Sam Leccia's Debut on hold - Page 5 - Cigar Asylum Cigar Forum

Originally Posted by shilala:
The only thing I can come up with is that his stance is that he's in a completely different capacity in this new venture.

The thing is, none of us know what is or isn't in any agreements these parties have signed, so it's all just silly speculation.
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Originally Posted by Doctorossi:
The thing is, none of us know what is or isn't in any agreements these parties have signed, so it's all just silly speculation.

Agreed. I wasted way too many words. I wasn't busy, so nothing lost. :-)
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Originally Posted by shilala:
I wasted way too many words on this. I feel dirty.

ROFLMAO...well put!
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I think Oliva may have done something legally to get him to keep his mouth shut on the situation to keep the story from becoming too skewed especially with the show going on this week. I know when he first received the court order he was blasting Oliva on Facebook but has since not said a word except asking people if they knew where he could find a job. I would love to hear the whole story from both sides and see how the stories differ but signing a 5 year non compete and than deciding to try and launch his own brand shortly after parting ways is like pissing in the wind in my opinion. Again I would love to hear both sides from the horses mouth.
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Originally Posted by neoflex:
Again I would love to hear both sides from the horses mouth.

me too
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Sam logged in here yesterday. :-)
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Originally Posted by icehog3:
Sam logged in here yesterday. :-)

He's not going to comment on specifics as virtually every severance will make them keep their mouths closed on any of these details or be subject to losing said funds.
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Originally Posted by forgop:
He's not going to comment on specifics as virtually every severance will make them keep their mouths closed on any of these details or be subject to losing said funds.

Absolutely...wasn't trying to be critical of Sam, just pointing out that I am guessing he is aware that we are discussing the issue.
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I am finding it hard to really give a damn. No offense to anyone, but why should I care? There are enough manufacturers and a plethora of cigars I haven't tried yet to keep me busy for a decade if I choose.
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Originally Posted by TheRiddick:
Doesn't work like that in real world, bad example. Can you cite one such case?

Look up wine industry non-competes. So far, ALL OF THEM WERE and ARE ENFORCEABLE. In addition, I have yet to meet one winemaker who went back on his word, maybe its an industry thing, but agreements are ALL respected.

Are you speaking of 'Employment non-competes or BUYOUT non-competes?

Originally Posted by TheRiddick:
Like I said above, and AFAIK, any time a 5 YEAR non-compete is signed (a pretty lengthy time, I admit) there is serious monetary compensation involved one way or another (meaning during/prior to termination or thereafter), make no mistake about it. So, claiming "hardship" is pretty dubious.

No such compensations have I seen in my field, nor in any field of a 'creative' nature. Is cigar blending creative? I guess it's a matter of opinion

Originally Posted by TheRiddick:
Besides, you and some others keep mentioning "firing" as a way of Leccia/Oliva parting ways. Do you know this to be factual or simply guessing? If Leccia left on his own accord, then there is no court around to take his side. And from where I sit it does look like Leccia quit on his own accord and then decided to go the "American way", ie, stupid legal system where judges and juries have no common sense half the time and plaintiffs have nothing to loose by filing frivolous claims.

Where? I used that as an example, only. :-)

Originally Posted by TheRiddick:
You don't see Ernesto Carrillo suing General after they paid him years ago to buy him out and he had to sit all this time on the sidelines due to non-compete he signed up front. That is a man of his word. And honor. To me. But it seems my values are skewed judging by some posts in the thread.

Again, was this a pre-employment non-compete or a corporate buy-out non-compete? Buyout non competes are always enforceable, because it's an agreement between a previous owner/CEO and the new buyer to not go into the field of business that the company they sold conducted. A pre-employment non-compete is getting an employee to agree not to enter in a field in which they would compete with their former employer if they were to part ways. The reason why these are seldom enforceable is because there are too many ways an employee can part ways with his employer.

I am not saying that it's okay and moral for a former employee to violate a non-compete agreement. I'm just saying those kinds are rarely enforceable, especially if the former employee can prove there was no ground for his termination or had significant pressure to leave prematurely. Let's not blur the line on what is being discussed. I have no horse in this race, either way, Just adding an observation that's worth about :-)
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Originally Posted by cmitch:
Are you speaking of 'Employment non-competes or BUYOUT non-competes?

No such compensations have I seen in my field, nor in any field of a 'creative' nature. Is cigar blending creative? I guess it's a matter of opinion

Where? I used that as an example, only. :-)

Again, was this a pre-employment non-compete or a corporate buy-out non-compete? Buyout non competes are always enforceable, because it's an agreement between a previous owner/CEO and the new buyer to not go into the field of business that the company they sold conducted. A pre-employment non-compete is getting an employee to agree not to enter in a field in which they would compete with their former employer if they were to part ways. The reason why these are seldom enforceable is because there are too many ways an employee can part ways with his employer.

I am not saying that it's okay and moral for a former employee to violate a non-compete agreement. I'm just saying those kinds are rarely enforceable, especially if the former employee can prove there was no ground for his termination or had significant pressure to leave prematurely. Let's not blur the line on what is being discussed. I have no horse in this race, either way, Just adding an observation that's worth about :-)

I'm having a hard time believing anyone would put together a 5 year pre-employment non-compete agreement. This smells of severance/buy-out non-compete to me.
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Originally Posted by forgop:
I'm having a hard time believing anyone would put together a 5 year pre-employment non-compete agreement. This smells of severance/buy-out non-compete to me.

It actually smells more like an iron-clad NUNYA contract disposition to me.
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Originally Posted by shilala:
Agreed. I wasted way too many words. I wasn't busy, so nothing lost. :-)

I beg to differ. One could make an argument that currently 5 pages of server space has been lost. :-)
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Originally Posted by ahc4353:
I beg to differ. One could make an argument that currently 5 pages of server space has been lost. :-)

Don't miss your coupon code with a minimum purchase. :-)
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Originally Posted by Volusianator:
Boycott Oliva, ehhh, if you feel that's gonna help Sam, go ahead. Oliva makes some outstanding products that I will continue to purchase. Sam signed that non-compete when he took the job.

:-)
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I am surprised this thread is still going
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Originally Posted by hscmit:
I am surprised this thread is still going

Me too
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Originally Posted by replicant_argent:
It actually smells more like an iron-clad NUNYA contract disposition to me.

Ehhhh-heheh :-)
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