Feedback

[tbonespud]

I have a situation I would like some feedback if possible if anyone has had any experience with this sort of thing.

I am a 6th Dan in TKD and I opened up a new school about 6 months ago. I left my current teacher who I had trained with for over 25 years due to differences in opinion.

I was upfront when I told him I was going to open my own school and I told him I would like to work something out and stay in his organization. Out of respect I offered to give him half the testing fees for 2 years and half the monthly fees for 2 years for any of his students who left his school and wanted to train with me.

He said he wanted 1/2 for 10 years on all new students and testing. I told him he was crazy and I left his organization. He told me you have learned knowledge from me and I owe him. I told him I paid for your knowledge, it was not free. So if I get knowledge from eductaion through college which I pay for and become a doctor or something I pay back the university 10 years 1/2 of my wages. I don't think so!

Because we live in the same city he is threathing legal action. I have my no compete clause which was good for one year and he photo copied it and forged the date to reflect it was 5 years. My lawyer said we could sue for fraud but I don't want this thing in court if it can be avoided

The problem is along the way he decided money was more important than teaching. It is a shame because in his younger days he was a hell of a person and teacher, buy money problems in his personal life have ruined this man.

He tests people way to early who are not ready, black belts their Kukkiwon certificates are held unless they sign 2 years contracts with him, he never personally teaches any more or is rarely at the dojang.

I have never once spoke badly about my former master to anyone or have ever tried to solicit his students to come to my school, but they are coming in bunches. 42 people so far including all his balck belts. He now is closing his school because he has lost his students. I have his former students sign documents that I don't solicit them if they leave him.

Things have been going great and I am up to about 85 students. He is now spreading rumors about me taking all his students and is threathing to smear my name and sue me or get my rank stripped from the Kukkiwon. I am just wondering if this is possible. I have had many meetings to try and work this out with him but he not being reasonable. He is 9th Dan Grand Master and has a lot of pull in the Kukkiwon.

 

[terryl965]

First off, he cannot take rank away if you truely have it. The Kukkiwon does not wipeout records. Secondly the non compete clause is not legal, here in America people have a right to teach and open any business they choose. Lastly even if you did solicit his student base, so what if he was still doing his job he would not be loosing those students to you. I would keep doing what you are doing and move forward. Remember we live in America home of the free and we have the right to be as one.

 

[MBuzzy]

I don't know about Kukkiwon - but Terry is right on. Legally, he doesn't have a leg to stand on. In fact, you went above and beyond. You didn't have to even tell him that you were starting a school. You could have opened up across the street and there would be nothing he could do, legally (don't know about kukkiwon rules) - Home Depot's been doing it for years!

Just stay away from the guy, don't contact him and if he does try to speak to you, funnel it to a lawyer (if possible). THEN, if he does start bad mouthing you and trying to get your students....and you have proof, then you can nail him for slander and libel, which shouldn't be too hard.

It sounds like you're in the right here, just keep your nose clean. I say that, because if you do say the wrong things or do something out of place, he may have legal grounds, it is insane what you can sue for nowadays. Not that I think you might do something....but just be aware! If it wasn't for stuff like that, Judge Judy wouldn't have a job - basically, try to keep it one sided against him.

 

[Kacey]

I don't know about the Kukkiwon either - but having been in a situation where I had to sign a non-compete clause (it was part of the testing paperwork), I know that, in Colorado at least, they are unenforceable, especially given that the one I, and others, signed were signed under duress (no signature = no test).

I would suggest that you continue to maintain your integrity by not discussing your concerns with anyone who might conceivably say something that could get back to your former instructor, continue to document everything that occurs, and, as hard as it is after such a long time, do your best to not talk to him. Your offer to share fees shows a great deal of integrity - don't let him take that from you.

 

[howard]

Many, if not most, covenants not to compete are unenforceable

Some, however, are valid, particularly if they meet the general conditions of enforceable contracts. Offer / acceptance and mutual assent are key to this. Ask people like certain investment bankers, advertising executives and others in fields where individual talent and creativity determine commercial success.

It all depends on the provisions of the covenant.

The only sure way to find out whether the one you signed is enforceable is to consult a licensed attorney in your state.

 

[lulflo]

I would say that if you honor your teacher with exactly what you said you would do and try to maintain an open door policy where he can come in for guest appearances, etc., that you would be taking the high ground and would not have to lose any sleep at night about someone who would seem to be a great man in your eyes from the many years of instruction. Things change for everyone and if you can give back to your instructor when he is only taking and not giving, it could be what he needs to bounce back from his "slump" Only a thought for you to chew on.

Good Luck with that!

Farang - Larry

 

[Jai]

I went through something like this years back so I can give some personal feedback on this.

As others have said, the clause you have is worthless and will not stand up. It is more a "gentlemen's agreement" then anything legal and binding.

What you offered is well above and beyond. I tip my hat to you for even trying to work something out if what is going on is trying as bad as what you say.

The Kukkiwon does not wipe records, and as far as I have been able to find out, have no such rules for schools and distance ect. You may want to contact them directly just to be safe.

The best way to go about things is to run your school your way. Take the higher ground and people WILL follow you, more so if they see you are offering the better training, and better all around treatment of students.

I wish you all the best and moral support for your future.