Court rules against Richard Childress Racing in lawsuit

[dpkimmel2001]

Interesting story. I didn't know that RCR was fighting this move. If it was posted, I guess I missed it.

Richard Childress Racing has lost its bid to prevent former team engineer Matt McCall from becoming crew chief for Sprint Cup driver Jamie McMurray.

According to CourthouseNews.com, RCR filed suit last month against McCall in North Carolina Business Court in Davidson County (North Carolina), claiming breach of contract and misappropriation of trade secrets.
On Dec. 3, according to CourthouseNews.com, RCR also sought a temporary restraining order preventing McCall from working for Ganassi or any other competing NASCAR team.

RCR claimed in its filing that even though he was employed as a team engineer, McCall had “routinely performed the tasks of the crew chief (and complained about doing so).”

Having served as team engineer on the No. 31 RCR Chevrolet for both Jeff Burton and, most recently, Ryan Newman, McCall had reportedly sought to become a crew chief in the Sprint Cup Series.

When no position was available with RCR, the organization reportedly offered him a crew chief role with one of its Nationwide Series teams, according to CourthouseNews.com, but McCall resigned from the organization at the end of the 2014 season.

He was hired two days later by Chip Ganassi Racing to serve as McMurray’s new crew chief for 2015.

RCR claimed McCall’s contract included a clause that he could not work for a competitor in a similar capacity for 12 months. RCR further claimed that even though McCall was a team engineer, some of his duties past and present included crew chief-like responsibilities at times.

The North Carolina Business Court ruled against RCR’s claims.

In its Dec. 19 ruling, the Court said:

“Plaintiff has not shown, at this time, a likelihood of success on its claim that by accepting a crew chief position with Ganassi, Defendant has become employed in a ‘capacity identical or similar to that in which he participated while employed by (plaintiff) and therefore as breached the employment contract,” Judge Louis Bledsoe III wrote in the court’s decision.

The Court also found that RCR had not proven that McCall had or would disclose trade secrets to his new employer.


from here

 

[Pete:Team Penske]

Now McCall has to prove his worth. I think he has a decent driver to work with.

 

[dirtguru]

I wish him and Jamie the best. Hope they win many races together.

 

[Pete:Team Penske]

I do to. I like Jamie and he has had a good career considering who he had to drive for.

 

[Dwayne]

I just lost some respect for Richard Childress.

 

[ChexOrWrex]

No wonder Kevin Harvick left.

This guy is a dick.

 

[Kyle18fan]

The RCR stuff was so amazingly fast in 2014, its little wonder Richard wants to keep it all secret

 

[Kyle18fan]

No wonder Kevin Harvick left.

This guy is a dick.

It always killed me seeing Kevin Harvick working for an a hole like Richard ..................................... Kevin being such a nice guy and all

 

[hawg dawg]

rcr trade secrets ? nepotism ?

 

[oldgoat]

If Richard didn't have a contract that in it that an employee couldn't give out info or have a no compete clause has to be dumb. I can't really say that I blame him for fighting it myself. Afterall the guy has info that could hurt him this season.

 

[Pete:Team Penske]

If Richard didn't have a contract that in it that an employee couldn't give out info or have a no compete clause has to be dumb. I can't really say that I blame him for fighting it myself. Afterall the guy has info that could hurt him this season.

The way I understood it, he did have that in his contract but it was only good if the guy went elsewhere as a car chief.
He took a job as a Crew Chief and that wasn't covered.

 

[Revman]

A couple of thoughts for Mr. Childress......1) Do not expect your engineers to do the work of a Crew Chief without paying them for it, and 2) Structure your contract language a little more carefully to protect your intellectual assets assuming that there are some to protect--- 0 wins.

 

[Revman]

No wonder Kevin Harvick left.

This guy is a dick.

Champion Harvick left because he was a dick or Champion Harvick left because Childress is a dick or Champion Harvick left because both he and Childress are dicks. Very complicated as the lines of delineation are very, very thin here.

 

[Revman]

The RCR stuff was so amazingly fast in 2014, its little wonder Richard wants to keep it all secret

Damn strait, and we kicked their asses--- 2 wins to 0.

 

[StandOnIt]

might be some bad blood between Ganassi and Childress. Ganassi bailed away from the Earnhardt deal they were in and went to Hendrick.

 

[Pete:Team Penske]

The man invested more to be able to do more. Good business move IMO.

 

[gone]

If Richard didn't have a contract that in it that an employee couldn't give out info or have a no compete clause has to be dumb. I can't really say that I blame him for fighting it myself. Afterall the guy has info that could hurt him this season.

It's tough to enforce "no compete" clauses, particularly in NC. Courts here are tough on how they're worded, particularly if you don't have a "friend" in the State Legislature.

A coworker went through a similar situation, about ten years ago. The company we worked for included a "no compete" clause in everybody's hire-on paperwork that said we couldn't work for a competitor for six months after we left the company. He got laid off, and about a month later got a job with a company in the same industry but in another town. The first company tried to sue him, but the arbitrator decided that the clause couldn't stop him from obtaining work... if the company wanted that it would have to continue paying him during those six months of unemployment. So the company dropped the case... and rewrote their clause and tried to force the rest of us to sign it. (Which also didn't work because the company offered no benefit in exchange.)

Sounds like Childress had a weak case for several other reasons too... some that already have been commented here, along with decades of talent poaching by teams in NASCAR - including Childress himself.

 

[DanicaFreak]

makes no sense to fight this except maybe some bad personal blood between the two

 

[3wideinturn1]

That's a move that really hurts the RCR organization in the long run. Why would any up and coming engineer want to go work for Childress if he might sue you when you get a better job somewhere else?

Doesn't matter what industry you're in, if you try to hold people back and keep them from advancing their careers; it ends up hurting the company more because the reputation it develops within the circle of people that work in the respective industry. Especially given how small and tight nit the NASCAR community is, I don't think it was wise for RCR to fight this.

 

[3wideinturn1]

In stark contrast look at Hendrick and how classy that organization is. Keith Rodden was an engineer for them and he got the CC job with Ganassi. They let him go pursue his dreams and a year later he's back as a CC for them again. Pretty safe to day McCall will never work for RCR again.

 

[Revman]

In stark contrast look at Hendrick and how classy that organization is. Keith Rodden was an engineer for them and he got the CC job with Ganassi. They let him go pursue his dreams and a year later he's back as a CC for them again. Pretty safe to day McCall will never work for RCR again.

Don't know that I would have played things that way with RCR if I was McCall. With satellite teams now, RCR's influence extends farther than the immediate team. You can be sure that if McCall ever wants to work for RCR or one of those teams, it won't happen. **** must have gone really, really badly there

 

[3wideinturn1]

Don't know that I would have played things that way with RCR if I was McCall. With satellite teams now, RCR's influence extends farther than the immediate team. You can be sure that if McCall ever wants to work for RCR or one of those teams, it won't happen. sh!t must have gone really, really badly there

Right, but do you blame the guy for taking a CC job and trying to further his own career? He's not the guy suing here.

I mean, would you go home and tell your wife and kids that you're not taking the big promotion across the street because your current boss says you can't?

 

[Revman]

Right, but do you blame the guy for taking a CC job and trying to further his own career? He's not the guy suing here.

I mean, would you go home and tell your wife and kids that you're not taking the big promotion across the street because your current boss says you can't?

Sure as hell can't blame the guy, but I have to believe that Childress was screwing him hard. That big promotion carries risk that can be countered by loyalty to your current employer. That loyalty becomes stupid if your employer is a liar, and your career is going to **** because of it. One of three things happened here: 1) McCall is unprofessional and jumped at an opportunity ****ting on Childress, 2) Childress is a lying SOB trying to squish the small guy, or 3) Childress is a vindictive ass wipe because he perceives one of his employees as lacking loyalty simply because he has grown impatient and wants to further himself. If 1) is the case I don't blame Childress for chasing his ass in the courts. If the situation is 2) and/or 3), then Childress has issues. I have to believe that 2) and/or 3) are the case because word travels fast in this sport, and McCall's name would be **** if he bailed on Childress unprofessionally. If Childress' name is ****, it is already known and/or nobody cares because he is rich.

 

[3wideinturn1]

Sure as hell can't blame the guy, but I have to believe that Childress was screwing him hard. That big promotion carries risk that can be countered by loyalty to your current employer. That loyalty becomes stupid if your employer is a liar, and your career is going to sh!t because of it. One of three things happened here: 1) McCall is unprofessional and jumped at an opportunity ****ting on Childress, 2) Childress is a lying SOB trying to squish the small guy, or 3) Childress is a vindictive ass wipe because he perceives one of his employees as lacking loyalty simply because he has grown impatient and wants to further himself. If 1) is the case I don't blame Childress for chasing his ass in the courts. If the situation is 2) and/or 3), then Childress has issues. I have to believe that 2) and/or 3) are the case because word travels fast in this sport, and McCall's name would be sh!t if he bailed on Childress unprofessionally. If Childress' name is sh!t, it is already known and/or nobody cares because he is rich.

Yep, spot on Rev. My best guess would be #3.

Childress is definitely vindictive. Remember when AJ was tussling with Austin (can't remember the race) and RC came on the radio saying "if AJ wrecks Austin, I'm pulling JTG's engines tomorrow". Lets also not forget when he went after your boy Rowdy. Could you imagine a guy like Mr. H, Coach or Roger Penske physically confronting a driver about on track incident? Me neither, because it's ridiculous for an owner to do that. That's just RC though he wears his heart on his sleeve and he's being getting beat for a long time now so it's no wonder he's so crusty.

 

[Revman]

Yep, spot on Rev. My best guess would be #3.

Childress is definitely vindictive. Remember when AJ was tussling with Austin (can't remember the race) and RC came on the radio saying "if AJ wrecks Austin, I'm pulling JTG's engines tomorrow". Lets also not forget when he went after your boy Rowdy. Could you imagine a guy like Mr. H, Coach or Roger Penske physically confronting a driver about on track incident? Me neither, because it's ridiculous for an owner to do that. That's just RC though he wears his heart on his sleeve and he's being getting beat for a long time now so it's no wonder he's so crusty.

Unfortunate. That whole episode with Kyle was weird. Nobody really ever substantiated the incident-- more legend than reality IMO. The AJ Austin deal was really bad, and it says a lot--your money means nothing, and I own your ass. I have a feeling that McCall wanted to move on, and RC's ego couldn't handle it. Having said all of that, if I was an owner, I would make sure that the contracts were structured correctly with no compete clauses. "Gardening Leave" happens all of the time in F1.

 

[hidesert cowboy]

stop it people, Richard childress isn't some a hole. He is a good ole boy that pretty much everyone would get along with sharing a beer across the table. There is probably alot more to this story than sour grapes. I think a guy like richard is smart enough and gracious enough to just say look go do whats best for you. Maybe this move is to make others thinking about doing something like this think twice. YES I know RCR cars were not all that fast last season. Every team has things they have worked hard to protect. I am surpised this hasn't come up before now.

 

[Revman]

stop it people, Richard childress isn't some a hole. He is a good ole boy that pretty much everyone would get along with sharing a beer across the table. There is probably alot more to this story than sour grapes. I think a guy like richard is smart enough and gracious enough to just say look go do whats best for you. Maybe this move is to make others thinking about doing something like this think twice. YES I know RCR cars were not all that fast last season. Every team has things they have worked hard to protect. I am surpised this hasn't come up before now.

A good ole boy who removes a Rolex before he supposedly hits someone, and settles his problems in a court? Not buying it for a second. A good ole boy doesn't do things publicly to send a message that he could send in a bar over a beer. A good ole boy doesn't dick with people. He looks them in the eye, and tells them how it is. This smells bad.

 

[3wideinturn1]

stop it people, Richard childress isn't some a hole. He is a good ole boy that pretty much everyone would get along with sharing a beer across the table. There is probably alot more to this story than sour grapes. I think a guy like richard is smart enough and gracious enough to just say look go do whats best for you. Maybe this move is to make others thinking about doing something like this think twice. YES I know RCR cars were not all that fast last season. Every team has things they have worked hard to protect. I am surpised this hasn't come up before now.

Yeah, how dare McCall take a promotion with another team, who does that? Oh wait, EVERYONE else does that. Keith Rodden, the guy who McCall replaced did the exact same thing but you didn't see Hendrick sue him did you?

 

[Revman]

Yeah, how dare McCall take a promotion with another team, who does that? Oh wait, EVERYONE else does that. Keith Rodden, the guy who McCall replaced did the exact same thing but you didn't see Hendrick sue him did you?

Damn good point on Rodden. Damn good point.

 

[hidesert cowboy]

A good ole boy who removes a Rolex before he supposedly hits someone, and settles his problems in a court? Not buying it for a second. A good ole boy doesn't do things publicly to send a message that he could send in a bar over a beer. A good ole boy doesn't dick with people. He looks them in the eye, and tells them how it is. This smells bad.

that someone RC removed his rolex for was kyle busch after getting in several wrecks with his cars in various series. RC felt kyle was acting like a bonehead. Who here could not agree with that at times. Instead of doing it in front of everyone where the fights always get broken up and its more about PR and image building. RC took it to the garage with no cameras and no people to break up the fight.

people like to get on here and spout off about this and that without thinking of being in a team owners shoes. Imagine spending millions on RD just to have personal get disgrunted perhaps for no reason of your own doing and take the info that was hard and expensive to gain. for example lets say your joe gibbs. its been reported he has spent over 1 million on those special air guns the pit crew uses. Oh but wait I thought gibbs cars sucked in 2014?? ok well they have the fastest air guns on pit road and I personally watched that alone ALMOST win a race outright for the organization. With all that said how would you feel if personal with knowledge of that left for another team?? I am not a fan of jack roush, but other than that I think ALL of the community of nascar owners are very nice people or they wouldn't be where they are at.

 

[ChexOrWrex]

 

[Revman]

that someone RC removed his rolex for was kyle busch after getting in several wrecks with his cars in various series. RC felt kyle was acting like a bonehead. Who here could not agree with that at times. Instead of doing it in front of everyone where the fights always get broken up and its more about PR and image building. RC took it to the garage with no cameras and no people to break up the fight.

people like to get on here and spout off about this and that without thinking of being in a team owners shoes. Imagine spending millions on RD just to have personal get disgrunted perhaps for no reason of your own doing and take the info that was hard and expensive to gain. for example lets say your joe gibbs. its been reported he has spent over 1 million on those special air guns the pit crew uses. Oh but wait I thought gibbs cars sucked in 2014?? ok well they have the fastest air guns on pit road and I personally watched that alone ALMOST win a race outright for the organization. With all that said how would you feel if personal with knowledge of that left for another team?? I am not a fan of jack roush, but other than that I think ALL of the community of nascar owners are very nice people or they wouldn't be where they are at.

First, I didn't know that good ole boys wore Rolex. Good to know. Must be the more modern good ole boys...or does that make them good new boys...I digress.

No cameras. No witnesses. How do you know it happened? Maybe his grandson who allegedly held the Rolex spouted off? Do good ole boys beat on people with their grandkids watching? Hmmm. Classless IMO....but then again, maybe it never happened. Legend greater than reality.

You don't want you guys leaving? Pay them to stay....or send them on gardening leave. Don't hold them back. Having said that loyalty is a huge good ole boy trait IMO....and it had better be more important than money in the good ole boy world because good ole boys came from nothing. People who came from nothing still have nothing, but coming from nothing is a good ole boy legend that justifies pushing people around.

Do you honestly see Coach pulling a stunt like this? Honestly? .....If you lawyer up when you are protecting your assets, maybe you should have lawyered up when you wrote the contract in the first place....or let me guess, he did it on a napkin, and trusted McCall. Why didn't he just beat the **** out of him? B freakin' S.

Most people are nice. Period. Owners, or whatever. Most are nice. RC seems like a nice guy. Honestly. Who said he wasn't nice? Nice people can do ****** things. Maybe this is one of those instances.

 

[Kyle18fan]

Champion Harvick left because he was a dick or Champion Harvick left because Childress is a dick or Champion Harvick left because both he and Childress are dicks. Very complicated as the lines of delineation are very, very thin here.

Obviously the latter

 

[gone]

Not sure if y'all are really NASCAR insiders or if you're just opining from afar based on what you find in the media... I live and race in the area of the Childress shops so I come into contact with several of his current and former employees. For years I've been hearing that he's not easy to work for, in a CYA / better not make mistakes way. That kind of working environment leads to the second rate type of team they've been, particularly after they didn't have Dale Earnhardt to make up the difference for them.

I can understand Childress being edgy with a highly competitive nature, and getting frustrated when he loses talent that could potentially expose his "secrets". But that is the nature of professional racing, and is part of almost all professions. Suing an ex-employee is going too far, especially when you allege that he might reveal trade secrets before he has had much contact with his new employer and before there is any indication that such "secrets" actually benefitted that employer. If McCall was going around gloating that he was divulging Childress "secrets", or if Ganassi Racing suddenly started performing measurably better against RCR than they had before, then maybe Childress would have a case. But at this early date none of that is provable, and the court made a fair decision.

I don't know... maybe it's a regional thing... there's a lot of employers around here who think they own you if they employ you, so he could just be a product of his environment. But that still doesn't justify this mess.