The return of Kevin Brown

[Ripken]

Glad he's back.  It'll blow over but increases the chance he moves on.  Shame for us.  On the bright side, the attacks on JA will keep going.  This little skirmish reminded everyone about our ridiculous lease situation and a dozen other reasons to hate the Angelos family.

[banks703]

Part of my work includes both an HR component and vendor management so the reviewing, negotiating, extending, approving, signing, revising, etc. of contracts, employment agreements, etc. are within my domain. 

The covenant to not compete is very much enforceable, even in the state of Maryland and even though the FTC proposed a rule to ban them altogether. Low-wage earners have protection in the state of Maryland (this would be like your kid being hired at Burgar King for $10/hour and being asked to sign a N-C that would prevent them from going to work for McDonald's).

To enforce a non-compete, there is a determination of reasonableness and geography but ultimately the responsibility is on the employer to prove that a N-C was/is necessary to protect the interests of the business.

In KB/the Orioles case, it could be reasonably determined that Kevin Brown leaving the Orioles for the Nats would impact the Baltimore Orioles as a company. The product on the field is only one component of the Baltimore Orioles as a business/brand. It could be reasonably enforceable.

Most likely though, whatever contract KB has with the O's, there is likely language in it that allows him to freely seek employment upon the completion/expiration/termination (all different) of his agreement with the team. I'd bet that while he is under contract with the Orioles, he is not allowed to broadcast games for any other org in MLB. That is probably a pretty standard agreement for someone in his position/role. But I can't think that his agent would allow him to agree to something that would prevent him from employment with another team upon the conclusion of his deal with the O's. We know that he's done CFB and NCAA Softball games, etc. which is likely allowable via terms in his contract with the O's. So, I would believe that during the current terms of his deal with the team, he is stuck but once the agreement ends (regardless of how and unless he signs a N-C that specifically prohibits him from employment with another team), he's free to work for any other team. 

Edited August 11, 2023 by banks703

[TonySoprano]

2 hours ago, Frobby said:

His, uh, “re-education period?”

 

[accinfo]

14 minutes ago, banks703 said:

Part of my work includes both an HR component and vendor management so the reviewing, negotiating, extending, approving, signing, revising, etc. of contracts, employment agreements, etc. are within my domain. 

The covenant to not compete is very much enforceable, even in the state of Maryland and even though the FTC proposed a rule to ban them altogether. Low-wage earners have protection in the state of Maryland (this would be like your kid being hired at Burgar King for $10/hour and being asked to sign a N-C that would prevent them from going to work for McDonald's).

To enforce a non-compete, there is a determination of reasonableness and geography but ultimately the responsibility is on the employer to prove that a N-C was/is necessary to protect the interests of the business.

In KB/the Orioles case, it could be reasonably determined that Kevin Brown leaving the Orioles for the Nats would impact the Baltimore Orioles as a company. The product on the field is only one component of the Baltimore Orioles as a business/brand. It could be reasonably enforceable.

Most likely though, whatever contract KB has with the O's, there is likely language in it that allows him to freely seek employment upon the completion/expiration/termination (all different) of his agreement with the team. I'd bet that while he is under contract with the Orioles, he is not allowed to broadcast games for any other org in MLB. That is probably a pretty standard agreement for someone in his position/role. But I can't think that his agent would allow him to agree to something that would prevent him from employment with another team upon the conclusion of his deal with the O's. We know that he's done CFB and NCAA Softball games, etc. which is likely allowable via terms in his contract with the O's. So, I would believe that during the current terms of his deal with the team, he is stuck but once the agreement ends (regardless of how and unless he signs a N-C that specifically prohibits him from employment with another team), he's free to work for any other team. 

Yes these are very enforceable.  I have had them enforced.  Law practices and public Accounting firms would have a hard time staying in existence if they weren’t enforceable.  

[Billy F-Face3]

2 hours ago, Sports Guy said:

 

Blink twice if you need help, Kevin. 

[ExileAngelos]

I hope the baseball world can see right through this tweet and not let JA off the hook.  

[7Mo]

2 hours ago, Moose Milligan said:

Non-competes are pretty much jerk-off clauses designed to intimidate people from leaving their job and working elsewhere.  Clearly, you fall into that category.  They're usually not upheld in court.  

There are non-disclosure agreements which are in place to prevent people from sharing private company information, but that's about it.

 

This is exactly correct. 

Kevin would likely prevail in court (or more likely arbitration) over enforcement but it's probably a safer and less costly approach to simply let his contract expire (like others, I'd be shocked if it's not a one year deal) and move on then. That would take away any risk.

[TradeAngelos]

I wonder if JA had an actual gun to his head when he typed out those tweets. 

[banks703]

3 minutes ago, TradeAngelos said:

I wonder if JA had an actual gun to his head when he typed out those tweets. 

Peter would have taught him better to have someone else holding it and knowing JA, it was probably Marg.

Or maybe that was Brad’s Brach in her hand. 

[OrangeTurtle]

1 hour ago, Dipper9 said:

What exactly does this mean?  Who are the losers?  We all know the Angelos' are ridiculous petty owners, so no news there.  If you're saying the fans are losers because we couldn't listen to an announcer for two weeks, I guess we'll just agree to disagree.  

The Angelos' suck as owners.  That has been confirmed in the past two weeks.  I see nothing else that has come from this that makes ANYONE a winner or loser.

I'd argue that Angelos is a huge winner here if we're operating under the assumption that the reports on this were accurate. Brown, if he had a backbone, could have quit and publicly aired all of his grievances regarding the situation and made Angelos look WORSE, but instead he either was told to post the tweets or he took some kind of hush money incentive to post what he did (speculation).

If what Kevin posted is true, why did he sit in radio silence for two weeks while all the other broadcasts were blowing him and attacking his buddy, Angelos?

The reports may have been wrong and he was at fault in some way. But Kevin had every opportunity to have a little bit of dignity, but instead folded like a clown. He's not some hostage here; as others have noted, he's in high demand because, for whatever reason, people enjoy his fake, forced excitement and trying to be cute and topical all the time.

As Kevin would say - while screaming annoyingly trying to get a soundbite on Quick Pitch - this is THE FIRST time he's had a chance to have integrity, but it was a HUGE SWING AND MISS.

[OrangeTurtle]

I'll openly admit I'm in the minority on my opinion of Kevin and I accept that. But, I desperately wanted him to just quit and move on. 

The Joe Buck style is awful (in my opinion) and he's a Joe wannabe prototype crafted in a lab.

I was a huge Gary guy, so I guess I'm still butthurt he was replaced with a guy who is obviously more about himself than calling a game and being normal.

[Too Tall]

K B took the high road and who know what next year brings re PBP. IMO, He is in the diver's seat re future negotiations. So, in my opinion, is Elias and Sig. With the national bad press on J A, I wouildn't want to be in J A's shoes right now negotiating anything. Will be interesting if the negotiations with Maryland will be affected. If I were Governor, I sure wouldn't want to be having joint press conferences with J A after this unless it's to announce the signing of THE LEASE. 

[banks703]

2 minutes ago, OrangeTurtle said:

I'd argue that Angelos is a huge winner here if we're operating under the assumption that the reports on this were accurate. Brown, if he had a backbone, could have quit and publicly aired all of his grievances regarding the situation and made Angelos look WORSE, but instead he either was told to post the tweets or he took some kind of hush money incentive to post what he did (speculation).

If what Kevin posted is true, why did he sit in radio silence for two weeks while all the other broadcasts were blowing him and attacking his buddy, Angelos?

The reports may have been wrong and he was at fault in some way. But Kevin had every opportunity to have a little bit of dignity, but instead folded like a clown. He's not some hostage here; as others have noted, he's in high demand because, for whatever reason, people enjoy his fake, forced excitement and trying to be cute and topical all the time.

As Kevin would say - while screaming annoyingly trying to get a soundbite on Quick Pitch - this is THE FIRST time he's had a chance to have integrity, but it was a HUGE SWING AND MISS.

Why didn’t he throw his employer under the bus? Probably because he wants to continue his career.

Professionally, in sports it’s not a good move to publicly air grievances. Say he does quit and spills the beans. Do you think that another employer is going to feel confident with him exercising confidentiality?

No one wins in this situation, least of all Kevin Brown. I would guess this is not the hill that he chooses to die on with the Orioles and I don’t blame him for that. 

[Malike]

JA is a douche, but I'm not going to pretend there isn't some hilarity in these posts. For months we've been reading how "corny", how "outrageously dumb" the things that Brown said in reference to the team were. He's now a Baltimore Legend and American Hero around these parts.

Edited August 11, 2023 by Malike

[OrangeTurtle]

1 minute ago, banks703 said:

Why didn’t he throw his employer under the bus? Probably because he wants to continue his career.

Professionally, in sports it’s not a good move to publicly air grievances. Say he does quit and spills the beans. Do you think that another employer is going to feel confident with him exercising confidentiality?

No one wins in this situation, least of all Kevin Brown. I would guess this is not the hill that he chooses to die on with the Orioles and I don’t blame him for that. 

How many broadcasts came out and spoke in support of him? Trust me, he would have been FINE with his future career prospects and forward-looking people would take him on, ESPECIALLY, for not bowing down and taking it as a slick hire. 

He's not hurting for work, I can assure you of that. 

Even if he just quit and didn't say anything at all, I'd have huge respect for him. But..