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Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

  • 1.  Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 11-27-2023 10:49

    Hi everyone!  I hope you all had an amazing long weekend and got some down time and family time!  

    We have an issue that has come up with a member and needs to be addressed by the Board.   Below is the email correspondence from Lehman's Attorney.   Last year LW purchased Dan Ollar's business and hired him for a period of time to manage the client transition.  As part of that deal, he signed the attached agreements.  At that time, they requested to move his already paid-for 90 Minds membership under LW.

    Fast forward, Dan no longer works at LW but has maintained his 90 Minds Membership and logs in frequently. 

    Dana Young contacted me and said that he is trying to continue to connect and service his clients and remain working as a consultant - but pursuant to this agreement is not supposed to.  They believe his membership should be terminated.  

    Dan really wants to maintain his membership and renew but as you see from the correspondence and Non-Compete - this puts us in the position of having to decide his fate.  

    My personal thought is to "suspend membership" until the end of the term of the agreement.  But your input is needed and necessary.   I would also recommend the Board prepare the official response to Dan and LW.  

    EMAIL:  

    Anne and Robert,

     

    I understand you have requested a copy of Dan Ollar's non-compete in connection with the termination of his membership with Sage professionals' group.  Attached is the non-compete agreement and an amendment to that agreement that was signed in connection with Mr. Ollar's separation from Ollar Consulting Limited. 

     

    Please let me know if you have any questions or other issues with which we can assist related to this matter. 

     

    Matt

    Matthew D. Johnson | Partner
    Warner Norcross + Judd LLP
    1500 Warner Building, 150 Ottawa Ave N.W., Grand Rapids, MI 49503
    d 616.752.2529 | mjohnson@wnj.com | profile | V-Card



    ------------------------------
    Anne Sawyer
    Executive Director
    90 Minds Inc.
    Sunset Beach CA
    ------------------------------


  • 2.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 11-27-2023 11:10

    My personal 2-cents.  The First Amendment to the Noncompete Agreement states under "2.d. Permitted Activities" includes:  "(viii)testing of data before and after upgrades and new system implementation for accuracy."  This clause in addition to supporting his ability to do financial statements (2.d.(i)), and part-time coverage for Treasurer (2.d.(vi), lends itself to "supporting his ability to use the 90Minds Platform to assist in his Permitted Activities".  

    We really can't confirm if he is using his access for "other purposes" to connect with "old clients" or not.  My vote is that as long as Dan Ollar has personally paid for his membership, we should not "pause" or "terminate" the membership.  That is my vote, for now.  



    ------------------------------
    Madeline Stefanou
    RKL eSolutions, LLC
    ------------------------------



  • 3.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 11-27-2023 13:50
    Edited by Alnoor Cassim 11-27-2023 13:51

    Agree with Madeline. We have no way of confirming he is connecting with old clients or not. Also, 90M has no LW customers nor any customers as members. It's possible Dan has some 90M partners as customers but not only is that a remote possibility, it is unverifiable and not our job to do so. So if Dan has paid for his own 90M membership originally, we should either let it ride under the LW account or let him re-establish his old non-LW account. That is my vote, for now.

    (Also on a personal side note, I have signed several non-competes over the years myself, both as an independent contractor and an employee. The typical non-compete period is 1 to 3 years. This one is 5 years which is excessive.)



    ------------------------------
    Alnoor Cassim
    ------------------------------



  • 4.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 11-27-2023 13:56

    While this is an unfortunate situation, 90 Minds cannot be the arbiter of a dispute between other parties. Just as Sage cannot ask that we prevent another member from attending our conference because they are in conflict with each other, WL should similarly not make this request of us, and I suspect that they know it. 

    The board is happy to prepare an official response. We can hold a 30-minute meeting to discuss and compose a response. I'll wait for everyone to weigh in.

    Karen



    ------------------------------
    Karen O'Lane
    Accounting Systems, Inc. (ASI)
    kolane@asifocus.com
    559-448-0900
    559-577-4142
    90 Minds Secretary
    ------------------------------



  • 5.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 11-27-2023 16:45
    Edited by Gary Feldman 11-27-2023 16:46

    There appear to be 2 questions:

    Question #1 - Is Dan Ollar qualified to be a member of 90Minds as a Sage Consultant?

    Question #2 - Is Dan's membership currently associated with Lehman Wesley (LW)?

    If question #1 is NO, the rest is moot.

    If both questions are yes, LW should have the right to change consultants associated with their firm.

    If Dan is already using his own account, there is no action to be taken.

    I agree with all comments from Madeline, Alnoor and Karen.  There is no specific language in the contract barring him from membership and it is not our obligation nor is it in our interest to put ourselves in the position of arbiter.  I really do not want to take sides.  

    On a side... Dan should not post any questions regarding any clients which could in any way cause him to be in breach of contract, and if I was Dana, I would be monitoring for anything I could use to sue for breach of contract.  There should be a tail on his payout if LW was smart and Dan would be putting that at risk.



    ------------------------------
    Gary Feldman
    Principal
    I-Business Network
    Marietta GA
    16786270646
    http://www-i-bn.net
    ------------------------------



  • 6.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 11-27-2023 17:06
    Edited by Madeline Stefanou 11-27-2023 17:06

    From what I understand: 

    • Dan Ollar has personally paid for his 90Minds Renewal for 2023, not Lehman Wesley.  $ 500 via CC on 10/31/2023
    • Dan Ollar membership is not associated to LW.
    • His certificates with Sage 100 are "up to date" he is a "consultant" (he offered to supply proof; which should not be necessary). 
    • He joined 90Minds (from what I can tell) under Ollar Consulting Limited in March 2021.

    ------------------------------
    Madeline Stefanou
    RKL eSolutions, LLC
    ------------------------------



  • 7.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 12-11-2023 12:50

    Hi everyone 

    I have heard from Dan again and I would like to give him an official response from the Board.  I think we should have a message to Lehman as well.   Can someone help take the lead on these messages?  I am happy to facilitate distribution when done.  



    ------------------------------
    Anne Sawyer
    Executive Director
    90 Minds Inc.
    Sunset Beach CA
    ------------------------------



  • 8.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 12-11-2023 13:56

    Sorry @Anne Sawyer I thought we had decided there is nothing to stop him from being a member.  @Robert Wood did you want to draft the response to both Dan and his old firm? 



    ------------------------------
    Madeline Stefanou
    RKL eSolutions, LLC
    ------------------------------



  • 9.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 12-11-2023 14:38
    It will be me.

    We need to have an official vote at the board meeting Friday first in my opinion. 
    --
    Robert Wood
    352-615-5898

    --

    Sent from my portable brain





  • 10.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 12-11-2023 14:48

    Is the board meeting on Friday? 



    ------------------------------
    Karen O'Lane
    Accounting Systems, Inc. (ASI)
    kolane@asifocus.com
    559-448-0900
    559-577-4142
    90 Minds Secretary
    ------------------------------



  • 11.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 12-11-2023 14:50

    Yes.  it was moved for this month.  12:30-2:30 (EST) this month.

     

    Madeline Stefanou

     

     






  • 12.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 12-11-2023 15:04
    I will add this to the agenda.  Thanks! 


    Anne Sawyer, Executive Director 
    90 Minds, Inc. 

    SCHEDULE A MEETING HERE:  Calendly - Anne Sawyer













  • 13.  RE: Membership Issue - Dan Ollar and Lehman Wesley Non-Compete

    Posted 12-12-2023 12:03

    Thank you, Madeline!

     

    Karen O'Lane

    Accounting Systems, Inc.

    Senior Consultant | Regional Director – Western U.S.

    6658 N. Dolores Ave. | Fresno, CA 93711

    Ph: 803.252.6154 x242 | Fx: 803.753.9818 | Toll free: 855.383.6154

    Direct Local: 559-448-0900

     

    Corporate Office:

    15 Surrey Court | Columbia, SC 29212

    E-Mail: kolane@asifocus.com

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