WAG Chow files a lawsuit

[gymnerd]

I have been there although it was quite a while ago. Also if you look on their website at the summer camp flyer the recreational programs are in building 2218 and the team gymnastics are in 2210.

 

[gymdog]

I don't believe non-competes are common in the gymnastics industry.

They're not uncommon.

 

[gymnerd]

They're not uncommon.

So it is not uncommon to have a coach doing recreational gymnastics sign a non-compete? Good to know... I wonder what USAG would think of that....

 

[coachmolly]

So it is not uncommon to have a coach doing recreational gymnastics sign a non-compete? Good to know... I wonder what USAG would think of that....

I signed one as a rec. coach. I don't think USAG would/could do anything about it- lots of rec. coaches aren't even USAG members.

 

[gymnerd]

I signed one as a rec. coach. I don't think USAG would/could do anything about it- lots of rec. coaches aren't even USAG members.

Coachmolly Did you leave the gym with which you signed the non-compete? If so, did it force you to move out of state to remain a gymnastics coach?

 

[gymdog]

So it is not uncommon to have a coach doing recreational gymnastics sign a non-compete? Good to know... I wonder what USAG would think of that....

1. I doubt it's ever come up and even if it did what would USAG do within the framework of US law? I doubt they have any ability to restrict hiring and firing practices and all state law is different. And if they tried, gym owners could band together and make a new USAG.

2. Some gyms only have full time employees sign these kind of contracts and most full time coaches aren't purely rec but it's certainly possible. Also, some gyms have every employee sign them. I'm not a rec instructor, but I also don't know without a doubt the status of this person's responsibility there. It really doesn't make a difference to me either way to be honest.

3. In my state these are rarely enforced. Maybe in other states settlements and lawsuits "happen all the time" but not here. These are violated time to time, but usually nothing comes of it. So I'm surprised but I still don't know the full story so, I guess my point is there must have been circumstances that made this worth it for him to pursue even knowing that it might get dismissed.

 

[gymnerd]

1. I doubt it's ever come up and even if it did what would USAG do within the framework of US law? I doubt they have any ability to restrict hiring and firing practices and all state law is different. And if they tried, gym owners could band together and make a new USAG.

2. Some gyms only have full time employees sign these kind of contracts and most full time coaches aren't purely rec but it's certainly possible. Also, some gyms have every employee sign them. I'm not a rec instructor, but I also don't know without a doubt the status of this person's responsibility there. It really doesn't make a difference to me either way to be honest.

3. In my state these are rarely enforced. Maybe in other states settlements and lawsuits "happen all the time" but not here. These are violated time to time, but usually nothing comes of it. So I'm surprised but I still don't know the full story so, I guess my point is there must have been circumstances that made this worth it for him to pursue even knowing that it might get dismissed.

I wonder what circumstances would warrant a world renowned gymnastics giant to feel he needed to protect himself from a rec. coach. Maybe more details about the circumstances will come to light in the press. Filing a lawsuit must be expensive. As an aside Josh Koopman was a head coach at Chow's and now coaches at Sapphire in Urbandale, Iowa.

I wonder how fair and impartial the judge will be considering Chow's considerable notoriety and influence in the community. I saw on his website that a statue was erected in his honor...

 

[Midwestmommy]

This would fall under Iowa law, rather than federal law. Just because noncompetes are signed, does not make them enforceable. They are generally not to protect against "all competition" and any court would balance a business's rights against an individual's right to make a living. I've never heard of one being enforced against a nonexempt (paid hourly) employee, for example. It doesn't sound like they are alleging she took a client list and used it or anything like that. The "secret sauce" jargon in the papers was probably necessary to meet one of the standards in Iowa. I can't imagine the "trade secrets" argument would fly with folks in Iowa. Particularly when this was a rec coach. There is probably more to the story than we will find out.

 

[coachmolly]

Coachmolly Did you leave the gym with which you signed the non-compete? If so, did it force you to move out of state to remain a gymnastics coach?

I moved 2000 miles away, so it was a non-issue. One summer I left the state for a few months and coached out of state while technically still an employee at this club, the owner/HC was completely fine with that arrangement. And as I mentioned before, a few employees left and started their own club a few miles away and no legal action was taken. Not sure if they had signed the non-compete clause, but it seems like it was something that was not strongly enforced. And I couldn't imagine the owner taking anyone to court over it.

 

[JBS]

Not sure what everyone is describing as common and uncommon. In my state...a majority of the gymnastics coaches have NOT signed a non-compete. By majority...I mean 90%+ have NOT signed one.

 

[gymdog]

Not sure what everyone is describing as common and uncommon. In my state...a majority of the gymnastics coaches have NOT signed a non-compete. By majority...I mean 90%+ have NOT signed one.

I imagine it varies by state as employment law varies by state. Employment law can vary quite a bit actually and so can case law. In my state most private gyms have full time employees sign these. Not all, but I would say most big private gyms, yeah. That said, I've never heard of any kind of enforcement at all. And when a relationship breaks down and someone looks for work elsewhere, owners usually discuss it amongst themselves anyway as far as what the situation is. By the way these kinds of casual communications and inside conversations that I describe are common and likely some of them violate state laws too (hiring, collusion, etc). But I doubt that anyone's going to pursue that either.

 

[gymgymgymnast08]

I know a handful of coaches who have worked for two gyms at a time. How would that work with a non-compete?

 

[coachmolly]

The club that had me sign the non-compete was, I think, a different sort of situation. It was part of a larger sports complex, though I don't recall if the non-compete was facility wide. It was also 1 of 3 gyms in a relatively small city and there was some other strange stuff going on, so I definitely wouldn't say it was the norm.

 

[3rd_time_around]

Having my dd at a gym that had a former coach start a team program less than 10 miles away, that gym actively recruit gymnasts from our team, actively go after other coaches with offers of more and more money, a car, and offering free tuition, discount tuition for girls that move over there, I can totally understand a non-compete clause in gymnastics. The "product" is training, and when you invest months or years into a gymnast or coach and get them to a high level of skill, and they go across town and take their skill there to help someone else gain financially and reputationally, it hurts your business. I think a non-compete clause is a good thing. It usually has a time and/or distance restriction, which protects your business from loss of revenue and helps keep local drama at a minimum. But that's just me.

 

[Deleted member D3987]

THIS happens all the time in businesses that have you sign a non-compete upon hire. I suspect a settlement will be made- in or out of court.

but if the 'contract' was not signed prior to hiring because the 'coach' was never told they would have to sign one...and the coach went to work...and the contract comes later...the contract would be...figure it out.

Hmm, surely not everyone who has left relocated to another state to coach gymnastics.

very astute and correct. wink wink

 

[Deleted member D3987]

sorry, I didn't catch that she was a rec coach who wasn't even working in the same building. It doesn't say so in the article. How do you know this?

because they know...

 

[Deleted member D3987]

@Becauseisaid why "Good on Chow for attempting it."

The coach was a recreational gymnastics and dance coach. She did not coach team or Level 10 nor did she even work in the same building as Chow, which makes the claim of trade secrets even more implausible. The article states that coaches are "exposed" to his special methods on a "need to know basis"... Chow would have to prove irreparable harm and he seems to be doing pretty well for himself as far as I can tell. He is a big name who continues to receive press now that Gabby is back. Meanwhile, the reputation of this coach suffers as a result of this article.

The L10 girls that left Chow's did so before the coach left. How is that soliciting them to join a competitor? When Mike Durante left he was replaced with Jesus Vasquez. Here is his resume: http://www.resumebucket.com/jesusvazquez319 for those that are curious. Maybe these parents and gymnasts weren't satisfied with Mr. Vasquez coaching. If I were to uproot my family and spend thousands for coaching by Chow I would expect that promise to be met. One of Chow's L10 gymnasts Gracie Day left well before the other Level 10's and went back to Texas. She is currently being coached by Mike Durante.

This begs the question... why did Durante leave Chow's and go back to Tx? Why did Chow selectively enforce this non-compete against a rec coach and not against the other higher level coaches that have left and currently coach in the area? I believe that Jesus Vasquez left Chow's... I wonder if he is still coaching?

hahahahaha! i didn't read this first. YOU ABSOLUTELY KNOW WHAT'S WHAT AND WHAT IS GOING ON! hahahahahahaha! absolute truth here, folks!

 

[Deleted member D3987]

I wonder what circumstances would warrant a world renowned gymnastics giant to feel he needed to protect himself from a rec. coach. Maybe more details about the circumstances will come to light in the press. Filing a lawsuit must be expensive. As an aside Josh Koopman was a head coach at Chow's and now coaches at Sapphire in Urbandale, Iowa.

I wonder how fair and impartial the judge will be considering Chow's considerable notoriety and influence in the community. I saw on his website that a statue was erected in his honor...

VERY GOOD!

 

[Deleted member D3987]

Not sure what everyone is describing as common and uncommon. In my state...a majority of the gymnastics coaches have NOT signed a non-compete. By majority...I mean 90%+ have NOT signed one.

this is accurate and correct, JBS.

 

[Deleted member D3987]

I imagine it varies by state as employment law varies by state. Employment law can vary quite a bit actually and so can case law. In my state most private gyms have full time employees sign these. Not all, but I would say most big private gyms, yeah. That said, I've never heard of any kind of enforcement at all. And when a relationship breaks down and someone looks for work elsewhere, owners usually discuss it amongst themselves anyway as far as what the situation is. By the way these kinds of casual communications and inside conversations that I describe are common and likely some of them violate state laws too (hiring, collusion, etc). But I doubt that anyone's going to pursue that either.

yes, close. but NOT in the case of the coach in Iowa.