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

dancerman

Active Member
#62
I can't imagine the pickle his lawyer must be in right now... having to defend the client in court and in public, while probably reading him the riot act in private. It's got to be infuriating trying to represent a client who insists on sabotaging his own defense.
Why? They get paid by the hour.
 

dancerman

Active Member
#63
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.
Any chance we'll get to see that on U-Tube?
(sorry, Larinda, I had to)

:roll:
 
#66
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.
 

dancerman

Active Member
#67
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.
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.
 

3wishes

Well-Known Member
#68
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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