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Old 09-08-11 | 07:42 AM
  #73  
pacificcyclist
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Joined: Dec 2007
Posts: 920
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From: Canada

Bikes: 2012 Masi Speciale CX : 2013 Ghost 29er EBS

Originally Posted by tcs
I see some of the same red herring arguments that Thor advanced weeks ago.

Employees? No, they were corporate officers. If you actually know about business, you know there are different standards of behavior and in fact actual laws governing and restricting the actions of corporate officers.

Leave to work for someone else? No, as you have described, they developed a competing company and real, in-the-metal competing products while they continued to work for their previous company.
Dahon is a business entity, just like Apple, IBM, Samsung etc... Business 101 says that whoever leads or works for that business entity funded by investors is an employee. You want to do this to limit your liabilities with the firm in the case of bankruptcy or lawsuits from other firms, clients etc. So Josh Hon as well as Florence Hon were once employees of Dahon , but sit at the top of the food chain so to speak.

Which means if Dahon goes out of business tomorrow, all directors, corporate officers will have no jobs or duties to attend to. If they are not employees of Dahon, they will continue to work. But work for whom and work for what?!?

The argument you are saying is that, Josh Hon and Florence Hon developed bicycles, technology and a competing firm while serving as officers is a no no. It is a no no while being officers SELLING bikes under the table while serving as officers. This is called conflict of interest. But this is again not new. Any employees of any hi-tech company or firm will have to sign a NDA as well as a non-competing act before joining the company promising not to compete when the person is being employed. I was not aware that Josh Hon was selling Tern bikes while he was with Dahon. Do you?
Secondly, I was not aware that Josh Hon used all patented technologies from Dahon itself to develop Tern bikes. I thought he owned those. Do you?
So which leaves David Hon with what? Nothing to dispute.

Any employee can develop competing services and or products during their tenure with the old firm. What Thor said earlier and what I said on my last post is that, the old firm CAN NOT stop me or anyone to establish a new business and provide a service I developed during my employment with the old firm. Almost all Americans and everyone in the world do this. It is called apprenticing.. Bike mechanics do this. Hair dressers do this as well as line cooks or chefs do this. Then, they quit and form their own businesses. If you insist Dahon is correct, then all the bike mechanics, hair dressers and cooks that work in my town are as equally guilty as Josh Hon.

Fine.. I suppose you must have a perfect city to live in where no one apprentices any job and somehow, every hair dresser, bike mechanics and cooks who graduated from school or read a book somehow became experts without on the job experience.

Wow, that's great. Which country do you live in?
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