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hard_ Posted on 25/04/2018 16:33
Edited On: 25/04/2018 16:35Boro Suing Birmingham For Poaching.
 
 
Boro are suing Birmingham City and four members of Garry Monk's coaching team.


Link: Suing
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FullTiltTraore Posted on 25/04/2018 16:34

Boro Suing Birmingham For Poaching.

 
If it's in their contract we have every right to defend our internal information. Any other company would surely!
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1finny Posted on 25/04/2018 16:39

Boro Suing Birmingham For Poaching.

 
Itís petty and, I hope will get dismissed out of hand for preventing people getting a job elsewhere.

Why on earth are we worried about what Birmingham City might know about our team[?]

Players come and go all the time - they have the same info. Monk has been gone for almost half a season - we have moved on.
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Kezzy1876 Posted on 25/04/2018 16:41

Boro Suing Birmingham For Poaching.

 
'Gives them a competitive edge over us' made me laugh that, if anything given our scouting team it will put them in further XXXXXX! [:D]
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Chappy112 Posted on 25/04/2018 16:41

Boro Suing Birmingham For Poaching.

 
Seems incredibly childish to me but I guess if it's in their contracts then we have a right to do it.
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clay_davis Posted on 25/04/2018 16:43

Boro Suing Birmingham For Poaching.

 
It'll be interesting to see how this plays out. I've got a non-compete clause in my employment contract, but I've been told by a couple of lawyers that they're pretty much unenforceable.
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vuvuzelas Posted on 25/04/2018 16:44

Boro Suing Birmingham For Poaching.

 
Garry Monk didnt have a clue what his best team or formation was when he was here.
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Caesium137 Posted on 25/04/2018 16:47

Boro Suing Birmingham For Poaching.

 
I assume it will be something to do with money.
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1finny Posted on 25/04/2018 16:48

Boro Suing Birmingham For Poaching.

 
Clay
Spot on fella - people leave jobs every week with non compete clauses and end up in competing businesses.
Largely because it is pointless going to court because the courts are likely to say you have no rights to restrict where someone works.

There is also a PR issue - do you really want to work for a business that will come after you if you leave.

I canít recall another footy club doing this and, I suspect, most have standard contracts.
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EpiphanyProudfoot Posted on 25/04/2018 16:49

Boro Suing Birmingham For Poaching.

 
I wonder who can rattle off the loudest farts in the dressing room?
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RC92 Posted on 25/04/2018 16:50

Boro Suing Birmingham For Poaching.

 
"Their knowledge of Ďconfidential informationí includes transfer targets and strategy, player wages and weaknesses, Boroís lawyers say."
-----

Birmingham will not be rivalling us over any of those points any time soon.

It does make me laugh on their SHA forum that they think the only decent players we have are Traore and Assombalonga. [cr]
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edinboro Posted on 25/04/2018 16:52

Boro Suing Birmingham For Poaching.

 
I suspect there is something we donít know. Such as some tapping up going on. Which Gibson will not like one bit. Thereís an indication that some players are loyal to or favoured by Monk et al. This will be to prevent poaching in the summer.
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uncle_rico Posted on 25/04/2018 16:53

Boro Suing Birmingham For Poaching.

 
There is potential that a number of our young players could be poached with offers of bigger money. That could have a long term impact for us financially. We have every right to defend that. Birmingham have hired the four coaches who have all breached the terms of their agreements with MFC. Should we just ignore that? Good on us for standing up to them.
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dragged_up_in_whinneybanks Posted on 25/04/2018 16:55

Boro Suing Birmingham For Poaching.

 
Sue their asses
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GraftLikeNegredo Posted on 25/04/2018 16:58

Boro Suing Birmingham For Poaching.

 
They've tried to poach George Miller apparently, someone else as well but not sure who.
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1finny Posted on 25/04/2018 16:59

Boro Suing Birmingham For Poaching.

 
Standing up to them[?]
Really.
And, what about those young players - havenít they a right to be offered more money elsewhere.

By the way - Iíd love to know who these young players are that are so hidden that no other scout would spot them.
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Block21 Posted on 25/04/2018 17:01

Boro Suing Birmingham For Poaching.

 
I reckon Tav GLN Monk loved him.
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littledick Posted on 25/04/2018 17:12

Boro Suing Birmingham For Poaching.

 
Agnew will have 'taken' the same info to Villa then ?
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wombledon Posted on 25/04/2018 17:16

Boro Suing Birmingham For Poaching.

 
We would quite happily sell Birmingham some of Monks signings if they so wish.

Fletcher for £6.5m should get things started.
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UpTheBoro70 Posted on 25/04/2018 17:27

Boro Suing Birmingham For Poaching.

 
maybe something like this was why agmew had to go on gardening leave for a while before being allowed to join another club?
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NYboro Posted on 25/04/2018 17:34

Boro Suing Birmingham For Poaching.

 
> maybe something like this was why agmew had to go on gardening leave for a while before being allowed to join another club?

I think that's it - they were being paid and quit to go and join Monk.
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Zoophonic Posted on 25/04/2018 17:47

Boro Suing Birmingham For Poaching.

 
Restrictive covenants are enforceable although it is recognised that they must be able to show that they are reasonable and necessary to protect legitimate business interests of a duration no longer than is necessary to protect those interests. Iyou canít deny an employee the right to work in a specific industry or profession. For example, an employment contract that imposes an absolute ban on a person working for a direct competitor, even for a short period of time, is unlikely to be enforced. So if they are suing the team for joining up
It may fail.

Does seem petty to me but I am certain we are not party to all the facts.
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uncle_rico Posted on 25/04/2018 18:05

Boro Suing Birmingham For Poaching.

 
ďAnd, what about those young players - havenít they a right to be offered more money elsewhere.Ē

Yes they do, but there are processes in place whereby a club can approach another club through the proper channels. Poaching and using inside information is not the way. Not sure why thatís hard to understand. Itís been in place for many years. Or is it more that you just like to criticise the club for everything they do, when none of us know the full facts?
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FatalEmission Posted on 25/04/2018 18:11

Boro Suing Birmingham For Poaching.

 
Surely if their resignation was accepted that releases them from their contract terms?
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1finny Posted on 25/04/2018 18:20

Boro Suing Birmingham For Poaching.

 
Come on Rico
Iím not wanting to criticise the club for criticising sake.
Iíve been involved in the restrictive covenant arena for many years and always taken the view of Ďwhatís the pointí.

I canít see one in this instance - and you are right I donít know all the facts.
I would add if none of us could comment on things without knowing all the facts this message board would be bereft of threads.

You can see a reason for enforcing the restrictive covenant despite not knowing all the facts - thatís fair enough as far as Iím concerned.

Agree to disagree and all that
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parmoboy Posted on 25/04/2018 18:22

Boro Suing Birmingham For Poaching.

 
Monk tapped up George Miller. I wonder if this has prompted the club to take action.
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Corcaigh_the_Cat Posted on 25/04/2018 18:41

Boro Suing Birmingham For Poaching.

 
Very petty of the club.
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emerson_ave Posted on 25/04/2018 18:56

Boro Suing Birmingham For Poaching.

 
I have some practical knowledge of the application of the law in this area and litigation in relation to it. Others have explained the law above.
One thought that occurs to me is that taking a hard line in these cases might also serve to emphasise that a similar line would be taken in the future should any current employee be tempted by an offer from another club which leads to him breaching his contract.
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Jonny_Rondos_Disco_pants Posted on 25/04/2018 18:56

Boro Suing Birmingham For Poaching.

 
If the staff were being paid severance money until a certain date then I think they are within their rights.
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1finny Posted on 25/04/2018 19:00

Boro Suing Birmingham For Poaching.

 
I donít think there is any question the club are in their Ďrightsí

Itís a question of Ďwhatís the pointí
As ever there are different albeit valid views on either side of the debate
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Jan_Aage_Fjortoft Posted on 25/04/2018 19:09

Boro Suing Birmingham For Poaching.

 
If it's true that youth / younger players are being lined up for moves to Birmingham then I'd guess that is the main reason behind the action. Create a scenario which puts Brum off from going any further because it would lead to a potential legal headache with us sowing the seeds for that case now.

Otherwise as said - it just seems rather petty considering how often it seems to happen in football.
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Corcaigh_the_Cat Posted on 25/04/2018 19:14

Boro Suing Birmingham For Poaching.

 
The youngsters can only sign if their contracts are up, surely?
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emerson_ave Posted on 25/04/2018 19:16

Boro Suing Birmingham For Poaching.

 
Employees are usually put on gardening leave for the period of their notice when they make the decision to leave rather than in circumstances, as I assume to be the case, where their services are no longer required as the current manager didn't want them. My advice to various of my employers usually started with 'what's the point?'
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gallivant Posted on 25/04/2018 20:07

Boro Suing Birmingham For Poaching.

 
Every one on here and Rob should be careful about not falling fowl of sub judice?
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emerson_ave Posted on 25/04/2018 20:14

Boro Suing Birmingham For Poaching.

 
'Every one on here and Rob should be careful about not falling fowl of sub judice?'

Can't see anything that has been written so far which would concern the court.
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mwelolo Posted on 25/04/2018 20:22

Boro Suing Birmingham For Poaching.

 
Seems a bit pathetic to me.
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1finny Posted on 25/04/2018 20:23

Boro Suing Birmingham For Poaching.

 
Thatís because there is nothing to see [;)]
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gallivant Posted on 25/04/2018 20:34

Boro Suing Birmingham For Poaching.

 
Sub judice calls for anything under judicial consideration to be prohibited from public discussion. Sorry if that is too difficult from some of you knob heads to comprehend.
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Corcaigh_the_Cat Posted on 25/04/2018 20:42

Boro Suing Birmingham For Poaching.

 
[:D]

Legal expert on the board. You surprised me there gallivant.
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1finny Posted on 25/04/2018 20:43

Boro Suing Birmingham For Poaching.

 
Gallivant [:D][:D]
Right up your own asre on this fella
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Boro_Legend Posted on 25/04/2018 20:47

Boro Suing Birmingham For Poaching.

 
It'll be interesting to see how this plays out.
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PULLISER_PRIZE Posted on 25/04/2018 23:38

Boro Suing Birmingham For Poaching.

 
THE PRIZE GUY SAYS....

GIBBO IS AN IDIOT. 3 POINTS CRAP MANAGERS, BANNING THE LOCAL PAPER AND NOW THIS. TORY CLOWN.

PRIZE GUY STOPS YOU IN YOUR TRACKS
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coluka Posted on 25/04/2018 23:49

Boro Suing Birmingham For Poaching.

 
Boro have every right to defend their corner and nforce the spirit and context of a contract, fair play.

However, I can see this being a case that could well be lost. It is a case that could well change the football landscape for sure, if we lose as I think we might.

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7_The_Informer Posted on 26/04/2018 04:23

Boro Suing Birmingham For Poaching.

 
It's interesting. Initially I laughed at it but the more I think about it, the more I think the club are right.

I have a 12 month non-compete in my job. These are enforceable in New York as long as they aren't too restrictive. For me, I could get another tech job in a different industry if I wanted so it would be fairly straight forward to show that it is not a restraint of trade. I was recently tapped up by one of our direct competitors who wanted me to lead some projects that would be their version of what my team are working on in my company, something which we think gives us a competitive edge. I didn't pursue it because of that non-compete as I'm sure my current company wouldn't have liked it.

However, with these footy coaches, they don't really have much elsewhere to go so I would have thought that a non-compete would be a restraint of trade and we would lose. I'm not a legal expert though so it will be interesting to see what happens.
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Paul33 Posted on 26/04/2018 05:03

Boro Suing Birmingham For Poaching.

 
I think it's a warning shot to both Birmingham and our younger players - I think it won't get to court but just make Bham change their targets which is the interest Boro are defending.

What I don't understand about this is the line stating that they area aware of certain players weaknesses - I'm not sure they can use that information to their advantage - unless they were to put off potential suitors from other clubs by saying don't sign him he's gash and here are the stats to prove it [^][:(!]
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hicktonpen10 Posted on 26/04/2018 07:52

Boro Suing Birmingham For Poaching.

 
I have to say that I really cannot see the point of this litigation. I understand the legal basis for it but really are we so insecure that we see Brum as a threat. I cannot believe TP transfer targets would be the same ones GM identified. TP proper manager. Where are all these young players we are so desperate to protect-George Miller-no way.

I suspect this has become personal between Gibson and Monk and his cronies but await the outcome with interest.
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foomanboro Posted on 26/04/2018 09:53

Boro Suing Birmingham For Poaching.

 
Iím not sure this is a good use of Boros resources at all. Why the hell are we getting into a protracted legal battle with a team that we may not even be in the same division as next season?

Completely unnecessary
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mendieta420 Posted on 26/04/2018 10:12

Boro Suing Birmingham For Poaching.

 
Gibson must really hate Monk.. It makes me wonder what actually happened.. Maybe the Swansea rumours were true after-all.
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hicktonpen10 Posted on 26/04/2018 11:03

Boro Suing Birmingham For Poaching.

 
As a lawyer this has all the hallmarks of a messy divorce where both sides are acting completely irrationally.
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TeesvilleMonsoon Posted on 26/04/2018 11:19

Boro Suing Birmingham For Poaching.

 
Defo more to that sacking than results
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dragged_up_in_whinneybanks Posted on 26/04/2018 11:25

Boro Suing Birmingham For Poaching.

 
I don't think Gibbo hates Monk. He just discovered too late that he was useless and that he had spunked £50m. This was a personal embarrassment for Gibbo and Monk had to be gone. In truth, I think he probably wanted TP in close season, but he wasn't available. Monk seemed to him to be a reasonable alternative - big mistake.
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MightyDuck Posted on 26/04/2018 11:30

Boro Suing Birmingham For Poaching.

 
if any of our players only have aspirations to play for Birmingham, then let them go.
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hopesoboro Posted on 26/04/2018 11:46

Boro Suing Birmingham For Poaching.

 
Why on earth would Boro pursue this without grounds for concern? Mind we all know that FMTTM is the font of all knowledge!
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foomanboro Posted on 26/04/2018 13:13

Boro Suing Birmingham For Poaching.

 
Remember this is the same club and leadership that thought we were within our rights to cancel premiership football match because we thought we couldn't field enough first team players. Rsulting in a 3 point deduction and relegation.

I love Gibbo but he is not infallible. I really don't get the need for this unless you have the money to burn on lawyers.
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rob_fmttm Posted on 26/04/2018 13:30

Boro Suing Birmingham For Poaching.

 
Very interesting isn't it - we don't often seem to lose cases anymore.
The Christian Ziege case although rarely reported (because reporting restrictions were part of the settlement) was fought with a series of legal battles going against Liverpool culminating in a very considerable out of court settlement to Boro. Multi million pounds presumably.
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JLinardi Posted on 26/04/2018 13:41

Boro Suing Birmingham For Poaching.

 
"

I have to say that I really cannot see the point of this litigation. I understand the legal basis for it but really are we so insecure that we see Brum as a threat. I cannot believe TP transfer targets would be the same ones GM identified. TP proper manager. Where are all these young players we are so desperate to protect-George Miller-no way."


Surely this whole case finally does away with the myth that transfer targets are manager specific? GM didn't (in the main) identify targets and neither does pulis. They chose from a list made by the scouts. The managers probably put forward a few names they like aswell.
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hicktonpen10 Posted on 26/04/2018 13:55

Boro Suing Birmingham For Poaching.

 
Don't disagree with that view in principle but cannot see TP trusting Gary Gill and his staff if they were the ones who identified last summers targets.
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RenzoRosso Posted on 26/04/2018 14:13

Boro Suing Birmingham For Poaching.

 
some of the 'targets' gill et al identified didn't come though
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Stabilo_Boss Posted on 26/04/2018 15:16

Boro Suing Birmingham For Poaching.

 
"I don't think Gibbo hates Monk. He just discovered too late that he was useless and spunked 50m".

If he's so useless, why do we care? If his transfer acumen was so bad, why are we worried he'll steal our targets?
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