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

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

  1. samina

    samina Well-Known Member

    very.wise.words.
     
  2. dancerman

    dancerman Active Member

    Why? They get paid by the hour.
     
  3. dancerman

    dancerman Active Member

    Any chance we'll get to see that on U-Tube?
    (sorry, Larinda, I had to)

    :roll:
     
  4. dancerman

    dancerman Active Member

    Especially in divorce court!!
    Ka-ching Ka-Ching!
     
  5. Joe

    Joe Well-Known Member

    Yeah, innocent people could die.
     
  6. 2totango

    2totango New Member

    Even if you get paid by the hour, it is particularly frustrating to spend time trying to build your case, prep your client, prepare for court, etc. and then have the client do or say whatever so they can "say their piece".
    I had a client swear to me in my office that a certain man was the father of her child, then tell the judge in court that she was not with the man during the time the child could have been conceived. No big surprise that the judge found the man not to be the father, but the woman blamed me for not getting her child support.
     
  7. dancerman

    dancerman Active Member

    Point well taken, thank you. I for one didn't mean disrespect to lawyers, by the way. In fact they have saved my butt money more than once. Also shame on a client for not listening to representation she paid you to give her.
     
  8. 3wishes

    3wishes Well-Known Member

    Having read DF for awhile - this newsmaking article summons me to write - AM uses a boiler plate non-compete inclusive contract. Which does not take into account state by state business laws. Be aware. Many legal jurisdictions will look at several points in terms of a non-compete contract regardless of industry 1) is it reasonable? most importantly. 2) was the person a partner in the business and took "secrets" that no one else in the business knew about or shared with others? 3) did this person contact previous employer business customers solely for the purpose of bringing their business to the new employer/business? It seems - number 3 in Plano Texas was a bingo. However, it is perfectly legal to, if asked, to announce where you are now working (no further information than that). To market yourself (typically with AM chain franchise contracts - you cannot use the AM name associated with any of your marketing for two years). Now, is the 25 miles limitation reasonable? In many states it is not. Considering historical legal cases - the economic times of our day, housing, etc etc. Even in 1952 - the dance instructor who waltzed his way across the street - to teach dance independently was not seen as a "threat" to the AM studio that he left. It is interesting to note - as well - that California does not and has not ever recognized a business non-compete contract - unless there was an actual business partnership involved and trade secrets. Not owner/employee relationship or sorts.
    And currently, the state of Georgia is reviewing it's non-compete legal issues on contracts as the courts are leaning toward "reasonable" vs "threat" for business contracts. This Plano Texas, independent dance instructor is getting a ton of free marketing and media- that he does not have to pay for as a result- although the court has imposed a sentence.
     

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