Sam Leccia's Debut on hold

[TheRiddick]

Originally Posted by cmitch

Non-competes are almost ALWAYS unenforceable. I work in the graphic arts industry where non-competes are a heavy industry standard and the contracts are usually nullified by a judge due to the many loopholes available. One example would be firing. Regardless if the termination was justified, the company attempting to enforce the non-compete had better be able to prove it was a good firing or the courts will throw it out in the streets. The REASON is: What would stop an employer from 'hiring' you, making you sign an agreement for 3 to 5 years, work you 90 days and fire you? This would prevent you from finding gainful employment in your profession while 'protecting' the former employer from your work being done for his competitor. It's these abuses that make non-competes stupid to sign and difficult to enforce.

Doesn't work like that in real world, bad example. Can you cite one such case?

Look up wine industry non-competes. So far, ALL OF THEM WERE and ARE ENFORCEABLE. In addition, I have yet to meet one winemaker who went back on his word, maybe its an industry thing, but agreements are ALL respected.

Like I said above, and AFAIK, any time a 5 YEAR non-compete is signed (a pretty lengthy time, I admit) there is serious monetary compensation involved one way or another (meaning during/prior to termination or thereafter), make no mistake about it. So, claiming "hardship" is pretty dubious.

Besides, you and some others keep mentioning "firing" as a way of Leccia/Oliva parting ways. Do you know this to be factual or simply guessing? If Leccia left on his own accord, then there is no court around to take his side. And from where I sit it does look like Leccia quit on his own accord and then decided to go the "American way", ie, stupid legal system where judges and juries have no common sense half the time and plaintiffs have nothing to loose by filing frivolous claims.

You don't see Ernesto Carrillo suing General after they paid him years ago to buy him out and he had to sit all this time on the sidelines due to non-compete he signed up front. That is a man of his word. And honor. To me. But it seems my values are skewed judging by some posts in the thread.