Now that Caique has left and taken a few TA's with him, is he being sued his pants off by Rorion? Does anyone know?
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Q about Caique leaving Torrance
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Originally posted by Zhoozhitsu
Now that Caique has left and taken a few TA's with him, is he being sued his pants off by Rorion? Does anyone know?
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Are you kidding Hawk? It's not like Rorion never sued anyone for no reason.
Actually, in this case, Rorion would have a legitimate case. Normally, when an account manager or sales rep leaves a company, he/she is now allowed to contact his/her customers for a certain period of time (i.e. 1 year). I believe the customers can choose to solicit his business, but not the other way around. Caique may not have asked the TAs to go w/ him, but Rorion would still have a decent shot at recovering for some of the lost business.
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solicit...?????
i don't think caique will need to solicit anyone. he has a loyal following and i'm sure they'll go without him having to ask.
ta's - are some of the ta's who left, hooked up with relson, right? i don't have any experience with how the ta system works (contracts, etc.), but i would imagine that the head of the ta(s) in question would be in trouble for any breach of contract, not caique.
further more, i also don't see how rorion could sue caique unless there was a breach of contract on caique's part.
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Aloha,
1. There has to be a contract to have a breach of contract.
2. If no contract, no breach.
If Caique signed a contract with a no compete clause, then there will be a suit, if not there won't be. As far as I know, there was no contract between them.
Hawk
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hmmmm... i heard from a reliable source that A LOT of purples went with caique and he promoted two of them to brown... mauricio zingano and bo hershberger.
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Originally posted by Hawk
If Caique signed a contract with a no compete clause, then there will be a suit, if not there won't be. As far as I know, there was no contract between them.
1) A contract does not necessarily have to be in written form. If there was a meeting of the minds, this is key.
2) There are many other ways to breach a contract other than non-compete. I'm guessing Rorian works on a 1099 basis with his instructors, this leaves plenty of room for litigation.
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Aloha,
Oral contracts are very hard to prove up in court. As you say, there has to be a meeting of the minds, but on this occassion if that was going to happen it would probably been in writing which I don't know if it was, one way or other. Time will tell.
Hawk
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Tell you what Hawkman. The Rorion I know would pull out all stops to ensure viability of his business. So I have a hard time believing he didn't have Caique or any other Torrance instructor sign a no compete clause. Especially after a number of TAs and instructors left the association. Maybe Rorion never thought any non-Gracie Torrance instructor would gain such popularity.
Obviously non-compete clause is not an issue or else all of these TAs wouldn't leave w/ Caique. But I wouldn't be the least bit surprised if Caique was involved in litigation of some sort w/ Rorion right now.
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