batlan 0 #1 July 28, 2008 Does anyone have any experience with a previous drop zone owner/employer trying to sue you for going to work for another drop zone that is in close proximity (80 miles) to his facility? I live in a right to work state, and there are no trade secrets or special information associated with the work done for that DZO. It would seem unfair to try to take from a person the ability to make a living out of malice.Blue Skies Lance Quote Share this post Link to post Share on other sites
BillyVance 34 #2 July 28, 2008 That's just fucking stupid. I would be shocked if any court would find any merit in that suit. "Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
Leapinglizardto 0 #3 July 28, 2008 I don't know for certain, but it does not sound like it would hold up. Have you sought legal counsel?It's pretty pathetic when you have to TELL people you're fucking cool Skymama «narrative»This thread will lock in 3..2.. What a load of narrow-minded Xenophobic Bullshit!-squeak Quote Share this post Link to post Share on other sites
upndownshop 0 #4 July 28, 2008 QuoteDoes anyone have any experience with a previous drop zone owner/employer trying to sue you for going to work for another drop zone that is in close proximity (80 miles) to his facility? I live in a right to work state, and there are no trade secrets or special information associated with the work done for that DZO. It would seem unfair to try to take from a person the ability to make a living out of malice. Whats he afraid of, you increasing peoples knowledge and becoming safer in the sport, thus increasing it? Oh wait, he obviously could not teach you anything that you could pass on if he is really suing you for those reasons. Good luck Quote Share this post Link to post Share on other sites
RhondaLea 4 #5 July 28, 2008 QuoteDoes anyone have any experience with a previous drop zone owner/employer trying to sue you for going to work for another drop zone that is in close proximity (80 miles) to his facility? I live in a right to work state, and there are no trade secrets or special information associated with the work done for that DZO. It would seem unfair to try to take from a person the ability to make a living out of malice. Have you been served? Or is this just one of those, "If you do _________, I'll sue you" situations? If the former (which would be bizarre, imo), see a lawyer asap. The trouble with a lawsuit is that no matter how frivolous it is, if you fail to answer, judgment will be entered against you. If the latter...well...I'd tell the dzo to go fuck himself, but that's just me.If you don't know where you're going, you should know where you came from. Gullah Proverb Quote Share this post Link to post Share on other sites
BIGUN 1,406 #6 July 28, 2008 Did you sign anything in the form of a Non-compete agreement? If so, find out what your State's "Blue Pencil Test" is in determining if it is too restrictive. If you did not sign anything, then move along and don't sweat it. You don't even need counsel for that one... It's just another case of "I'll huff and I'll puff..."Nobody has time to listen; because they're desperately chasing the need of being heard. Quote Share this post Link to post Share on other sites
wrightskyguy 1 #7 July 28, 2008 What's "the rest of the story?" John Wright World's most beloved skydiver Quote Share this post Link to post Share on other sites
popsjumper 2 #8 July 28, 2008 Out the DZ and the DZO?My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
tazz 0 #9 July 28, 2008 are you planning to take any of his students with you? if so he has a case. Quote Share this post Link to post Share on other sites
Squeak 17 #10 July 28, 2008 Quote are you planning to take any of his students with you? if so he has a case. Not unless he kidnaps them the customers are free to choose where ever they want to do their tuitionYou are not now, nor will you ever be, good enough to not die in this sport (Sparky) My Life ROCKS! How's yours doing? Quote Share this post Link to post Share on other sites
chuckakers 426 #11 July 28, 2008 QuoteDoes anyone have any experience with a previous drop zone owner/employer trying to sue you for going to work for another drop zone that is in close proximity (80 miles) to his facility? I live in a right to work state, and there are no trade secrets or special information associated with the work done for that DZO. It would seem unfair to try to take from a person the ability to make a living out of malice. Non-compete clauses are the norm in my business (radio). Whether or not this DZO's non-compete is enforcable is a question for a lawyer in your state. Here's what I can tell you about the laws in Texas. Criteria for enforcement: 1. The non-compete agreement must be part of an otherwise enforcable agreement. This is to say, that if you were simply an employee or contracted worker with no specific employment agreement (contract), a non-compete will likely NOT be enforcable. However, if you signed a contract that stipulated certain things (length of agreement, services to be rendered, etc.) then the non-compete agreement MAY be enforcable. 2. The non-compete agreement must specify a reasonable geographic area for enforcement. This is subjective, of course, depending on the job. As an example, in radio it's not unusual to see a 200 or 300 miles radius on non-competes. That's because many radio stations have a reach of 100+ miles, so the courts could find that a 200 or 300 miles area of protection is reasonable. On the other hand, if you work in a field where you would not be in direct competition just 50 miles away (shoe salesman, auto mechanic), the courts would likely not enforce a 200 mile restriction. These are a couple things I know from having dealt with an ex-employer that threatened me with a suit. I have no idea what other subtle things could be involved. A lawyer in your state can give you a quick rundown of the laws there. You may also want to check with your state's employment commission. They deal with this stuff everyday. Side note - I doubt very seriously that a DZO would actually take legal action against an ex-employee for a non-compete, unless the employee knew certain trade secrets or was privy to strategic plans of the business. Who would to spend untold dollars to chase after a skydiving instructor? Unless the DZO is operating out of ego or anger, I can't imagine they would spend the money just to make you move a little further away to perform your trade. But then again, I've seen DZO's do a lot of silly shit.Chuck Akers D-10855 Houston, TX Quote Share this post Link to post Share on other sites
livendive 8 #12 July 28, 2008 I'm guessing that like most instructors, you are an independent contractor, not an employee...is that correct? If so, I'd think you'd have to have a written contract with the DZO stating you would not provide your services to his competitors for some specific period of time. Without that, I can't imagine him having a leg to stand on. Blues, Dave"I AM A PROFESSIONAL EXTREME ATHLETE!" (drink Mountain Dew) Quote Share this post Link to post Share on other sites
turtlespeed 226 #13 July 28, 2008 QuoteI'm guessing that like most instructors, you are an independent contractor, not an employee...is that correct? If so, I'd think you'd have to have a written contract with the DZO stating you would not provide your services to his competitors for some specific period of time. Without that, I can't imagine him having a leg to stand on. Blues, Dave First of all, what state is it that this is happening in? I'm thinking that just about anyone can probably bring suit, no matter how stupid (Until the court deems it frivolous) in which it will cost someone, likely the OP, money, and time at least, and then more money and time to counter sue, just to get compensated for the experience . . . right?I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun Quote Share this post Link to post Share on other sites
batlan 0 #14 July 28, 2008 This DZO seems to be doing this out of anger for my wife and I quitting on him. We gave him 30 days notice to help him transition a new person into the manifiest position my wife held. He told to shove the 30 days and to get off his property ASAP. We have not been officially served, but have been threated with it just yesterday. I believe his motivation is driven by his enormous ego. We are not causing him or his DZ any hardship. He is just trying to be a bully.Blue Skies Lance Quote Share this post Link to post Share on other sites
Icon134 0 #15 July 28, 2008 I would think that by terminating your contract (i.e. telling you to get off of his property ASAP) he effectively lost any abilty to prevent you from seeking emploment at another dropzone. But I'm neither a lawyer nor do I have much of an ego... Livin' on the Edge... sleeping with my rigger's wife... Quote Share this post Link to post Share on other sites
RhondaLea 4 #16 July 28, 2008 QuoteThis DZO seems to be doing this out of anger for my wife and I quitting on him. We gave him 30 days notice to help him transition a new person into the manifiest position my wife held. He told to shove the 30 days and to get off his property ASAP. We have not been officially served, but have been threated with it just yesterday. I believe his motivation is driven by his enormous ego. We are not causing him or his DZ any hardship. He is just trying to be a bully. I don't understand what you mean by "...not been officially served, but threatened with it...," so I'll refine my question: "Has he found some lawyer crazy enough to actually file a complaint?" If the complaint has been filed and you're just avoiding service of process, you need to see a lawyer. I've worked on three different dropzones, small, medium and large, and I've never heard of anything like this. One of the norms in skydiving has always been that when an employee (staff or contractor) and a dzo get thoroughly sick of each other, they have a huge fight, and the employee heads off to try his luck elsewhere. If this guy is just making noise, he's normal. If he actually files suit, both he and his lawyer have lost it. But even if they've lost it, if there is a complaint, you must answer it.If you don't know where you're going, you should know where you came from. Gullah Proverb Quote Share this post Link to post Share on other sites
batlan 0 #17 July 28, 2008 My wife was and employed manifiestor, I was a contracted instructor/ rigger. In the state of Texas. The DZO called my new drop zone and told the DZO here that he will be filling a law suit for breach of a no compete contract today the 28th aginst my wife, myself, and our new DZO.Blue Skies Lance Quote Share this post Link to post Share on other sites
futuredivot 0 #18 July 28, 2008 Do you have a copy of the contract?You are only as strong as the prey you devour Quote Share this post Link to post Share on other sites
turtlespeed 226 #19 July 28, 2008 QuoteDo you have a copy of the contract? He hasn't stated if there even Was a contract. Was there? Scan and post it.I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun Quote Share this post Link to post Share on other sites
RhondaLea 4 #20 July 28, 2008 QuoteMy wife was and employed manifiestor, I was a contracted instructor/ rigger. In the state of Texas. The DZO called my new drop zone and told the DZO here that he will be filling a law suit for breach of a no compete contract today the 28th aginst my wife, myself, and our new DZO. Okay, then here's the question: Do you have a written agreement with the dropzone, and does it contain a non-compete clause? If the answer to either question is yes, you should find an employment attorney and schedule an immediate consultation to review the contract. If the answer to either question is no, you should still see a lawyer to find out what remedies you have against someone who is trying to interfere with your livelihood. I saw that someone suggested scanning and posting the agreement (if it exists) here. Don't do that. A consultation with a real lawyer will cost you money you may not think you can afford, but...well, I recently left my job, and there were issues. I'm not a lawyer, but I'm a paralegal with nearly 25 years experience, and I know a fair bit about employment law. Nonetheless, I wasn't willing to rely on my knowledge to protect my interests, so I saw a real lawyer. Best $150 I ever spent. In the meantime, if I were you, I'd stop talking about this here.If you don't know where you're going, you should know where you came from. Gullah Proverb Quote Share this post Link to post Share on other sites
futuredivot 0 #21 July 28, 2008 Quote I saw that someone suggested scanning and posting the agreement (if it exists) here. Don't do that. Disregards Turtle The only consistantly good advice you'll find on hereI'm not a lawyer, but I have spent a night or two in jail-I still wanna know if there's a written, signed contract. If not, I don't see an issue. And so many people throw out that "I'll sue" threat-you know the guy, is he the type, is he just a blow hard, or did you give him legitimate reason to litigate?You are only as strong as the prey you devour Quote Share this post Link to post Share on other sites
Thanatos340 1 #22 July 28, 2008 Talk to a Lawyer, A REAL one and not one someone that just plays one of the interweb thingy. Every state is different and has different laws on this. I believe that in my state (Also a right to work state) Non-complete clauses in employment contracts are generally not worth the paper they are written on. Case Law in Georgia backs this up with the courts ruling that a person has a right to make a living in their chosen field without having to relocate. Your state may view this differently.. Also if the DZO wants to spend $1,000`s of dollars to go after you for something that will take Years to resolve.. Hey.. Let him try. I cant really see where it is in the DZO`s best interest to actually pursue something like this for a basically "Unskilled" job. (To all the Wonderful Manifest people out there I realize that "Unskilled" is far from the truth but the job doesn’t require Certifications, Degrees or any other specialized skill.) I am NOT a real lawyer and one of those that like to play one on the interweb thingy. Quote Share this post Link to post Share on other sites
Andrewwhyte 1 #23 July 28, 2008 He fired you and is now attempting to prevent you from gaining employment elsewhere. If there is no written contract I would start by filing a small claims suit against him for whatever the maximum amount allowable in your state. Serve him (better yet, get someone else to serve him since you are not allowed on the property) and then call him and see if he still wants to play. If not tell him that a letter to your new employer retracting the threat will result in you dropping the case. If you did sign a contract with a non-compete, well too bad for you. Quote Share this post Link to post Share on other sites
turtlespeed 226 #24 July 28, 2008 QuoteHe fired you and is now attempting to prevent you from gaining employment elsewhere. If there is no written contract I would start by filing a small claims suit against him for whatever the maximum amount allowable in your state. Serve him (better yet, get someone else to serve him since you are not allowed on the property) and then call him and see if he still wants to play. If not tell him that a letter to your new employer retracting the threat will result in you dropping the case. If you did sign a contract with a non-compete, well too bad for you. Hell, lets get a couple of the boys together, a couple a' beers and a couple o' baseball bats and have us some BATTING PRACTICE - Yee Haw!I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun Quote Share this post Link to post Share on other sites
BillyVance 34 #25 July 28, 2008 Quote My wife was and employed manifiestor, I was a contracted instructor/ rigger. In the state of Texas. The DZO called my new drop zone and told the DZO here that he will be filling a law suit for breach of a no compete contract today the 28th aginst my wife, myself, and our new DZO. PM me the name of the DZ that you left, and I will personally make sure I never patronize that place. The skydiving community is just too small for fucked up threats of lawsuits for something like that. "Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban Quote Share this post Link to post Share on other sites
