Looks like Oliva did have a non-compete...

[jitzy]

I agree Tank with the loser pays, and that is in place, but you need to sue for the compensation, or, include it in the original suit (trust me, I know).

Tank, there is much you don't know. Much I don't know. But enforcing the non-compete is not an option. A company is obligated to enforce their contracts or set a precedent that may allow all others to end up unenforceable. I am certain that no one at Oliva is interested in stopping anyone from making any $ but the option is in fact not an option.
Also consider this... How much did Oliva spend developing Sam as their face of NUb? Shouldn't a company be able to protect a million dollar investment? Was it a million? I dont know but what about all the full page ads in CA? What about his signature on all those boxes, hats, shirts and other swag? I myself had to dispose of a few hundred hats. So while one side loses all sorts of $ for such an arrangement, should the other side be able to freely profit from it?
It's not my place to judge, but it is obvious there is 2 sides to this story and it is not simply a david and goliath story.

Gotta fully agree with this, Oliva did help to make Sam what he is today if it weren't for the backing of that big money behind him he may of just fallen to the wasteside like so many others trying to start out in an already crowded industry.

[Jimmie the Mum]

He signed the non compete...

[MaytagMan]

He signed the non compete...

That is the bottom line imho... I still wonder what possessed him to violate it so blatantly? Like Skipper said, there are obviously some things that are happening out of the public eye...

[Admin]

Details that we will probably never know for sure. For Sam to want to leave Oliva there must have been something bad that went down. From what I've seen and heard from practically everyone is that Sam is a damn good person, easy going, and a good business man. Perhaps there was something Oliva wanted to do using Sam's name which he didn't find acceptable and had to bail out. We may never know! Olliva has a right to protect their investment as well as Sam having the right to get a job elsewhere in the same industry that he knows. What do they expect him to do, go get a job at McDonalds? Heck, is he married? He should let his wife run the show...all in her name and his brains in the silent background. Non-Compete cannot touch that!

[Skipper the cigar aFISHinodo]

It's my uinderstanding that Sam got into cigars because of Oliva. Now I may be wrong, but I know for a fact that he had an interest in some vodka company and before that he was a dewers rep. Considering his entire carear in cigars has been working for Oliva, hit right to earn in the cigar industry in questionable.
Now, please, I am not taking sides, just playing devils advocate. I don't know the details and I like Sam a ton. Always did from the time I met him (he was doing a tasting of his Vodka at CFO) well before he worked in cigars. Heck, we all knew him here as wooknpanu or something...
Time will tell.

[Jimmie the Mum]

All good points. True, only Sam, Oliva and the lawyers really know.
But Eric, maybe it wasn't Sam that left, maybe it Oliva that wanted Sam out?

When the firm that I worked for (after 33 years) wanted me out, I signed a non-compete.

Seemed strange because I wanted to stay, wanted to work again but I wasn't allowed to work for a competitor and that was the only place I could of worked for with the background that I had.

The lawyers worked it out and everyone walked away.

No way could i do anything for a long period of time. But after 3 months, my old employer hired me as a consultant for 3 months. They re did the non compete with an additional clause becuase I couldn't even work for them.

You don't break non-competes. I'm sure Sam didn't walk away with nothing no matter if he left or was told to leave.

[Parkster]

My company wants me to sign a non-compete, I have roughly 30 pages of legal speak on my desk at home that I am supposed to read through, understand and sign.

I dont want to sign it, my way of thinking is that if I am not working for them I can work for whoever the hell I want to as my responsibilities are to provide for my family, after my final paycheck from the company, I become none of their business imho.

If they make my job redundant I will work for our competitors the next day ..... its my area of expertise ...... wtf else would I do at my age?

if I leave on the other hand, then I suppose I can see where they are coming from.

I need to talk to you guys who know more about this when I see you.

As for Sam and Oliva ........ We will never know the whole truth ...... why would we, its not our business.

My personal experience of Sam is that he is a smart cookie, passionate about what he does, but also a very straight up guy ...... whatever is going down, is what it is.

[Skipper the cigar aFISHinodo]

Dave, usually if you sign a non-compete you get something of value in return. It can't be just one-sided.

[Parkster]

Dave, usually if you sign a non-compete you get something of value in return. It can't be just one-sided.

Thanks John,


From what I understand of the guff I have read is that they own me .... even after death hahaha.

Its a "cake and eat it" for the company, which is why I wont sign ..... it could be the end of my employment with them if I dont, but thats their problem, I'll take my 28 years to the highest bidder or get my ass back in the field (its less bulls*%t there and less stress).

[US_Tank]

Dave, you could move to North Dakota USA! Big money here in oil.