Text 27455, 78 rader
Skriven 2009-02-13 13:32:48 av Michiel van der Vlist (2:280/5555)
     Kommentar till en text av Dale Shipp (1:261/1466.0)
Ärende: Phelps Smokes a Bong
============================
Hello Dale,

On Wednesday February 11 2009 23:05, you wrote to me:

 DS>> I would expect such clauses to be standard in that sort of contract.

 MVDV>> For newsreaders? Hardly. Not here.

 DS> Not talking about newsreaders.

It was Ross that brought up newsreaders. Since you wre jumping in, I assumed
you were including newsreaders in "that sort of contract".  *1)

 MVDV>> Athletes are not spokesman for their sponsors either. They
 MVDV>> just wear the T-shirt with the companies name. They are
 MVDV>> not supposed t speak, they are supposed to run. Or jump or
 MVDV>> swim, whatever the trick is they do.

 DS> AND, they allow the company to put their image on cereal boxes.  AND,
 DS> they appear in televised commercials protraying the thinly veiled
 DS> message "Use product X and you will become like me."

There is another difference then. Here athletes do NOT appear on cereal boxes.
They do appear in talk shows, but when they do, they do not represent their
sponsor. They do not wear clothing with the name of the sponsor, the sponsor is
not normally mentioned, thet just talk about the sport, not the sponsor.

 DS>> You say that you have had restricting contracts tried on you.
 DS>> Where any for being a public image for the company?

 MVDV>> When I was abroad alone, which I usually was, I represented
 MVDV>> the company. One way or another. Even if my job was just to
 MVDV>> fix a problem with a piece of machinery.

 DS> Not hardly a public advertising spokesman though.  Not relevant.

very relevant I'd say. For Kellogs the general public is the customer, For my
company the company that bought and used our industrial controlers was the
company. It does not matter if the customer is Joe the Plumber or Phillips Car
Radio. When I travel on behalf of my companie, I represent the company and when
I misbehave in the presence of the customer, I can damage the company.

 MVDV>> No, not towards the general public, but towards the customer.

 DS> Exactly.

As does Phelps, because fopr Kellogs, the general public is the customer.

 MVDV>> The restrictions they tried on me were non disclosure
 MVDV>> agreements and agreements not to work for the competition
 MVDV>> for x many years after my resignation.

 DS> Which you had the choice to accept if you wanted the job, or not
 DS> accept if you did not want it.

It is not that simple. Over here we consider that normsally employees and
amployers are not equals. The employer usually has a far stronger position that
the employee. Therefore we have laws to protect employees against exploitation.

 DS> I have also signed numerous NDAs and contracts that gave any results
 DS> of my work to an employer *in exchange* for the current money.  I did
 DS> so willingly.  As a result I do not receive any sort of continuing
 DS> income when the products I helped develop are used by the public.

Nothing wrong with that, but clauses to forbid an ex-employee to work for the
competition for x years have been overturned by courts as an unfair
restriction. After all when you are fired, the competition is where your
expertise is best utilised....


*1) I had a bit of trouble going back in the thread to find who it was that
introduced newsreaders. It would help if you used an editor that inserts a
reply kludge in your messages...

Cheers, Michiel

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