dmart90 said:

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Firing someone and then trying to enforce and non-compete is a db move. Just sayin'.

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Exactly!
You fire a sales guy because he is not selling.
He goes to your competitor and you sue him.
Why?
He sucked at his job?
Or was spending more time at the bar or with this mistress at the motel?
Let your competitor deal with his BS now and save legal fees.

Wouldn't a podcast be more along the lines of a hobby? Can corporations control you from building a boat in your basement after a day at the office if you are a boat salesman? A podcast is a side hustle.

TxTarpon said:

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dmart90 said:

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Firing someone and then trying to enforce and non-compete is a db move. Just sayin'.

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Exactly!
You fire a sales guy because he is not selling.
He goes to your competitor and you sue him.
Why?
He sucked at his job?
Or was spending more time at the bar or with this mistress at the motel?
Let your competitor deal with his BS now and save legal fees.

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It's more likely the person is a good employee, and the company is trying to stick it to them for being "disloyal".

IndividualFreedom said:

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Wouldn't a podcast be more along the lines of a hobby? Can corporations control you from building a boat in your basement after a day at the office if you are a boat salesman? A podcast is a side hustle.

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Probably gets dicey is/when the resources to set up and distribute the podcast have corporate backing.

ts5641 said:

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TheEternalPessimist said:

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Stopped listening to the Ticket around 2008 or so cause I got tired of Corby and Danny's political rants on the Hardline.

Plus it was never the same without Greggo anyways.

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Yep, as soon as they went political I was done with them. Gordo went to the dark side as well.

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Bob Sturm doesn't suck.

From my best estimates, Rhyner is trying to recreate The Ticket at The Freak.

Nearly every host at The Freak has been a member of the ticket in some form or fashion in their career:

• Mike Sirois- Decade plus at the Ticker. Cirq dus Sirois and Norm's show
• Danny Balis- Long time Hardline producer, and without Corby has scaled back the politics big time.
• Julie Dobbs- 5 years or so part-timing
• Ben Rogers and Jeff Skin Wade- Started their careers there talking Mavs and doing weekend shows. Saw the writing on the wall that nobody retires, left for Live 105.3 before it became The Fan, then ESPN, the The Fan, then The Eagle, then talked Rhyner into repackaging The Eagle into The Freak and being full time Talk Station
• Kevin Turner- Started as an intern for Norm, hired away by Ben and Skin about 10 years ago
• Kristina Ray- Ticket Chick, now producer for B&S

The only one that wasn't from that ilk was Jeff Cavanaugh who spent all his time at The Fan before quitting over mental health issues and not enjoying some of the "teammates" there.

Non-competes should only be applied when you can prove they are taking company knowledge with them to their new employer, or are found to have been setting up their transition with customers before informing the old employer.

lobster claw

91AggieLawyer said:

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BassCowboy33 said:

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91AggieLawyer said:

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amercer said:

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Need to get rid of non compete clauses. California did it years ago without much issue.

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Do you have a cite for this? States can't really "get rid" of contract clauses. Courts can stop enforcing provisions in contracts and I guess state legislatures can technically make them illegal, but I would find it extremely hard to believe that it would be a violation of the California Penal Code to include this provision in a contract. The other option is to make trying to enforce one in court a breach of some kind of Civil Practice Code, calling for Sanctions, but that's highly unlikely too. If one or something like this exists, please highlight it. Its also interesting, with all the law breaking California experiences, to think that they'd put this at the top of any agenda, but then again, that would be the most believable part of this.

Get rid of non-competes and you'll get rid of employees doing that job. Might as well hire consultants to do it. You have more control over the contract terms and confidentiality. There are other ways to get around this -- mandatory arbitration clauses, federal venue for labor disputes in the contract (iffy, but possible if agreed to by the parties), etc. There aren't too many things we can't get around.

The leftist way of "thinking," which is ALWAYS idiotic, is that you move the needle toward the employee (or labor) and everything else remains the same. No one, it seems, took an economics course EVER. Businesses are not going to stand around and say, "OK, we'll just let them move from our company to the next whenever and however."

I would love to hear from those more versed in labor law than I am as to how they think intermediate Texas COAs and the TSC would rule in cases such as this.

(PS: The Ticket has been trash -- regardless of host -- since they quit talking sports. Late '90s, I think. Maybe very early 2000s. If you like the "guy talk" format, fine, but that wasn't the original reason for the station.)

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If you read The Ticket Bio book, it became apparent very quickly that the only-sports model wasn't working. It was only once they pushed into other topics that the ratings exploded.

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I'll take your word for it, but I don't understand it. They had a monopoly in the DFW market prior to the other stations coming on (ESPN and The Fan, or whatever). They moved toward that format either before or during the time those stations got moving. Not to mention guys like Randy Galloway when he was on WBAP, I believe.

How could DFW not have the ratings to support ONE sports only station and a myriad of other stations that did sports a small part of the day and then suddenly "explode" the ratings once two other full time ones came online while the original one deemphasized sports? What stations did these listeners come from? Again, I'll trust what you say but it doesn't make sense. Besides, Norm was still doing sports while the other shows weren't.

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No offense but I don't think understanding it is relevant. That's what happened and that's what the market wanted, clearly. I LOVED the first decade of the Ticket with its mix of guy talk and sports. It was pure entertainment and appealed to me at that time. Over time I lost interest in it when it got more politically leftist and politically correct.

IMO, Straight sports talk is boring and repetitive. I can only hear so many different ways that the Aggies and Cowboys **** the bed before it all sounds the same.

MouthBQ98 said:

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They have a place but only where it involves specific knowledge of strategic or technical information about a business.

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Agree.

I deal with theft of trade secret cases all the time:

1) R&D employees get paid nice salaries for a decade to develop a technology by Large Corporation.
2) R&D employees all ask for big raises, including some executive of the company that is in charge of R&D.
3) Large Corporation gives modest raises.
4) Majority of R&D team quit and start Competing Company and "develop" extremely similar technology in 1 to 2 years.
5) Large Corporation sues the crap out of Competing Company for product sales losses and the individuals for the salaries that Large Corporation paid the individuals over the relevant decade.

Large Corporation can and will abuse the non-compete clause to keep individuals from starting businesses in shoulder technologies that shouldn't apply, but those cases can often be fought by lawyers who will countersue on contingency.

Congrats, @thedumbzone 🙌 pic.twitter.com/RobiQhXFhQ

— Courtney Cox Brown (@CourtneyCBrown) September 26, 2023

Peeps on social media celebrating…

no puppet

BassCowboy33 said:

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Congrats, @thedumbzone 🙌 pic.twitter.com/RobiQhXFhQ

— Courtney Cox Brown (@CourtneyCBrown) September 26, 2023

Peeps on social media celebrating…

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Somone got ahead of the Feds getting involved.

If you know, you know, you know?

Uncle Dan you knowing in the courtroom. You did great sir pic.twitter.com/Z24quvfFum

— Dumb-fuck day 1 (@Clayzor85) September 26, 2023

Tea leaves seem to read that Cumulus didn't like the attention that came with the article and decided to settle. The transcripts floating online are pretty funny. There was never a case here for Cumulus.

Hope non-competes get crushed. Clients aren't IP

Quote:

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It's more likely the person is a good employee, and the company is trying to stick it to them for being "disloyal".

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As a general rule, you don't fire people that make you money.

If you become a diva, then you might be "wished well."
But generally, you make it rain, you remain.

TxTarpon said:

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Quote:

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It's more likely the person is a good employee, and the company is trying to stick it to them for being "disloyal".

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As a general rule, you don't fire people that make you money.

If you become a diva, then you might be "wished well."
But generally, you make it rain, you remain.

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While generally the case, the sales example in the OP shows just how companies can weaponize non-competes to stick it to peeps who seek employment elsewhere.

TxTarpon said:

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dmart90 said:

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Firing someone and then trying to enforce and non-compete is a db move. Just sayin'.

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Exactly!
You fire a sales guy because he is not selling.
He goes to your competitor and you sue him.
Why?
He sucked at his job?
Or was spending more time at the bar or with this mistress at the motel?
Let your competitor deal with his BS now and save legal fees.

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.

I was under the impression that NC were only enforceable with voluntary separation.

If they fire you then it's not enforceable (?).

We should all be like attorneys. They can't be subject to noncompetes and can take their clients with them. Even the lighter version "non solicitation" clauses are pretty restrictive. The issue is that in some professions you develop skills in say, dealing with the IRS or the SEC staff, or in dealing with financial statement auditors. A big employer can effectively lock you out of employment if they can enforce a noncompete or non solicitation clause.

MouthBQ98 said:

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They have a place but only where it involves specific knowledge of strategic or technical information about a business.

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Agree. I'm in a commoditized industrial distribution business that is highly competitive. Our industry still throws these around and they're laughable. But it still scares people enough to make them stick in their current roles.

agracer said:

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I was under the impression that NC were only enforceable with voluntary separation.

If they fire you then it's not enforceable (?).

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When you do voluntary you there is generally cash consideration.
Example: I am leaving your company, you pay me $30k, I sign a NDA/NC saying that I will not talk about you and the five women you are sleeping with at work, where your Jack Welch style secret office love nest is and to not start up a similar business and solicit your customers for a period of time.

Some sales organizations have NC agreements as part of their employment/sales commission plan agreement. I have seen sales people leave a market, then solicit their previous customers. Their previous company sending a "Cease and desist" was enough to back the salesperson down. Could the salesperson have prevailed in court? Maybe.

Judges and courtrooms don't always do what you want them to do.
It hurts deeper pocket less.