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re: Legal question regarding Chavis...regarding termination
Posted on 3/2/15 at 4:36 pm to GeeOH
Posted on 3/2/15 at 4:36 pm to GeeOH
This whole deal is simply bush league.. Its a rookie move A&m is making and the only thing I can grasp at is regarding the desolution of our game contracts back in the 90's..
Pay the buyout and move on.. Lsu has a history of collecting and paying on contractual obligations and isn't about to start here in not enforcing staff contracts that are this cut and dry..
Pay the buyout and move on.. Lsu has a history of collecting and paying on contractual obligations and isn't about to start here in not enforcing staff contracts that are this cut and dry..
Posted on 3/2/15 at 4:37 pm to GeeOH
quote:
Yes, it does! But that is an entirely different type of contract. This is an EMPLOYMENT contract. Feel confident that the ending of employment is covered.
You are missing the point. The point isn't that the TYPE of contract is the same. The point is people and businesses who are really good at writing contracts, and contracts is all they do, still end up with ambiguous provisions. The reason there is an issue with the SPECIFIC contract is that there is ambiguity on this point. The end of employment is covered in this contract, yet, look at this, there's a lawsuit over what the obligations of the respective parties are.
Posted on 3/2/15 at 4:49 pm to GeeOH
(no message)
This post was edited on 6/25/15 at 11:27 am
Posted on 3/2/15 at 5:03 pm to logjamming
(no message)
This post was edited on 6/25/15 at 11:27 am
Posted on 3/2/15 at 5:03 pm to Penrod
Nah..... Make AtM pay the piper. Only reason
Chavis is suing LSU is b/c AtM is not willing to buy out his contract. He's screwing AtM out of $400,000 if you ask me - not LSU. Well played by Mr. Chavis and his lawyers but bull shite by AtM to let it get this far legally. Such is big time politics in college football. Chavis is guilty but AtM will pay. Crazy world!
Chavis is suing LSU is b/c AtM is not willing to buy out his contract. He's screwing AtM out of $400,000 if you ask me - not LSU. Well played by Mr. Chavis and his lawyers but bull shite by AtM to let it get this far legally. Such is big time politics in college football. Chavis is guilty but AtM will pay. Crazy world!
Posted on 3/2/15 at 5:58 pm to DrD
To me, the SEC should get involved due to the discussions prior to the end of the season. I get the moving on thing but during the season discussions should be off limits.
Posted on 3/2/15 at 6:50 pm to mmcgrath
quote:
This is the biggest point to make. However, I don't see how / why he would be required to give 30 days notice with less than 30 days on his contract.
His contract didn't expire until December 31, 2015.
If he left outside of 11 months, he had to give 30 days notice or suffer a $400K "penalty".
So, had he given notice on Dec. 1, 2014, and left right after the bowl, he wouldn't have owed LSU a dime.
If had waited until Feb. 1, he could have left without giving LSU any notice and not owed LSU a dime.
BUT, if he left LSU any time before February 1, 2015 without giving LSU 30 days notice, he would owe LSU $400K.
The problem was that both he and A&M wanted him at A&M for recruiting purposes. A&M wanted to tell recruits who they would be playing for -- especially given A&M tremendously horrific Defense over the last two years.
Posted on 3/2/15 at 9:15 pm to therick711
No, there is a lawsuit so he can try to cover his arse! Not because the language is flawed. He sued aTm as well so he can get them to cover the tab tax free to him.....it's the plan all along.
LSU is easily in the driver's seat. They can subpoena phone records of everyone involved and then show him recruiting in their clothes on their jet well before he claims to have turned in his resignation in writing, which the contract states.
Don't let smoke and mirrors on the theifs part be mistaken for ambiguity.
LSU is easily in the driver's seat. They can subpoena phone records of everyone involved and then show him recruiting in their clothes on their jet well before he claims to have turned in his resignation in writing, which the contract states.
Don't let smoke and mirrors on the theifs part be mistaken for ambiguity.
Posted on 3/3/15 at 8:51 am to GeeOH
Let's get this straight. Chavis is suing aTm in case LSU doesn't come through? How many guys do you know who would sue a new employer? And get away with it? I strongly suspect that aTm is having second thoughts. After all, what does all this have to say about the school?
This post was edited on 3/3/15 at 8:52 am
Posted on 3/3/15 at 9:54 am to GeeOH
GG had the best Idea on this
quote:
Forget the Wrench Trophy, Les. Make it a big dollar sign and put it in the north end zone. If Texas A&M wins, Alleva pays Chavis' legal fees and moving expenses and apologizes at midfield. If LSU wins, Chavis pays Alleva the $400,000 at midfield right after the game.
Call it "The Buyout Bowl."
Posted on 3/3/15 at 9:57 am to GeeOH
quote:
GeeOH
quote:
I read an article with the same information that is has been floating around for many days, so nothing groundbreaking or new information. My question is aimed at his starting with aTm. Since it is beyond easy to prove Chavis started recruiting for aTm way back in January, LSU didn't "fire" him on the spot. Is this because firing him would negate the buyout? In normal firing, yes I'm sure it would. But a firing for finding out your coach is working for another college (fricking wierd), although that college hasn't started paying him yet, sure seems like firing for cause would still qualify. So for the lawyers (or wanna be lawyers) out there, will Chavis be considered "working" for aTm in January if recruiting for them without pay? Wouldn't the free ride on their jet be enough to be considered compnsation? etc What is the one thing that LSU has to show to get the money? IYHO Article
You cannot submit a notice of intent to resign with a 30 day advance notice and then begin working for another employer within that same timeframe. The notice of intent to resign or "4 week notice" in this case means that you will continue to work for your employer until the actual day you intent to resign.
Chavis did not do that. Employment security law is very clear here for Louisiana. He broke the employment agreement, failed to provide proper notice, left the current employment prior to his stated notice and began working for another employer prior to his final day of work.
This is a slam dunk.
Posted on 3/3/15 at 11:59 am to GeeOH
If I am not mistaken, the only way tamu can pay the buy out without it constituting income for chavis is through these legal proceedings. If tamu just ponied up the cash, it would have to be included in his contract as compensation. It's my belief that the whole lawsuit was so they could avoid that, but it looks like they opened a whole can of worms.
Posted on 3/3/15 at 12:22 pm to TROLA
I say sue them for the buyout, then report them for recruiting violations
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