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  #11  
Old 09-25-2018, 12:19 PM
ChrisHanson ChrisHanson is offline
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Location: Wyoming
Posts: 9
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[QUOTE=Moff;6248834]Obviously you were hit by this in some way. A breach of contract is a breach of contract. All they had to do is wait 18 months.[/QUOTE]

I wasn't effected but had friends and family that were. If you want to do business with a bunch of shyster's, go for it.

I find it down right disgusting attacking families for trying to make a living in a small town by providing a service that they have become well versed in with over 20 years of expertise.

Secondly it looks like the Serverance Agreement over-ruled the 2016 Cabela's agreement after the merger:

"The Severance Agreement contains in Paragraph 17 a merger clause, which states that the
Severance Agreement supersedes all prior agreements between the Highbys and Cabela’s
relating to the subject matter, and preserves only certain, specifically named obligations from the
PMA.

Paragraph 17 recites:

[I]This Agreement is a complete agreement between the parties and supersedes
all prior discussions, negotiations, and agreements with regard to the subject
matter herein, whether oral or written. However, Employee agrees that this
Agreement shall not in any way affect, modify, or nullify any agreement(s)
Employee may have entered into with Cabela’s that obligate Employee to
protect Cabela’s confidential information and/or to refrain from soliciting
Cabela’s employees or customers after Employee’s employment is terminated,
and/or to assign intellectual property to Cabela’s, and that any such
obligations contained in those agreement(s) remain in full force and effect to
the extent permitted by law. . . .[/I]

Conspicuously absent from the expressly reserved provisions (“such obligations”) are the
Noncompetition and Nonsolicitation of Vendors obligations of the PMA, as well as forum
selection and consent to Delaware jurisdiction clauses, which are found only in the superseded
PMA and not in the Severance Agreement. PMA, ¶ 16(b).
Cabela’s actions and inactions have evinced its express intent to waive the
Noncompetition, Nonsolicitation of Vendors, and other clauses in the PMA, including the forum
selection and jurisdiction consent clauses. On numerous occasions, including in a direct
conversation between Mr. Highby and his supervisor, [U]Cabela’s senior management told him and
other soon-to-be-ex-employees that the noncompetition obligations of the PMA were no longer
in force[/U]. "

So they let upper management know their plans, upper management acknowledged, and informed them non competes no longer were in effect after the merger.
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  #12  
Old 09-25-2018, 12:23 PM
CEUL
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[QUOTE=SilentSam;6248814]1. No one at Cabela's Corp in Sidney signed a Non-Compete with Bass Pro. If Bass Pro is using the OLD Cabela's Non Compete from 2016 that is far longer than 18 months old. And if it would stick to that agreement, it specifically listed GANDER MTN, SCHEELS, BASS PRO, Sportsmans, and Academy as competitors. So all the folks still left as well as those that have moved on to any of those listed would also be in violation. Pretty bad thing to do to people whom you kicked to the curb. Be like telling an electrician he can't perform electrical work anywhere for 18 months and expect him to feed a family.

2. Nebraska is a Right-To-Work State, Non Competes are usually worthless unless you name the competitor (Refer to bullet 1)

3. The Severance packages were for the employees that Bass Pro said they no longer needed or didn't have a place for, FAR from Voluntary leaving.

4. Cabela's was NOT in a mountain of Debt, if they were they would've went bankrupt similar to Sportsman Warehouse. In fact they still owned all the Retail property and stores unlike Bass Pro. What would the people in Sidney have to do with the fiduciary duty or a public company to unlock top value for shareholders??? CAB was a publicly traded company, from the date it went public it was always for sale to the highest bidder.

5. The only thing Highby Outdoors has done so far is manufacturer pallets for shipping companies, that's a long ways off from competing.

So from someone that has seen the severance agreement, this is complete BS and the article doesn't even come close to touching on all 8 cylinders to paint a clear picture of what is really going on here.[/QUOTE]

Did you even bother to read the article?


1. The non-compete was signed as part of a severance package those specific people signed.


2. Right to Work has absolutely ZERO to do with starting a business in direct competition with your former employer.
  #13  
Old 09-25-2018, 12:30 PM
Moff Moff is offline
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I guess I am in the other boat. I think the shysters are the ones that left. Cabela's created the culture of everyone having a manager title with no direct reports. Cabela's created an entire HR department in each store, the amount of overhead was mind boggling. Cabela's OK'd the latest CEO, Cabela's board OK'd the creation of the amount of debt, Cabela's OK'd the sale of the company. Cabela's OK'd for Tommy Milner's achievement bonuses be lowered mid year so he could get his millions in bonuses.



Yep, good riddance.

Last edited by Moff; 09-25-2018 at 12:33 PM.
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  #14  
Old 09-25-2018, 12:54 PM
SilentSam
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[QUOTE=CEUL;6248838]Did you even bother to read the article?


1. The non-compete was signed as part of a severance package those specific people signed.


2. Right to Work has absolutely ZERO to do with starting a business in direct competition with your former employer.[/QUOTE]

I didn't need to read an article, I was there!!! Were you???

I sat in a large room of people most on the brink of tears for watching a brand they loved and wore on their sleeve be swallowed up so Tommy Millner and the band could ride the cash cow out the door.

The question was asked multiple times and the answer remained the same. The proposed $20k severance or $40k early retirement supersedes the previous agreements with Cabela's. Employees are allowed to seek employment at any of the competitors that were previously listed in on NC contracts and the NCA is Nullified.

I don't think some of you commenting grasp the reality of this, Sidney is only 6k people. 2100 used to be employed at Cabela's Corp. Now that's more like 300.

At least this news source has all the defense's arguments attached in PDF.

[url]https://www.omaha.com/highby-response/pdf_77858c41-ecb4-5f6b-82e1-2f39c2b77a38.html[/url]


[url]https://bloximages.newyork1.vip.townnews.com/omaha.com/content/tncms/assets/v3/editorial/f/22/f22db4c3-cbc2-5db3-9076-02905367185d/5ba6460f87968.pdf.pdf[/url]

And to the Jerk that thinks this is to blame on the people that left. Most of us never had a choice or were even interviewed to go to Springfield. You either signed for severance (showing a voluntary exit on BP's part) or you got terminated giving you no severance ($20K). What would you do?? Knowing that your home value is now next to nothing considering 30% of you town is going to be unemployed?? I hope you never have to go through something like that but making statements like you have makes me think otherwise.
  #15  
Old 09-25-2018, 01:01 PM
ChrisHanson ChrisHanson is offline
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Join Date: Sep 2018
Location: Wyoming
Posts: 9
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[QUOTE=Moff;6248844]I guess I am in the other boat. I think the shysters are the ones that left. Cabela's created the culture of everyone having a manager title with no direct reports. Cabela's created an entire HR department in each store, the amount of overhead was mind boggling. Cabela's OK'd the latest CEO, Cabela's board OK'd the creation of the amount of debt, Cabela's OK'd the sale of the company. Cabela's OK'd for Tommy Milner's achievement bonuses be lowered mid year so he could get his millions in bonuses.



Yep, good riddance.[/QUOTE]

I can agree with you on one part of this, I'm not backing the execs of this at all. They drove Cabela's into the ground after the passing of Dick.

But I don't think you should be labeling "people that left" my friends didn't get a choice on staying, moving, or going. Infact the one didn't even get severance as she didn't sign the proposed voluntary exit package in hopes they would keep her. As of May 11th they didn't.

So ill stick to avoiding the "shysters" with the big green carp on the door.
  #16  
Old 09-25-2018, 01:08 PM
CEUL
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Posts: n/a
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[QUOTE=SilentSam;6248846]I didn't need to read an article, I was there!!! Were you???

I sat in a large room of people most on the brink of tears for watching a brand they loved and wore on their sleeve be swallowed up so Tommy Millner and the band could ride the cash cow out the door.

The question was asked multiple times and the answer remained the same. The proposed $20k severance or $40k early retirement supersedes the previous agreements with Cabela's. Employees are allowed to seek employment at any of the competitors that were previously listed in on NC contracts and the NCA is Nullified.

I don't think some of you commenting grasp the reality of this, Sidney is only 6k people. 2100 used to be employed at Cabela's Corp. Now that's more like 300.

At least this news source has all the defense's arguments attached in PDF.

[url]https://www.omaha.com/highby-response/pdf_77858c41-ecb4-5f6b-82e1-2f39c2b77a38.html[/url]


[url]https://bloximages.newyork1.vip.townnews.com/omaha.com/content/tncms/assets/v3/editorial/f/22/f22db4c3-cbc2-5db3-9076-02905367185d/5ba6460f87968.pdf.pdf[/url]

And to the Jerk that thinks this is to blame on the people that left. Most of us never had a choice or were even interviewed to go to Springfield. You either signed for severance (showing a voluntary exit on BP's part) or you got terminated giving you no severance ($20K). What would you do?? Knowing that your home value is now next to nothing considering 30% of you town is going to be unemployed?? I hope you never have to go through something like that but making statements like you have makes me think otherwise.[/QUOTE]


You're not grasping the fact that going to work for the competition and starting you own business in direct competition are two totally different things. The lawsuit is not about going to work for the competition, it's for becoming the competition by opening their own business.
  #17  
Old 09-25-2018, 01:22 PM
SilentSam
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Default Huh?

[QUOTE=CEUL;6248854]You're not grasping the fact that going to work for the competition and starting you own business in direct competition are two totally different things. The lawsuit is not about going to work for the competition, it's for becoming the competition by opening their own business.[/QUOTE]

No you're not grasping the fact that everyone was told the Non compete agreement is void from senior management level down.... End of discussion. I can compete with them however I'd like. Rather that be with Gander Mountain or buy my own bait & tackle shop by the lake.

Please explain to me your thought process on the differences from a Manager leaving Cabela's and going to work for say Scheels vs. a manager buying a bait and tackle shop by the lake and selling rapala and fenwick rods?

Which one would have a greater risk in using trade former cabelas's secrets? Guy with start up tackle shop??? Or NEW Manager of Guns for Scheels / former manager of Guns for cabela's??

I am thinking your arguing just to argue about a situation you don't have the slightest clue about.
  #18  
Old 09-25-2018, 02:31 PM
CEUL
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[QUOTE=SilentSam;6248858]No you're not grasping the fact that everyone was told the Non compete agreement is void from senior management level down.... End of discussion. I can compete with them however I'd like. Rather that be with Gander Mountain or buy my own bait & tackle shop by the lake.

Please explain to me your thought process on the differences from a Manager leaving Cabela's and going to work for say Scheels vs. a manager buying a bait and tackle shop by the lake and selling rapala and fenwick rods?

Which one would have a greater risk in using trade former cabelas's secrets? Guy with start up tackle shop??? Or NEW Manager of Guns for Scheels / former manager of Guns for cabela's??

I am thinking your arguing just to argue about a situation you don't have the slightest clue about.[/QUOTE]


Read the article. Those two signed a PMA and non-compete on the way out the door for their severance that included stock and other money. Not everyone signs the same agreements on the way out the door, no matter what they told you. My NDA/PMA and non-compete working as a chemist is different than our sale's people's, and different from top management. Just the way it works in most cases.

There is also a link to the lawsuit document filed in the link, so you might want to read that also to get your facts straight and not make emotional assumptions.
[url]http://www.ksidradio.com/news/details.cfm?clientid=37&id=272084#.W6qY5vZFxjp[/url]

As far as your question, I'd say someone who starts their own business is more of a threat. They have total control and say in the business and not bound by other's decisions, including the legal department's. I know you're mad and I probably would be too, but don't let that cloud reality, facts, and common sense.

Last edited by Juls; 09-26-2018 at 04:17 AM. Reason: keep it civil
  #19  
Old 09-25-2018, 03:53 PM
06x6spdGTO 06x6spdGTO is offline
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Join Date: Dec 2012
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[QUOTE=CEUL;6248884][QUOTE=SilentSam;6248858]No you're not grasping the fact that everyone was told the Non compete agreement is void from senior management level down.... End of discussion. I can compete with them however I'd like. Rather that be with Gander Mountain or buy my own bait & tackle shop by the lake.

Please explain to me your thought process on the differences from a Manager leaving Cabela's and going to work for say Scheels vs. a manager buying a bait and tackle shop by the lake and selling rapala and fenwick rods?

Which one would have a greater risk in using trade former cabelas's secrets? Guy with start up tackle shop??? Or NEW Manager of Guns for Scheels / former manager of Guns for cabela's??

I am thinking your arguing just to argue about a situation you don't have the slightest clue about.[/QUOTE]


Read the article. Those two signed a PMA and non-compete on the way out the door for their severance that included stock and other money. Not everyone signs the same agreements on the way out the door, no matter what they told you. My NDA/PMA and non-compete working as a chemist is different than our sale's people's, and different from top management. Just the way it works in most cases.

There is also a link to the lawsuit document filed in the link, so you might want to read that also to get your facts straight and not make emotional assumptions.
[url]http://www.ksidradio.com/news/details.cfm?clientid=37&id=272084#.W6qY5vZFxjp[/url]

As far as your question, I'd say someone who starts their own business is more of a threat. They have total control and say in the business and not bound by other's decisions, including the legal department's. I know you're mad and I probably would be too, but don't let that cloud reality, facts, and common sense.[/QUOTE]

Tying shoes vs slip on work boots are different because ..... it’s your feet.

I don’t see any facts in any of it, they are called “allegations”. But maybe your the type of guy that only watches CNN and believes their “facts” too

Last edited by Juls; 09-26-2018 at 04:18 AM. Reason: keep it civil
  #20  
Old 09-25-2018, 04:27 PM
Aspencreek Aspencreek is offline
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Location: Madison WI
Posts: 2,065
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This should be interesting going forward...

Custom.....don't believe everything you read, just because they print it doesn't make it FACT. And in "right -to -work states, non compete clauses have to be focused and specific. My BIL just won a non-compete clause BECAUSE it was too general and non-specific. Now people are fleeing that company like rats from a sinking ship, when before they were afraid of the non-compete clause.

The truth will win out, and I'm rooting for the little guy.

BTW......Custom, read down the comments in the article you referenced, when you get to the ones about non-competes in Nebraska take special note.

Last edited by Aspencreek; 09-25-2018 at 04:37 PM.
 

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