Builders Floor Service, Inc. v. Kirby

By Judge R. Terrence Ney

This matter came before the Court on September 6, 2002, on Complainant’s Builders Floor Service, Inc.’s Motion for Trial by Jury in this equitable action.

Facts

Builders Floor Service, Inc. (“Builders Floor”) is a Virginia corporation engaged in the floor covering and carpeting business. In June 1999, Builders Floor hired Curtis L. Kirby to work as a sales representative. Shortly after his employment commenced, Kirby entered into an Employment Agreement1 with Builders Floor, which set out the specific terms and conditions of his employment.

In October 2000, Kirby was…