Dance Articles > Teacher breaks chain's no-compete, lands in jail

Discussion in 'Dance Articles' started by Throwaway Overshare, Oct 21, 2008.

  1. nucat78

    nucat78 Active Member

    Atty #1 says:

    You could sue for false arrest but the judge may have immunity and you would have to prove intentional or malicious conduct, which is usually very difficult to do. And practically speaking, I don't think there's any way in hell you'd get a fair trial. Juries are very police biased. Finally, keep in mind that the standard for probable cause to arrest or for a search warrant is pretty low.

    I'll let you know what Atty #2 says as soon as they get back to me.
     
  2. Throwaway Overshare

    Throwaway Overshare New Member

    This is actually a good comparison. Both are arguably (in some people's view) cases where allowing two "adult" parties to agree to arbitrarily anything without restriction is not necessarily in the general "public interest". As we're learning with mortgages, letting people signed themselves into bad situations has a cost not just to those individuals but to society at large - the neighbors of the foreclosed property, the social support system, relatively innocent (401K, etc) investors at a distance, and ultimately even those who wrote the unreasonable contracts.
     
  3. samina

    samina Well-Known Member

    i'm of the same mind. i've walked away from good projects because the hiring party would not make something equitable in the contract. i've heard agencies say to me so many times, "well, everyone else signs it..." people enter into sloppy agreements every day...and then become disgruntled when "the other guy" tries to take advantage of the situation.
     
  4. Angel HI

    Angel HI Well-Known Member

    It has been said before in this thread that the real issue here is that non-competes are non-sense. The departing person should not solicit students and/or abscond with trade secrets, but other than that...should be allowed to live heir lives. The problem with most law suits is the law...though, it has been tried since time began, one can not legislate morality.
     
  5. fascination

    fascination Site Moderator Staff Member

    excellent point angel...
     
  6. ChaChaMama

    ChaChaMama Well-Known Member

    I have no particularly educated opinion on dance studio no-compete contracts, though they seem unsavory to me. (As a consumer, I do not want any studio thinking of me as their property!)

    I do, however, remember the following somewhat related incident from earlier in my career.

    I got hired as a teaching assistant in grad school. I was at The University of California-Berkeley, which most people would consider to be one in the top 25 most liberal-left schools in the nation. So imagine my surprise when my contract included a LOYALTY OATH! I seem to recall that when I objected, I was told I could scribble a notation saying I didn't accept this provision and initial it, but that if I didn't sign the contract, I wouldn't get paid. As a grad student, I needed the money and the experience in order to move on to better opportunities down the road. So if I recall correctly, I put in my notation of objection, initialled, and signed.

    Apparently this loyalty oath is still in place. I got this from Wikipedia's article on The University of California-Berkeley:

    "During the McCarthy era in 1949, the Board of Regents adopted an anti-communist loyalty oath to be signed by all University of California employees. A number of faculty members objected to the oath requirement and were dismissed;[11] ten years passed before they were reinstated with back pay.[12] One of them, Edward C. Tolman—the noted comparative psychologist— has a building on campus named after him housing the departments of psychology and education. An oath to "support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic" is still required of all UC employees.[13][14]"

    I also remember that the state of California required one to be fingerprinted in order to get a driver's license. I did not like this idea. I have not committed a crime and I didn't think there was any clear and compelling need to gather this information from me. As far as I could tell, however, there was no way to opt out if you actually wanted a driver's license...and I needed a driver's license to help me prove that I actually lived in California so I could qualify for in-state tuition, a difference of tens of thousands of dollars.

    Not saying this guy's case is comparable, but just that opting out isn't always easy.
     
  7. nucat78

    nucat78 Active Member

    I had to get fingerprinted to apply for my securities broker license. Never understood that as virtually everything is done electronically now. What would they look for, my fingerprints on a laptop that a buy order came from?

    (Actually, it was more for id-ing ppl who absconded with clients' money.)
     
  8. cornutt

    cornutt Well-Known Member

    I have been fingerprinted more times than I can count. The whole damn world has my fingerprints. I'm lucky that my fingertips aren't permanantly stained.
     
  9. etp777

    etp777 Active Member

    Just once here, for my security clearance. well, twice, needed two cards. Well, that's only time I did full card anyway, now that I think about it done single finger several times on base, and with drivers licenses and stuff. And weird whole hand one on base too.
     
  10. Standarddancer

    Standarddancer Well-Known Member

    Just wondering if this news article exposure will help this teacher get more students after he served his jail term? or vice versa? not great for his reputation, but might pique some local interest to take lessons from him? Guess he will probably have no choice but to relocate 25 miles away to comply with the non-compete clause?
     
  11. tanya_the_dancer

    tanya_the_dancer Well-Known Member

    This isn't great for the studio reputation either. Which is why I wonder why they went so far in the first place.
     
  12. cornutt

    cornutt Well-Known Member

    I've had that whole-hand one at least twice that I can think of. Both of them were for things having to do with NASA, which seems a bit odd. The standard thing these days is each finger twice, and then the four fingers of each hand, all together, twice. It's actually an interesting exercise in muscle isolation -- you have to maintain stiff fingers while letting your wrist go limp, so that they twist your wrist to roll the finger the way they like to do it. I always have a hard time with that bit.
     
  13. Larinda McRaven

    Larinda McRaven Site Moderator Staff Member

    I sat in a cell once for failure to appear in court. It was actually a clerical error, when they did not record my payment for a speeding ticket and then as far as they were concerned I failed to show up in court to contest the ticket.

    When I recieved the warrant I drove myself in to the station and plopped down with my cleared check in hand. Although I had to go through the whole process of being arrested and such the poor police man was so sorry for having to fingerprint me and set me in a cell. He actually gave me a private cell in the station instead of sending me across the street to the jailhouse. (for which I am eternally grateful!)

    The whole fingerprinting process was interesting., He called it the five finger dance, and made some goofball joke about putting it on my resume. And yes, keeping the wrist pliable and the finger toned, while letting the body rock from side to side as they roll the finger was pretty difficult.
     
  14. quixotedlm

    quixotedlm New Member

    I've never been to jail.
     
  15. samina

    samina Well-Known Member

    huh...even tho you had the cleared check in hand, which you brought to them... they went ahead & arrested you anyway?
     
  16. Larinda McRaven

    Larinda McRaven Site Moderator Staff Member

    They had to, it wasn't their decision to make. I had to sit and wait for a bail bondsman to pay a stupid amount of money before I could leave. The policemen at the station were so irritated and sorry for me. They were as nice as humanly possible.

    Then I had to show up in court to argue my case, at which point another court date was set so the DMV/Court system could look up on their end where my money went, then I had to go back again, then the judge could throw it out. Whole process took at least a month and half, all the while technically I was driving on a suspended license until they could come to agreement that I really did pay the ticket the first time around.

    That's bureaucrazy.
     
  17. samina

    samina Well-Known Member

    yes, i do understand...
     
  18. Joe

    Joe Well-Known Member

    You should have gone to the court clerk who made the error, handcuffed yourself to him/her, then gone and submitted yourself for jailing. :)
     
  19. Throwaway Overshare

    Throwaway Overshare New Member

    The legality of his teaching probably has not yet been determined by the full process that should apply to evaluating the validity of the contract that supposes to prevent it.

    Instead, he's in jail for procedural reasons, specifically, making a judge angry.
     
  20. fascination

    fascination Site Moderator Staff Member

    one should never make a cop or a judge angry
     

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