WDI Layoffs

danv3

Well-Known Member
Disney can force folks to sign agreements in FL, but it gets pretty silly pretty quickly if they try to enforce them. As long as the employee informs Uni of the Non-Compete and Uni is willing to go Lawyer to Lawyer if anything comes up, you end up with a stalemate and everyone just moves on. I think the only real danger is if you share NDA-level information while also under a non-compete and could get yourself in trouble.

Well it's true that Disney might choose not to pursue enforcement of its non-competes in some contexts, if they wanted to be hard about it, the fact that Universal paid for the employee's lawyer to fight wouldn't preclude Disney from getting an injunction (assuming an enforceable agreement). Of course violation of non-disclosure provisions makes litigation even more likely, but often in these cases the old employer is claiming that by merely being employed by the competitor the employee is highly likely to disclose/use confidential information (i.e., "inevitable disclosure").
 

lazyboy97o

Well-Known Member
So many people are employed per project that you'd cripple the industry if there was widespread use of non-compete agreements. Then there are all of the vendors and other companies which actively work for both. An example would be Morris Architects who worked on Diagon Alley and is still working on Pandora. The animosity perceived by fans just doesn't exist.
 

Rodan75

Well-Known Member
Well it's true that Disney might choose not to pursue enforcement of its non-competes in some contexts, if they wanted to be hard about it, the fact that Universal paid for the employee's lawyer to fight wouldn't preclude Disney from getting an injunction (assuming an enforceable agreement). Of course violation of non-disclosure provisions makes litigation even more likely, but often in these cases the old employer is claiming that by merely being employed by the competitor the employee is highly likely to disclose/use confidential information (i.e., "inevitable disclosure").

The burden of proof, even in FL, that Disney would have to reach is significant. They have to show that preventing the employee from finding new work in the industry would have material impact on Disney's business. The fact that the employee was deemed expendable makes that argument more difficult.

At this point, the non-compete is more of a fear tactic to frighten employees than an actual enforceable document. There are some cases where it would be appropriate to enforce, but those situations are rare.
 

danv3

Well-Known Member
So many people are employed per project that you'd cripple the industry if there was widespread use of non-compete agreements. Then there are all of the vendors and other companies which actively work for both. An example would be Morris Architects who worked on Diagon Alley and is still working on Pandora. The animosity perceived by fans just doesn't exist.

Those architects are independent contractors. A non-compete would be exceedingly rare in that context. These imagineers are employees, so it's at least within the realm of reason that a non-compete would be used.
 

danv3

Well-Known Member
The burden of proof, even in FL, that Disney would have to reach is significant. They have to show that preventing the employee from finding new work in the industry would have material impact on Disney's business. The fact that the employee was deemed expendable makes that argument more difficult.

At this point, the non-compete is more of a fear tactic to frighten employees than an actual enforceable document. There are some cases where it would be appropriate to enforce, but those situations are rare.

I don't think the burden is that high under Florida's statute, which is quite pro-enforcement compared to other states. But, you're right that a termination in a RIF is at least some evidence that the old employer has no legitimate business interest in restricting competition. You're also right that non-competes are often used to instill fear, but that doesn't necessarily mean that their enforcement is rare.

Of course this is all hypothetical...Disney doesn't appear to use non-competes with its imagineers.
 

lazyboy97o

Well-Known Member
Those architects are independent contractors. A non-compete would be exceedingly rare in that context. These imagineers are employees, so it's at least within the realm of reason that a non-compete would be used.
Yes, but they show the pointlessness of even having non-compete clauses. Third-party vendors who work with everyone are intimately involved throughout the entire process. Why is it so important to keep Employee A locked out when Company B knows everything and more?
 

ford91exploder

Resident Curmudgeon
Yes, but they show the pointlessness of even having non-compete clauses. Third-party vendors who work with everyone are intimately involved throughout the entire process. Why is it so important to keep Employee A locked out when Company B knows everything and more?

To limit employee mobility,
 

Mike S

Well-Known Member
Disney (Weis) had tried to approach Shanghai Disney Resort in a manner more typical of Universal Creative. Trying to avoid some of those problems Universal Creative is going to take a more hands-on, Disney style approach to Universal Studios Beijing. The third Orlando park is not that far along.
Yeah. I remember @WDW1974 said the earliest we would see the third park is around 2022-23. Not that far off but also not right around the corner. If Uni does go hiring it'll be for other upcoming projects and/or Beijing.
 

Quinnmac000

Well-Known Member
Yea, no. At the Conference Call last week, UNIversal Beijing is fully designed already.

Universal Studios Beijing to open in 2020. All attractions are already designed and laid out. They have been working on this park for 12 years.

So if anything, these hires are for the third park and future expansions that Uni is poaching.
 

Mike S

Well-Known Member
Yea, no. At the Conference Call last week, UNIversal Beijing is fully designed already.

Universal Studios Beijing to open in 2020. All attractions are already designed and laid out. They have been working on this park for 12 years.

So if anything, these hires are for the third park and future expansions that Uni is poaching.
Aren't they reorganizing parts of Hollywood's back lot for even more theme park use? There's a lot going on at Uni other than Beijing.
 

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