Q about Caique leaving Torrance

[Mr. Miyagi]

I wouldn't count Rorion out yet either. For Rickson and the Machados, his excuse was that they had trouble keeping up to his strict rules, that's why they left. What will he say about Caique?

[SweepEm]

Originally posted by Aloha From Hell


It's not quite as simple as that.

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.

this is really funny,
you're telling Hawk,
who's a lawyer
some legal information................

HA!

[luke]

Aloha From Hell,

If Rorion is doing the 1099 thing with Caique, that would imply a subcontractor relationship with Rorion. A W-2 would indicate that Caique is an EMPLOYEE. Assuming the 1099 relationship (subcontractor) then Caique is free to work where he wants, when he wants, etc. If Rorion was to impose rules on Caique, such as he can only teach at Torrence, he has to be there at such and such a time, etc., then by IRS definitions he would be an employee in spite of being 1099ed.

If he is a subcontractor, he still may have signed a non compete clause, however, most clauses make reference to an employee not soliciting the employers clients for a certain period of time (3-5 years usually) or working within a certain geographic radius of the employer, whcih gives Caique several legal outs. The only thing about the clauses is that if it is too restrictive then a court would pfobably not enforce it. You cannot deprive a man of his livelyhood.

Mechanics usually don't have to give up their tools in a divorce and the same logic applies to the non compete clause, no tools, no living.


Non compete typically state that the ex-employee can't solicite the ex-employer's clients for such and such a period, however, the clause can't stop clients from going after the ex-employee on their own. It would be very difficult to prove if a client moved because that is what he chose to do or because he was illegally solicited.

Hawk and all, please correct me if I am off base.
Luke

[Aloha From Hell]

What everyone seems to be overlooking is the possibility that Caique has a contract to stay with Rorian for a fixed length of time. This is quite common with 1099 contracts; of course all w2 is "at will".

[Hawk]

Zhoo,
You mentioned that it wouldn't be the first time Rorion sued with out reason. Please enlighten me, when was the first time Rorion sued someone without reason, or when has Rorion sued someone without reason. As to whether he's seeking legal action,
I don't know, but I feel if he had a non-compete clause he'd have already filed an injunction. If that happen Caique would be shut down for at least 10 days and everyone would have known about it.
Luke,
My expertise is Criminal Law, however from what little I've done in the area involved here, you're right on the money.
Miyagi,
Rorion has never said Rickson had any trouble keeping up with anything. The falling out between Rorion & Rickson had nothing to do with rules, teaching, or Torrance for that matter. As to the Machados, they had their own way of teaching. Rorion wanted it taught like his father wanted it and the Machados wanted to change some things. So they went their own way. Further, the Machados were very much into tournaments and Gracie Torrance wasn't.
Hawk

[Tony10]

Hawk, since we're on the subject:

What was the falling out between Rickson & Rorion about?

tony

[Hawk]

Tony 10,
The way I understand it, When Japan started the Japanese Vale Tudo, they wanted Rickson to fight in it. He agreed. At that time Rorion was a part owner in the UFC. Bottom line, Rickson was competing in a tournament that was in direct competition with the UFC. That's the short version. For whatever reason, it didn't get worked out. I can see both sides of this and wish they could have too, and worked it out.
Hawk

[Aloha From Hell]

Originally posted by Hawk
Tony 10,
The way I understand it, When Japan started the Japanese Vale Tudo, they wanted Rickson to fight in it. He agreed. At that time Rorion was a part owner in the UFC. Bottom line, Rickson was competing in a tournament that was in direct competition with the UFC. That's the short version. For whatever reason, it didn't get worked out. I can see both sides of this and wish they could have too, and worked it out.
Hawk

You can see both sides of it?

GET the phuck out of here!

Are you telling me that you understand Rorian feeling miffed that a fighter, not under contract with the UFC, had the sheer audacity to choose his own fights?

Everyone- Hawk's been in the office supply cabinet sniffin white-out again.

[Hawk]

Aloha,
Only an idiot couldn't see both sides. On Rickson's side, he's a fighter and wants to fight. He's waited patiently (IHO) to get a chance to fight in the UFC, but it doesn't look like its going to happen. So, he takes a good offer in Japan. On Rorion's side, he's got a thing going that was his brainchild and off to a good start, and his brother, the undisputed best fighter in the family, fights for a competing corporation giving them instant credibility since everyone, Royce, Rorion, etc. has said Rickson is the best. I can see where both would be miffed.
Hawk

[Tony10]

Really? That's it?!

I thought it was something much more major than that.

[Zhoozhitsu]

It was more than that according to what I'd heard. Rorion wanted a cut of Rickson's purse. Rickson refused, and Rorion told Rickson he wasn't a part of the family anymore.

[Hawk]

Zhoo,
That's the first time I've heard that.
Hawk

[Aloha From Hell]

Originally posted by Zhoozhitsu
It was more than that according to what I'd heard. Rorion wanted a cut of Rickson's purse. Rickson refused, and Rorion told Rickson he wasn't a part of the family anymore.

Man, he wanted to pimp his own Bro? That's low. Very low. Even I'm surprised & offended.

Hawk, you owe it to us to get to the bottom of this. If Zhoo's story is true, you should resign from the GTA. Let Rorion clean his own damn toilets!

[Hawk]

Aloha,
As I've said, this is the first time I've heard it. From all my sources it happen as I posted. Rorion does clean his own toilets.
Hawk

[Aloha From Hell]

Originally posted by Hawk
Aloha,
As I've said, this is the first time I've heard it. From all my sources it happen as I posted. Rorion does clean his own toilets.
Hawk

You've never cleaned his bog?