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Wednesday, May 9, 2012

On going Saga of Mr. Dick sticking it to Trying to make a living DAY 240

Recently Trying to make a living had to go to court for hearing on Mr. Dick's motion to compel discovery. Of course Mr. Dick has no evidence to back up his frivilous suit so the fishing escapade has to go on. During this hearing Mr. Dick's $400 an hr attorney actually moaned to the Judge that Trying to make a living acting Pro-Se was filing too many motions and it was creating an undue workload for the $400 an hr firm. Of course Trying to make a living found this rather disingenious at best, but the fact is that Trying to make a living had filed a motion for Summary Judgement based upon the simple question of whether this non-compete contract is enforceable to begin with. Remember here is the language in the non-compete:
Employee agrees that during the term of this agreement and for a period of 24 months from and after the date of termination for any reason of this agreement (the restriction period), he will not directly or indirectly, own, manage, operate, join, control, be employed by, be engaged on an independent contractor basis, or participate in the ownership, management operation, or control of, or be connected or affiliated in any manner with any individual, corporation, partnership, or any other entity, that is engaged in business directly or indirectly competitive to the then existing or COMTEMPLATED business of the company within the United States (which shall be the restricted area) Employee further agrees he shall not in any fashion, form or manner; either directly or indirectly, solicits the customer’s or PROSPECTIVE customers for employee’s own account or on the behalf of any individual or entity during the restricted period.

Of course this language basically makes any work Trying to make a living does in direct violation of this paragragh. The State in which this legal action is taking place has consistently ruled that competition alone even when competition is intentional does not create a business interest. In other words competition alone is not a protected business interest, there must be some other legitimate business interest being protected. Mr. Dick's business is simply a sales and marketing organization with no proprietary intellectual property. In fact it can be easily argued that Mr. Dick's business requires zero intellectual capacity to begin with. This can be seen by the fact that Mr. Dick is the fearless leader of his own small firm in this vast industry. Remember Mr. Dicks industry would cover all the following industries combined Sales, Marketing, Advertising, Communications, Public Relations, Copy writing, Financial Services, Brokerages, Insurance sales, etc... Mr. Dick believes that all these industries are off limits to Trying to make a living because he and his $400 an hr attorneys say so. For all those following please read the restrictive covenant paragraph numerous times to get a clear picture of what it is attempting to stop. As we go along the business that Mr. Dick is in will be revealed but for now understand if you googled the term for his business firms in everyone of the above industries would show up.

If the courts will not intervene on people like Mr. Dick who has a warped sense of competition then who will. Mr. Dick deserves to never have another employee. He has now filed this same action against 3 former employees all of whom were simply telephone marketing specialists. None of these former employees have sought to compete with Mr. Dick or have inflicted any damages to Mr. Dick's business. He seeks to gain default judgments and pocket legal fees (so in essence he has ZERO costs in these frivilous actions)  and the gloat over his victories. Mr. Dick is a scarcity driven human being who believes that everything in life is zero sum game, quite simply I win you lose, so sums up Mr. Dick. (for all who may want to keep score this action began in Sept 2011, over 15 months after Trying to make a living left Mr. Dick's firm so we are now in day 240 and Trying to make a living has had to put over 500 hrs of man time, anger and stess into this silliness).