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Old 02-14-2006, 06:51 PM   #31
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i agree Brit, but what it all comes down to is....was is it in HIS contract? if it doesn't specifically spell those details out, Josh has a chance. from the looks of it,(if its true) Josh had a chance to get out. i'm sure he thinks he has a leg to stand on.
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Old 02-14-2006, 06:55 PM   #32
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Brit and smash are pretty much right on the money. If the suit is what we think it is.

Not that I don't feel for Josh, cause he has always been a great person to all of us. But I also feel for Trinity.

My company owns me and any idea's I come up with. Related to what I do for a living. I knew that going in and signed that over.
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Old 02-14-2006, 06:56 PM   #33
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Brit,

You can not control "experience" unless you have a "no compete" clause in the contract or employment agreement. Otherwise nobody could ever get another job in the same field. Some big shots have that in their agreement and can't work in the same industry for whatever length of time the agreement says.

None of us really don't know what this is all about. Was the contract for racing only, don't know. Was the contract for a product that Josh was sup[posed to produce, don't know. I could go on but the fact is we don't know until one of us goes to the court and gets a copy of the files. Which we can do because it is a public document. Anybody?????
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Old 02-14-2006, 07:07 PM   #34
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I think I'll take you up on the $50 Ernie. Do you accept paypal?

I don't think anyone can speak intelligently on this matter without full knowledge of the story.

From what I understand Josh started his business while under contract for Trinity. The business he started was in conflict with his existing contract with Trinity. This is the basis of the story, as best I know.

It's one thing if you want to leave and start your own business in the industry, it's another to be gainfully employed under contract and start a competing business.

Someday drivers will have representation while signing these contracts.


As far as Deiter he left BEFORE he did anything new, and I don't think he was a contracted employee.
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Old 02-14-2006, 07:40 PM   #35
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Quote:
Originally Posted by Tacoma
I don't think anyone can speak intelligently on this matter without full knowledge of the story.
Very true.

I was just presenting the opposing side.

Didnt want this to turn into an evil corporation bashing thread.
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Old 02-14-2006, 08:47 PM   #36
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I started my consulting company while working for other companies...Did I learn stuff on the job that helped me, sure I did. MANY people I know in the IT field do the same thing. There are trade secrets that are protected and it all really comes down to the non-compete agreement and non-disclosure agreements (both of which are evil and serve PRIMARILY the purpose of business).

There are ways around them. I got around mine, didn't do anything illegal, just beat the system. For me, the trick was keeping my day job and my own business completely seperate. Working for myself has been the best thing. I've worked for evil corporations like Trinity in the past and it sucked...I work to make the CEO $$...

The laws are built to work for corporations and to help those with money, keep their money and perpetuate their influence.
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Old 02-14-2006, 09:19 PM   #37
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I have read the docs from the court. In total it’s about 30 bucks-8 cents a page.

The lawsuit is Trinity Products vs. Josh Cyrul, CEFX and ABC Corps
ABC Corps includes and are not limited to JACO / SMC, Hudy/ XRAY, Fantom Motors. Funny how these ABC Corps are all doing business with Trinity to this day and have not been served any papers. From what I can gather Josh was served at the wrong address. Why are these companies not being included in the proceedings? According to what the court docs for Josh's defense say - Ernie insisted that Josh create CEFX so he could buy bodies from him. When Josh refused to make bodies for Trinity where Josh would bear all expenses and no profit, Trinity withheld his paycheck to attempt to force him into a contract. There does not appear to be anything in the court docs -his contract with Trinity is entered as evidence - that does not allow Josh to start his own business. Also in the evidence is a termination letter from Tony P the President of Trinity Products. I would say he was fired. Is that why you are offering new contracts? How is Josh to trust anyone who would fire him and then sue him and then expect to be employed by the very same company that has set itself out to take away his ability to earn a living? There are some pretty outrageous charges that Trinity is making and provides little or no evidence of their claims. The biggest disappointment for me was to see Joel Johnson’s involvement.
If Josh’s family has made a fund for his defense, it is obviously for good reason.
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Old 02-14-2006, 09:24 PM   #38
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I was talking to Josh's parents tonight and from how it was explained to me this is a really stupid, petty lawsuit.

I am probably getting the details wrong but Josh is being sued over not producing bodies at no charge for Trinity "Team" drivers. Someone can correct me if I am wrong.

Personally, I have a very nice track to race at because of Josh, his wife and family, and the racers in my area supporting it. Conversely, I have all Trinity or Trinity derived motors in my cars. It would be great if I could have both. For now I am siding with Josh and his family and I'll be looking for alternatives. I don't know Josh personally as a friend, just as a fellow racer. It is too bad any of this has ever made it this far.
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Old 02-14-2006, 09:42 PM   #39
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First of all - I would like to thank everyone for their support. Please do not get carried away with this. We did not start the fund to bash anyone. We only wanted to ask for help to support Josh. We don't believe it is necessary to accuse or make any statements - true or false - about the lawsuit or any of the parties involved. The lawyers will do their jobs. Please understand that this fund is NOT for profit. This fund is only to pay the bills.
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Old 02-14-2006, 09:59 PM   #40
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Well, my dad has read the contract that Josh signed from Trinity. He has been a corporate lawyer for 20 years. I also worked at Fantom when the fax came through regarding this.

Hopefully this all gets settled and everyone can move on.

Just want to say "HI" to Jerry and Cindy, Josh and family.

Jeff
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Old 02-14-2006, 10:12 PM   #41
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Quote:
Originally Posted by Jeff Brown
Well, my dad has read the contract that Josh signed from Trinity. He has been a corporate lawyer for 20 years. I also worked at Fantom when the fax came through regarding this.

Hopefully this all gets settled and everyone can move on.

Just want to say "HI" to Jerry and Cindy, Josh and family.

Jeff
And what did your Dad think ?
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Old 02-14-2006, 10:14 PM   #42
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in all isnt it a bunch a pals racin toy cars?

some stuff can just go REALLY far....

but then i can see the contract deal...
as i race motorcycles for a living and once switched a tire company whhile i had a few months left with Michlein....

wasnt pretty.....
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Old 02-14-2006, 10:56 PM   #43
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Funny that Joel is now VP at Kyosho.

Erine, your plan backfired just deal with it. Let it be.

James

Biff Malibu:
The lawsuit is Trinity Products vs. Josh Cyrul, CEFX and ABC Corps
ABC Corps includes and are not limited to JACO / SMC, Hudy/ XRAY, Fantom Motors. Funny how these ABC Corps are all doing business with Trinity to this day and have not been served any papers. From what I can gather Josh was served at the wrong address. Why are these companies not being included in the proceedings? According to what the court docs for Josh's defense say - Ernie insisted that Josh create CEFX so he could buy bodies from him. When Josh refused to make bodies for Trinity where Josh would bear all expenses and no profit, Trinity withheld his paycheck to attempt to force him into a contract. There does not appear to be anything in the court docs -his contract with Trinity is entered as evidence - that does not allow Josh to start his own business. Also in the evidence is a termination letter from Tony P the President of Trinity Products. I would say he was fired. Is that why you are offering new contracts? How is Josh to trust anyone who would fire him and then sue him and then expect to be employed by the very same company that has set itself out to take away his ability to earn a living? There are some pretty outrageous charges that Trinity is making and provides little or no evidence of their claims. The biggest disappointment for me was to see Joel Johnson’s involvement.
If Josh’s family has made a fund for his defense, it is obviously for good reason.
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Old 02-15-2006, 03:24 AM   #44
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I am locking this thread for the same reason I did the other one: 98% of what is written here is purely speculative and/or uninformed, and it reflects poorly upon Josh, the Cyruls, Trinity, and others. The fact is, if you don't know this details of this--or any--legal case, it is poor form to be accusing one side or the other.
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