DMN and NCAA calls us cheaters

[ponyboy]

That's exactly why Stallion is right about getting a realease and settlement agreement. These unwashed laypersons who think we shook Tubbs' hand, handed him a paycheck and showed him the door are just wrong.

Even if you're right, you're only telling half the story, aren't you? The "unwashed laypersons" -- who know nothing about labor law or anything else of consequence and who are mere fleas to the intellectual leviathans who are our onboard legal team -- were at least astute enough to understand that there's no breach of contract here. I want credit for that point and I want it now.

[jtstang]

Even if you're right, you're only telling half the story, aren't you? The "unwashed laypersons" -- who know nothing about labor law or anything else of consequence and who are mere fleas to the intellectual leviathans who are our onboard legal team -- were at least astute enough to understand that there's no breach of contract here. I want credit for that point and I want it now.

ponyboy-I will give you credit for that point when you provide:

(1) the date, time and location of your review of Jimmy Tubbs' employment contract and a brief summary of the contents thereof;

(2) the elements of a breach of contract claim under Texas law; and

(3) a statement of facts known to you, in light of Texas law and the contents of said contract, that support your analysis and conclusion that no breach occurred.

Credit for your point awaits your response.

[Stallion]

No as usual you are just babbling to yourself. No one ever claimed SMU breached its contract. I said:
"Firing Tubbs without just cause or for no reason in a "right to work state" as several posters stated above WOULD HAVE BEEN a breach of contract"
The word "WOULD" is a conditional term used to describe what might have happened in the future but did not. Nice try.

[McClown27]

It has been a blessing to hear the ramblings of a liberal plaintiffs attorney upon the nuances of contract law. I feel privileged to post on a board with the modern manifestation of Clarence Darrow.

I get a kick out of casual fans.

[ponydawg]

I am no jim adler so this is a serious question, wouldn't performing well under the level of expectation be "just cause".
Not saying he had the time or the amenities to prove himself, but if your boss thinks you are not doing your job to the level that you were hired and paid to do, seems like just cause.
But again, I am not a lawyer.......don't even watch Boston Legal.....although I did watch Night Court......what would Dan Fielding do?

[Stallion]

Depends on the terms in the Contract. There could be performance requirements, a morals clause, and any number of other clauses upon which the university could base a "just cause" for firing Tubbs. The problem is that if you add a clause which allows you to terminate a employee for any reason then its an illusory contract which will not keep the employee from breaking it at a moments notice.

[ponyboy]

Jt, you are a trip.

Fun stuff.

[jtstang]

Jt, you are a trip.

Fun stuff.

Sorry, man. I like the smiley face, but I can't give you credit for that.

[ponyboy]

Oh I'll never get that point no matter what I do. I've pretty much come to the conclusion, jt, that if God Himself came down on a golden chariot and revealed to you the answer to the mystery of mysteries, you'd cross examine.

All in good fun, my friend. All in good fun.

[jtstang]

Oh I'll never get that point no matter what I do. I've pretty much come to the conclusion, jt, that if God Himself came down on a golden chariot and revealed to you the answer to the mystery of mysteries, you'd cross examine.

All in good fun, my friend. All in good fun.

I'd be doing the client a disservice if I didn't. But how do you swear in the Almighty? Like George Burns said, "so help Me, Me"?

[ponyboy]

I still owe you that beer.

[SMUguy]

.... But how do you swear in the Almighty? Like George Burns said, "so help Me, Me"?

I want some of what JT's drinking.