In my opiniopn, You are right! And it probably wouldn't hold up in Europe Either. My Partner, who is from Europe, believes this is not an inforcable action.
However, it has been my experience that many BIG companies, throughout the world, often use "tactics" that they know are not enforcable becuase they realize the former employee would have to spend a large sum of money hiring an attorney and fighting a long and expensive legal battle to ultimately gain nothing more then a "You were right" from the courts.
In my opinion, a former employee could easily spend $30,000 + for the court to say that the non compete agreement will remain in affect until the judge has made his ruling. You and I both know how slow court systems work and it wouldn't be unreasonable to wait upt to a year and a half before you heard that you were right all along.
So, basically after spending over 30K and not be able to work in the industry for a year and a half the only thing you win is a "you were right mr. Former employee "
In the end it doesnt make financial sense even though it does on principal.
We miss you Mike. I wish you the best at whatever you do and Im buying my ticket to AMS right now !
with the free time you have now you can come visit us in San Diego!!!
yay!!
on the first day we can go to the zoo, then we can go the Baja for some lobster and margaritas, then we can go to Sea World, then we can go to the tide pools in Pt Loma, then we can go eat some yummy sushi at my favorite place downtown called Taka, then we can catch a hockey game with the Gulls, then we can go to Tonys favorite dive bar up the street from our house called Lancers, then we can go back to the Zoo, then we can go to the beach and watch the sunset, then we can go to happy hour, then we can go eat more sushi, then we can go out to another skanky dive bar called the Star Bar and get $3 stiff drinks, then we can take a nap, then we can do more sightseeing and then you can pet my dog, then we can go to the wild animal park, then we can go out for steak at the turf club, and then and then and then and then and then
Good luck to you Mike Dutch....Project Management and Project Planning....thats a great field to get into...i hope you got a years pay as severence to make up for the year away from the biz...
Good luck to you Mike Dutch....Project Management and Project Planning....thats a great field to get into...i hope you got a years pay as severence to make up for the year away from the biz...
Mike,
Tim and I will be back in Amdam sometime soon I am sure to do paperwork or something like that. So I will get in touch ahead of time. Of course I will take you up on the offer of VIP treatment at the club hahahahah
Also open invite for you to come back to Palm Springs anytime you like. Just call or email.
Mike, I'm so glad to hear from you again after you disapeared in the dark that night in Amsterdam ;)
I don't have any of your new contact info, so YOU BETTER SEND ME AN EMAIL (rex at totemcash dot com) or I'll jump on the train to Amsterdam next Friday to kick your ass.
TTYS
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hey Mike thumbsup man you were a stand up guy for me in this bussiness! meet you in 1 year again i hope youll be arround then! this bussiness needs guys like you!
Kinda along the lines of you can't have a legal binding contract that would involve illegal activity. Non compete contracts need to be very specific I believe.
Mike is not just a solid, outstanding, straight up guy, I consider him one of the real friends I have made in this industry.
In an era when resignations and sackings in this biz seem almost the trendy thing, one need just read Mike's post, AND consider that he has let all the initial buzz die down befor posting, and compare that to some of the recent whinges and whines and carryings on of others to see the true estimate of the man.
Mike knows as well as anyone else who understands these things that he could take up work with another adult firm tomorrow, and do it in such a way that any restraint of trade clause wouldn't be worth the shit it is written on, but it stinks of the class of the man that he will honor a gentleman's agreement that sits behind any contract anyone may ever enter into.
Payserve's loss is to eventually be someone else's gain, and I can bloody well tell you, if I can pump up my volume to be able to afford someone of Mike's calibre by Oct 06, the rest of you can fuck right off, he's all mine ;-)
Mike, my brother, I look forward to seeing and partying with you in Amsterdam at New Years, and will make a sepcial effort to get over again in the New Year and spend some time with you - shows are not going to b the same without your friendly smile.
On the upside, it gives the rest of us 12 months of shows to actually try and make some headway with the ladiesof the biz, because without them following Mike around all the time someone else might just have a shot !!!! He he.
And mate, reply to this fucking thread - if anyone sues you, I'll cover the legals.
All I have to say is that everything happens for a reason, this just allows you to make a bigger step in a direction that will take you further than you have gone before.
Our friendship has grown so much since we met and you know I am here for you now and always.
You are able to touch everyone you meet in such a positive light and this thread speaks for itself.
All I ask is you remember the "little" people that stuck by you thru thick and thin when you come back and blow up......lol.....I hope I will still get that guest house on your island when you do...
I can say lot of things, but I wont. The only thing I want to say is that I? am happy that I met you. Your professional view and your person ?just being Mike? has added value to my life.
So long,
Toine
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I can say lot of things, but I wont. The only thing I want to say is that I? am happy that I met you. Your professional view and your person ?just being Mike? has added value to my life.
Can't register today my kid is still in the hospital my wife will kill if I officialy
plan this trip right now......however he'll be out in time....and I'll be there
Non competes are almost completely impossible to uphold in the US also. Best of luck with whatever you decide to do. Seems everyone is making major job decisions this month
I disagree, i've seen people violate non-competes and pay heavily in attorneys fees to resolve.
You deserve to make more money. I'll help you do that.
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Remember there is always 2 sides of the story and to judge 1 side out of the blue is never a good thing ;))
This is very good advice...no offense but, isn't this exactly what you are doing? Judging one side?
I usually like to practice what I preach and I couldn't agree with Mike (Sexentertain) more!
Regardless, of all the BS! Mike, it sounds to me that you are on the right path. As if you weren't already at the top of THE game in the industry, you being in school and fine tuning your craft, will only allow you to return to this industry with a vengeance. In the end, I think this is a much better pay off!
NOW, you have plenty of time for TRAVEL (hint) and more TRAVEL (hint)!!
I am so grateful for all the advice you have given me and I can't wait to see what you bring to this industry when you return.
You are a very special person Mike (seems it's the consensus) and I feel very fortunate to have you as a friend.
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