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Tailgate

Certifiably Surly
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Posts posted by Tailgate

  1. My uncle, an attorney, is currently in jail for his third DUI in 12 months.

    Good chance he may lose his practice.

    Alchohol is a wicked devil and I appreciate the stories on this and the old Shagg. 

    If you have a chance, please send good thoughts and prayers his way. It’s been brutal on my mom and his other brothers and sisters. He has been caught by this devil for many years and I’m not sure he knows the way out even though the entire family has attempted to help many, many, many times.

    \m/

  2. On 6/29/2018 at 8:48 PM, CooterBrown said:

    Picked up a small 9 lbs prime brisket for tomorrow. It'll probably trim down to 7 1/2 - 8 lbs.  I've cooked plenty of briskets but every single one has been over 12 lbs.  Should a tiny brisket be treated the same as a normal sized one? I don't want to dry it out so I will probably put foil under the flat to protect it a bit and use a water pan.  I usually set the egg at 275. Should I cook it hotter? Lower? Anybody experienced with a smaller size feel free to chime in. I won't judge.

     

    Do you use an L or XL. If an L does the 12lb fit ok? Thanks

  3. 6 minutes ago, TwiceHorn said:

    Ah so a bit of both on the sell the company, but continued as an employee until present.

     

    Yeah US is just not going to work as a reasonable territory.  But there's that pesky reformation provision in the law, so it might support an injunction.  With reformation of the covenant to Austin or Travis County, he might be in some trouble from a liability standpoint (injunction against further work in the area).  One might think it's virtually certain that he will be sued.  The whistleblower stuff might help, but it isn't guaranteed by any stretch and people have a tendency to overstate this kind of thing when potentially under the gun.

     

    Unfortunately, some lawyers are going to advise sort of incompletely hoping that there is a suit and fees to be billed on said suit.  Regardless of any potential defenses, this was an inadvisable course of action.  On the other hand, risk-loving entrepreneurial types are gonna entrepreneur and there was probably no talking him out of this anyway.  Hope it doesn't ruin him.

    Ya, your comment about you can beat the rap but you can’t beat the ride was a good one. Appreciate your thoughts.

  4. 40 minutes ago, TwiceHorn said:

    Also, a couple of things here that dont initially make sense.  The covenant was signed in the context of him selling the business, or the business being acquired by a new owner and he was just an employee? If the latter, he has an argument that the covenant fails for lack of consideration, but that argument has gotten harder than it was 10 years ago.

    How long has it been since he stopped employment with the old company and started his own?

    And addendum to how to evaluate the "reasonableness" of the restrictions:

    Time- should bear some connection to the "value life" of the employee's knowledge when leaving the company, really hard to evaluate, but two years is probably reasonable, five probably isnt.  In other words, if everything "turns over" in the business every couple of years and the term is five years, that's unreasonable.  If "turn over" information is available, that's the way to attack this

    Geography- where the employee worked, doesn't matter if it's a national or international company, but where the employee (city/county not state) was actually located or had a sales territory or other geographical connection

    Activity restrained- can only restrain that activity similar to or closely related to the work done at the prior employer

    So, it looks like the one he signed where he got consideration for the sale, he was an early employee not a founder, started two years from the date he signed it and ended last Fall. The other one he signed for continued employment, of which I listed in my words some of the language he read me in my original post, is two years from the date he left the company which was about two weeks ago. He formed the new company last week.

    Really appreciate all of the thoughts in these posts.

    Per comments:

    He started company in same city he worked. Austin.

    Agreement said he couldn’t do it anywhere in U.S.

    He is doing the exact same business model as the company he just left.

    He signed four other people who worked with the previous employer to come with him to new company.

    New info: He believes he has some strong evidence of ‘over billing’ companies for services that were rendered and then not giving contractors proper percentages from these projects...he thinks this could be his ‘card to play’ if they come after him. Apparently contractors sign contracts saying they get x % from each job done.

    He also says it’s illegal to over bill as most of these are insurance companies and he could be a ‘whistle blower’ and gain some type of protection there.

    Its crazy and I can’t imagine how lawyers aren’t going to get involved soon.

     

     

  5. I know there are plenty of lawyers on this site.

    A good friend of mine from high school in Austin...so known him 30+ years now ‘resigned’ from his job a couple weeks ago. A girl who worked under him went to HR and showed some texts that were sent a year ago...nothing outrageous but enough for him to not be in a good spot and he decided to resign once the investigation started. She was pissed because he didn’t let her work from home as much as she wanted and he had texts from her that were similar as they had gone out for a couple months. But, never the less...today a woman going into HR is not good news for the guy who also happens to be her boss. Enough of that.

    So, he signed a non compete after their company sold a few years ago. He’s read me portions some of which say things like ‘I know by signing this I can support myself knowing I can’t work/start a business in this industry.’ I don’t have the exact language but that was the concept in that portion of the document. It’s in the medical/insurance industry. I’ve never seen a non compete like this but to me it sounded pretty damn tight.

    Well, the day after he left he started his own business in the same industry...and signed a few people who worked with his previous company to come with him.

    I only post this as I worry about him. Seriously one of my closest friends who is single and recently bought his first house. I had told him for months to brush up his resume as once the company sold...it’s only a matter of time before they possibly shut down the Austin office.

    He said he talked with a lawyer who read the non compete and said it’s too broad and they won’t have a case. I’ve also heard as a right-to-work state it’s hard enforcing non competes in Texas.

    Sorry for the long story...but is my buddy up shit creek or does he have a fighting chance if they lawyer up? I’m assuming they have counsel in house.

     

  6. Shaddy was the culprit here as I mentioned earlier after the game.

    Not only does his bump of the first baseman pull that guy off and makes him turn around...RF is watching him run in so fast like he’s got it that he pulls back.

    He tried to be the final-catch hero and cost the pigs the game. Pretty damn certain he stays out of this and 1B or RF grab that ball. Looked like 1B had a real good eye on it.

  7. Does anyone have one in their pool? I’ve heard pros and cons...seems like mostly cons especially with a sport-type pool I’m looking at which is all one depth.

    My concern is just the number of moving parts...the recommended plan has about 20+ of these in our pool design and I’m also not sure I want to see these small spray heads all over the pool and stairs.

    Any thoughts from shag pool owners would be great.

  8. Sorry if this has been aksed and told, but I know CDC and others have moved sections around in recent years. Does anyone know for certain where the visitors section is in the stadium now? \m/

  9. First dive I took with my daughter six years ago I had never heard of this issue. We go down to the reef and see this really cool fish and are checking it out...then from nowhere we see the divemaster shoot a small spear into it. Freaked me out...was a lion fish and heard story when we got back to boat.

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