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re: Mike Gundy fired contactor for wearing Sooner shirt

Posted on 8/13/11 at 12:59 pm to
Posted by ZZTIGERS
Member since Dec 2007
17096 posts
Posted on 8/13/11 at 12:59 pm to
I'm simply stating that person should have the right to fire someone for whatever reason(of course age, race, sex are protected). Gundy can get fricked for all I care. And, I don't nearly think that the contractor wore the shirt by accident. You don't accidentally wear an Oklahoma shirt to the Oklahoma St Head Coach's house. Even if he did get dressed in the dark, as soon as he got in his truck, he would have noticed the shirt. Like someone said earlier, this a-hole contractor probably bragged about it before hand. "Hey guys, I'm gonna frick with Gundy". It wouldn't surprise me if the contractor planned this, because he knew what was likely to happen.

I'm not defending Gundy, he is a moron, who will probably have to pay, therefore, he will lose. Honestly, this is more of a Poli Board topic.
Posted by Zamoro10
Member since Jul 2008
14743 posts
Posted on 8/13/11 at 12:59 pm to
quote:

Cause even in your theory of summary judgment you are still looking at plenty of billable hours up till that point.


Yes. And Mike Gundy has more money than this contractor. Most lawsuits don't get settled - they get dismissed, either by the court or by motion of plaintiff.

Once this contractor realizes he isn't going to get squat and can't pay his legal fees he'll cut bait IMO. I would proceed all the way up to trial if I were Gundy's lawyer because this case isn't complex and not much is going to happen to hurt Gundy financially while this guy is probably a different story.
Posted by Zamoro10
Member since Jul 2008
14743 posts
Posted on 8/13/11 at 1:04 pm to
quote:

Among the alledged facts he has to admit are true would be that the contractor lost other jobs by taking the Gundy contract. So you want him to admit to that and then have the judge make a decision looking at everything in favor of the contractor?


That is not pertinent to the issue of breach - that's an issue of damages.
This post was edited on 8/13/11 at 1:05 pm
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 8/13/11 at 1:06 pm to
quote:

Once this contractor realizes he isn't going to get squat and can't pay his legal fees he'll cut bait IMO


Assumes that contractor's lawyer not working on a contingency fee.

quote:

I would proceed all the way up to trial if I were Gundy's lawyer because this case isn't complex and not much is going to happen to hurt Gundy financially while this guy is probably a different story.


So what happened to your SJ idea?
Posted by cene
Goldens Meadowsss
Member since Dec 2007
2353 posts
Posted on 8/13/11 at 1:42 pm to
The guy wore his work shirt to do a hard labor job. One does not wear his best clothing to do hard labor. You wear the most run down clothes you own. Gundy should have shaken his hand. The contractor is basically saying this Oklahoma shirt is so shitty the only time I'll wear it is when I know it will get filthy. I wouldn't wear an LSU shirt to do hard labor because I know I wouldn't be able to wear it anywhere else. Maybe he was an okie state fan and likes to wear an Oklahoma shirt when he knows "shite" will get on it
Posted by willow2
Tulsa, Ok
Member since Jan 2010
1267 posts
Posted on 8/13/11 at 2:57 pm to
When you are a contractor you work for your customer and do everything you can to make sure they are happy with your service. Showing up to Gundy's house wearing an OU shirt is a good way to not make your customer happy. You can bet your arse this dipshit told all his buddies exactly what he was gonna do and they all thought it was gonna be awesome. Then when Gundy went crazy and canned his arse and he realized he was gonna miss out on this job he got butt hurt and sued. This will get thrown out and Gundy will have the last laugh.
This post was edited on 8/13/11 at 2:59 pm
Posted by St Augustine
The Pauper of the Surf
Member since Mar 2006
64360 posts
Posted on 8/13/11 at 3:25 pm to
You DO NOT wear the wrong shirt to a 40 year old MAN's house
Posted by LSUTANGERINE
Baton Rouge LA
Member since Sep 2006
36113 posts
Posted on 8/13/11 at 3:27 pm to
quote:

hey always throw that shite in there...as if contractors are always sitting on hundreds of jobs that suddenly expire upon taking this job. He took this job and lasted barely a moment on the job. He wasn't tied with Gundy for the long-term.


You don't know. he may have been tied to Gundy for a week, which for a contractor, can mean 20-50K. You don't know that he did not turn down another 20K 3 day job.
Posted by LSUTANGERINE
Baton Rouge LA
Member since Sep 2006
36113 posts
Posted on 8/13/11 at 3:29 pm to
quote:

Once this contractor realizes he isn't going to get squat and can't pay his legal fees he'll cut bait IMO.


Legal fees? he'll likely have a "we don't get paid, unless you get paid' attorney.
Posted by LSUTANGERINE
Baton Rouge LA
Member since Sep 2006
36113 posts
Posted on 8/13/11 at 3:30 pm to
quote:

This will get thrown out and Gundy will have the last laugh.


It won't get thrown out b/c the suit won't make it that far. Gundy will settle.
Posted by Rickie
Portland, ME
Member since Aug 2010
2927 posts
Posted on 8/13/11 at 3:35 pm to
Guarantee you Gundy will not settle with the OU fan
Posted by Zamoro10
Member since Jul 2008
14743 posts
Posted on 8/13/11 at 3:50 pm to
quote:

Legal fees? he'll likely have a "we don't get paid, unless you get paid' attorney.


For a breach of contract? Nope. Because the plaintiffs recovery is only to make him whole but for the breach. He's not getting a windfall; best case scenario is he gets the value of his services working for Gundy.

Why is everyone under the assumption all lawyers work on contingency? That's usually only the case in personal injury working with insurance companies when the issue is mostly damages.
Posted by jacks40
Baton Rouge
Member since Oct 2007
11877 posts
Posted on 8/13/11 at 4:43 pm to
quote:

For a breach of contract? Nope. Because the plaintiffs recovery is only to make him whole but for the breach.


In a normal situation u r right. But this is a high profile case going after someone that would be better of settling than having this in the media.

I mean most contractors don't have their case reported on by ESPN. their is plenty of reasons to believe the contractor's lawyer is not operating on a hourly billings for this case.
Posted by Rickie
Portland, ME
Member since Aug 2010
2927 posts
Posted on 8/13/11 at 4:48 pm to
All the more reason to not settle with the OU fan that didn't actually go to OU
Posted by TheLittleAristotle
On my couch absorbing MFP 3:16
Member since Feb 2006
3907 posts
Posted on 8/13/11 at 4:56 pm to
quote:

So if gundy was Jewish and the contractor wore a swastika T shirt he wouldn't be allowed to fire the guy.


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