[News] Flames and Treliving agree to part ways. Maloney promoted to PoHO and interim GM

[Bonded]

Originally Posted by Torture

It may be SOP but industry wide non-competes are almost never enforced by the courts. You have a right to make a living and seek employment and non-competes trample all over those so your non-compete better be very specific on what's not allowed and should be compensating them for it.

Is an NHL GM a special case? Maybe, but it's an uphill battle and 99% of non-competes aren't worth the paper they're written on.

This isn't a non-compete issue though. He is still on a contract with a specified term. It is the same as someone being on a 12 month fixed term contract and deciding in the 11th month they want to work elsewhere and lets the employer know. Depending on the circumstances the employer can shut off the work but still pay them until the contract is done.

Tre did not want to re-up, is getting paid, and the Flames are making him run out his contract until a significant event passes that could lead to large changes for the Flames roster.

[just_tim]

Originally Posted by Torture

It may be SOP but industry wide non-competes are almost never enforced by the courts. You have a right to make a living and seek employment and non-competes trample all over those so your non-compete better be very specific on what's not allowed and should be compensating them for it.

Is an NHL GM a special case? Maybe, but it's an uphill battle and 99% of non-competes aren't worth the paper they're written on.

You are correct - only to a point. Non-competes in Alberta when an employee works for wages or commissions are unenforceable. Non-competes as a part of a term and/or condition defined contract (employed manager or executive, consulting, business sale, etc.) are highly enforceable. It’s part of the initial negotiation and a tight non-compete can elicit a higher contract value.
Edit: And - as just pointed out above, it’s not a non-compete - it’s a term limited contract and the Flames and Treliving mutually chose to see the contract paid out until the end - most likely to protect draft and other personnel info. I would be very surprised if Treliving has even asked.

[Lanny_McDonald]

Originally Posted by Torture

It may be SOP but industry wide non-competes are almost never enforced by the courts. You have a right to make a living and seek employment and non-competes trample all over those so your non-compete better be very specific on what's not allowed and should be compensating them for it.

You're right, there's normally some type of language in the non-compete that has specifics to restrictions or geographic restrictions, but the intent is still there, especially if you're still being paid.

Is an NHL GM a special case? Maybe, but it's an uphill battle and 99% of non-competes aren't worth the paper they're written on.

I would think they are treated differently because of the type of contract they have and then how small the industry is. I would think they are pretty airtight seeing as we haven't see anyone try and challenge one.

[dustygoon]

Originally Posted by Torture

It may be SOP but industry wide non-competes are almost never enforced by the courts. You have a right to make a living and seek employment and non-competes trample all over those so your non-compete better be very specific on what's not allowed and should be compensating them for it.

Is an NHL GM a special case? Maybe, but it's an uphill battle and 99% of non-competes aren't worth the paper they're written on.

At employee and management levels that's true. But if you are a senior exec or partner and you leave? Then non-competes hold. There are specific laws allowing enforceability (at least in California).

I only say this because it makes sense...ya there is a right to make a living, but the loss of a key person can effect the viability of the business.

[CroFlames]

Originally Posted by Lanny_McDonald

You're right, there's normally some type of language in the non-compete that has specifics to restrictions or geographic restrictions, but the intent is still there, especially if you're still being paid.



I would think they are treated differently because of the type of contract they have and then how small the industry is. I would think they are pretty airtight seeing as we haven't see anyone try and challenge one.

Why would he challenge it anyway? He's getting paid to take a 3 month vacation.

Of the open GM jobs right now, are any one of them absolutely rushing to hire Brad? If they were, the hiring club, the Flames & Brad could probably work out a deal - or just do the simple thing and wait till July 1.

[Fuzzy14]

As stated above by another poster, this is not a non-competition issue (any more than a person under a contract with Company A cannot work for Company B). We aren't talking about a post-term non-compete. This is a scenario where an individual is under contract but not being obligated to perform his duties under that contract for whatever reason (in this case, by mutual agreement?). That is not a complete waiver of the employer's rights under the contract, and they are welcome to enforce the balance of their rights as they see fit.

[jayswin]

Originally Posted by just_tim

You are correct - only to a point. Non-competes in Alberta when an employee works for wages or commissions are unenforceable. Non-competes as a part of a term and/or condition defined contract (employed manager or executive, consulting, business sale, etc.) are highly enforceable. It’s part of the initial negotiation and a tight non-compete can elicit a higher contract value.
Edit: And - as just pointed out above, it’s not a non-compete - it’s a term limited contract and the Flames and Treliving mutually chose to see the contract paid out until the end - most likely to protect draft and other personnel info. I would be very surprised if Treliving has even asked.

This is it for me. I believe Seravalli knows that Brad understands that he can't be a part of the upcoming draft with his knowledge of the Flames intentions and info, and was likely not even interested in getting back in that quickly, anyways.

So that means that Seravalli took the legal end of Treliving's contract and decided to put it to words on twitter to flare up the fan base on a slow Friday. He's milking the Flames struggles and drama for all it's worth this off season.

[GioforPM]

Originally Posted by jayswin

This is it for me. I believe Seravalli knows that Brad understands that he can't be a part of the upcoming draft with his knowledge of the Flames intentions and info, and was likely not even interested in getting back in that quickly, anyways.

So that means that Seravalli took the legal end of Treliving's contract and decided to put it to words on twitter to flare up the fan base on a slow Friday. He's milking the Flames struggles and drama for all it's worth this off season.

Yeah, I mean, it was similar when Treliving was hired by the Flames - his involvement in the draft was limited IIRC.

[IamNotKenKing]

Originally Posted by just_tim

You are correct - only to a point. Non-competes in Alberta when an employee works for wages or commissions are unenforceable. Non-competes as a part of a term and/or condition defined contract (employed manager or executive, consulting, business sale, etc.) are highly enforceable. It’s part of the initial negotiation and a tight non-compete can elicit a higher contract value.
Edit: And - as just pointed out above, it’s not a non-compete - it’s a term limited contract and the Flames and Treliving mutually chose to see the contract paid out until the end - most likely to protect draft and other personnel info. I would be very surprised if Treliving has even asked.

The bolded is not correct as an absolute.
Non-comps. for wage earning employees can be enforceable in certain circumstances, and no one should ever assume they are not without having them reviewed.

Also, the key in this situation, as mentioned above and repeatedly, is this is simply continuing and finishing an existing term contract, which would likely be upheld.

[FlamesAddiction]

Originally Posted by jayswin

This is it for me. I believe Seravalli knows that Brad understands that he can't be a part of the upcoming draft with his knowledge of the Flames intentions and info, and was likely not even interested in getting back in that quickly, anyways.

So that means that Seravalli took the legal end of Treliving's contract and decided to put it to words on twitter to flare up the fan base on a slow Friday. He's milking the Flames struggles and drama for all it's worth this off season.

Yeah, Seravalli loves to stir the pot with the Flames. Unless Treliving or another party has actually approached the Flames looking for permission and it was declined without conditions, this is a non-story.

The Flames would be well within their rights to restrict who someone contracted to the team can talk to, or lay out what the stipulations or compensation should be if they allow it. If no one has actually asked or offered to negotiate a release from the contract, what's the point of bringing this up other than to create a stir? It's a standard agreement.

If Seravalli has more information, then he should present it.

[sureLoss]

Maloney giving a hint of what he wants for the future:

https://calgarysun.com/sports/hockey...ckey-ops-staff

“And I think, as a team, you need more scoring,” he continued, perhaps offering a hint of what he views as a shortcoming of the current cast in Calgary. “You need to have scoring now. I don’t believe you can try to play that 2-1, 3-2 shutdown game all the time anymore. Because there’s so much scoring. There’s so much talent in the league. There’s so many power-plays now. You look at the save percentages, they’ve all come down. So as much as you want to grind it out, I think through 82 games, you need to have enough scoring and talent to get you there.”

Also trying to keep hands off team until a new GM is named:

While it’s been whisper-quiet from the Saddledome, the new president of hockey ops has indicated that the ideal scenario would be to hire a GM before the Flames’ amateur scouting meetings later this month. He did sign Walker Duehr to a two-year contract extension but would rather leave any roster re-tooling to the incoming hire, whoever that may be.

“I’ve had a lot of teams call just asking, ‘What are you doing? What are you thinking of doing? Here’s what we’d like to do,’” Maloney said. “And I just make note of it and say, ‘Hey, listen, once we get a manager in place, then we’ll have these calls and hopefully we can help each other out.”

[dustygoon]

Originally Posted by sureLoss

Maloney giving a hint of what he wants for the future:

https://calgarysun.com/sports/hockey...ckey-ops-staff



Also trying to keep hands off team until a new GM is named:

Is it strange that Gilbertson put out this article on Maloney then Francis publishes one in the same hour, covering similar stuff?

https://www.sportsnet.ca/nhl/article...-get-that-cup/

[Toonage]

^^ Love that first quote. The complete opposite of how Sutter had the team play.

[sureLoss]

Originally Posted by dustygoon

Is it strange that Gilbertson put out this article on Maloney then Francis publishes one in the same hour, covering similar stuff?

https://www.sportsnet.ca/nhl/article...-get-that-cup/

Not really. Probably had a lot of media requests to interview Maloney, and Peter Hanlon got Maloney to set aside some time to handle them all at once.

[Paulie Walnuts]

Wow that is refreshing to read, seems like Maloney gets it.

Maybe the change in GM is a good thing.

Its a high scoring league and you need to score in all situations to make the playoffs and win in the playoffs.

[nik-]

Maybe the org can finally move on from the 04 run at the top level. It's cast a long shadow.

[Cleveland Steam Whistle]

Originally Posted by Paulie Walnuts

Wow that is refreshing to read, seems like Maloney gets it.

Maybe the change in GM is a good thing.

Its a high scoring league and you need to score in all situations to make the playoffs and win in the playoffs.

I actually like the quote too. I just find it interesting how much we like hearing that. This team, when they were more goal scoring talented (had Johnny, Tkachuk and semi healthy Mony) were god awful when they were playing more offensively minded..

Results got immediately better when they were forced to play the tighter checking games. It will be interesting to see how this goes.

[SuperMatt18]

Originally Posted by Cleveland Steam Whistle

I actually like the quote too. I just find it interesting how much we like hearing that. This team, when they were more goal scoring talented (had Johnny, Tkachuk and semi healthy Mony) were god awful when they were playing more offensively minded..

Results got immediately better when they were forced to play the tighter checking games. It will be interesting to see how this goes.

I don't think he means you get rid of the structure, just that you still need talent to play in a structure and be able to shine a bit.

There was a time when you could have less talent but play so defensively structured that you would win.

That's less the case now. You need to be able to balance skill and offensive within that offensive structure.

[TheIronMaiden]

you'd have to think that interviews are already underway?
No?

[dammage79]

Originally Posted by TheIronMaiden

you'd have to think that interviews are already underway?
No?

Last time I watched Maloney in an interview he was saying he's got things going. I think he's done prelims IIRC. Source: the Flames draft lottery video. I think.