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Old 09-30-2011, 12:44 PM   #1
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Default Anchor responds

http://beernews.org/2011/09/anchor-brewing-issues-public-statement-in-response-to-boston-beer-co-lawsuit/?utm_source=feedburner&utm_medium=email&utm_campai gn=Feed%3A+beerpulse+%28Beernews.org+%C2%BB+The+Cr aft+Beer+News+Leader%29

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Not surprisingly, Anchor finds it ironic that Boston Beer feels their training is so special and unique. We think they must have short memories of the time they spent here at Anchor gaining first-hand knowledge of how craft beer was working.


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Old 09-30-2011, 12:56 PM   #2
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This is why I have no desire to "Go Pro". Brewing is no longer fun. It is a business.



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Old 09-30-2011, 12:58 PM   #3
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Can't read the link at work for some reason, but from what I understand, an employee signed a non-disclosure agreement of some sort, and then after leaving Boston Beer Co., he was hired by Anchor.

From a business standpoint, I see absolutely nothing wrong with this lawsuit. Yes, many can argue that Boston Beer Co. should lighten up and help out fellow brewers for the greater good, or that they're just trying to strong arm everyone thinking they're the know-all be-all of home brewing and have forgotten where they've come from. However, regardless of that, it's actually a very black and white issue. Did the employee sign a non-disclosure agreement while employed at Boston Beer Co.? If yes, then he breached that contract and by law, Boston Beer Co. has every right to sue.

The argument should not be about the lawsuit, it should be about signing non-disclosure agreements to begin with, if you want to argue to principles behind it.


BTW, if this is not even close to what the article is about, please let me know so I can delete this post and stop embarrassing myself. Thanks lol.

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Old 09-30-2011, 12:59 PM   #4
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Quote:
Originally Posted by j1laskey View Post
This is why I have no desire to "Go Pro". Brewing is no longer fun. It is a business.
This.
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Old 09-30-2011, 01:01 PM   #5
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US law is clearly different to SA law but how is it possible that Boston can sue Anchor for a contract breached by an employee ? The contract wasn't signed by Anchor.

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Old 09-30-2011, 01:06 PM   #6
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Quote:
Originally Posted by Bru View Post
US law is clearly different to SA law but how is it possible that Boston can sue Anchor for a contract breached by an employee ? The contract wasn't signed by Anchor.
I can't get into specifics since I'm not a lawyer, but I am familiar with some similar situations in my field. I know they can sue the actual ex-employee... not sure about the specifics about being able to sue Anchor as well, however.
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Old 09-30-2011, 01:07 PM   #7
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Quote:
Originally Posted by xjmox14x View Post
Did the employee sign a non-disclosure agreement while employed at Boston Beer Co.? If yes, then he breached that contract and by law, Boston Beer Co. has every right to sue.

The argument should not be about the lawsuit, it should be about signing non-disclosure agreements to begin with, if you want to argue to principles behind it.
I think it was a non-compete clause, not a non-disclosure clause: http://www.bizjournals.com/boston/news/2011/09/27/boston-beer-sues-rival-over-employee.html

According to this article, such clauses are hard to enforce. However, it wouldn't be good for Boston Beer if they didn't try to enforce the contracts that they sign.
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Old 09-30-2011, 01:17 PM   #8
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And some folks on here are shocked to find out that the craft beer industry can be just as "nasty" and cut throat as the "evil empire" that is BMC.


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Originally Posted by j1laskey View Post
This is why I have no desire to "Go Pro". Brewing is no longer fun. It is a business.
THIS!!! + 1,000

I ruined a vocation (ministry) by "going pro"...I can relate.

Let me see, If I want to brew beer,

1) I can brew what I want, when I want to, and with what ingredients I want to.
2) I can go off script (off recipe) and toss in whatever crap I want to without worrying about sales figures and marketing plans.
3) I can sleep in, get started around 10 am, have the football game on and get totally pi$$ed if I want, and if I forget a hop addition I haven't cost the company several million dollars.
4) I don't have to start at the crack of dawn, wear waders and much out several thousand pounds of stinky grain from yesterdays brew session before I can get started dumping in several thousand pounds of more grain into the tun.
5) I can hang out with a bunch of friends all day in the beautiful outdoors standing around our turkey fryers breathing fresh air instead of being stuck in a hot factory all day (Because a commercial brewery is STILL just a glorified factory.)
6)I don't have to deal with supervisors, pencil necked geeks in accounting, marketing wonks, and anyone else that might annoy me.
7) I get to say proudly that my HOBBY is HOMEBREWING, instead of saying "I work in a brewery, but my hobby/passion is.......(Something other than brewing...)
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Old 09-30-2011, 01:18 PM   #9
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Based on a little knowledge, if a non-compete goes to court, the employer must prove that the employee has the potential to damage business by working for a "competitor." Based on the last few Sam's I've had, Jim and his boys may want to spend a little more time in Quality Control and less time in court - they're damaging their own brand more than this guy.

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Old 09-30-2011, 01:19 PM   #10
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Did you notice that the employee is a 25 year old salesman?



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