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Message
re: Mike Gundy fired contactor for wearing Sooner shirt
Posted on 8/13/11 at 12:02 pm to Zamoro10
Posted on 8/13/11 at 12:02 pm to Zamoro10
quote:
He basically represents the university.
so if it was the AD or the Dean of Okie st?
quote:
It would be like a waiter at Bill Gates house, serving Hors d'oeuvres to distinguished guests wearing a "Microsoft sucks" t-shirt. It reflects poorly on Bill to employ a guy like that.
First, a shirt of a different school is not a derogatory term for Okie St.
Second, a shirt saying anything sucks would reflect poorly on Bill if a waiter at his house wore it during a catered social event.
What if the waiter simply owned an iphone? Does that reflect poorly on Gates?
What if back to the case for Gundy the OU shirt was for Rugby, Lacrosse, or OU womens soccer? ETA what if it was an LSU shirt or a Rutgers shirt?
This post was edited on 8/13/11 at 12:13 pm
1
Posted on 8/13/11 at 12:05 pm to LSUTANGERINE
If the contractor did that, I'd fire his arse, too, just for being so damn stupid.
Posted on 8/13/11 at 12:06 pm to ZZTIGERS
quote:
Seriously? You're going to wear an UO shirt at the house of the head coach of Oklahoma State?
Or perhaps he could have just shown more maturity instead of getting all bent out of shape over a t-shirt.
Posted on 8/13/11 at 12:08 pm to ZZTIGERS
quote:
Good for Gundy. Maybe this will be a lesson for people everywhere, to stop being retarded. Seriously? You're going to wear an UO shirt at the house of the head coach of Oklahoma State? This guy should be mocked & ridiculed, and put on display so people can learn how not to be retarded.
he'll get a nice cash settlement. So who's the moron?
Posted on 8/13/11 at 12:12 pm to ZZTIGERS
quote:
don't think you understand the concept of "free". Sure, he's got the right to wear whatever he wants, no one is denying that. But Gundy is free to fire him for that. Really not a hard concept to grasp, well, for most of us.
and Gundy will settle by giving him some $$$
Posted on 8/13/11 at 12:16 pm to LSUTANGERINE
quote:
Mike Gundy
obviously Lord of the Douchebags
not sure but his wife is probably a fat pig to top it off
Posted on 8/13/11 at 12:21 pm to LSUTANGERINE
quote:
he'll get a nice cash settlement.
No he won't. His only claim is breach of contract...He'll get paid for work done. Which was zero...because apparently he got fired on day 1. He can't sue for defamation (nobody will hire his arse claim) and as a contractor he wasn't entitled to wrongful termination wages as an employee. He gets a big fat nothing. He came after the wrong man.
Posted on 8/13/11 at 12:24 pm to LSUTANGERINE
Not a big Gundy fan but why would you wear an OU shirt to the house of theOSU coach? Seems like both parties were being childish.
Posted on 8/13/11 at 12:24 pm to LSUTANGERINE
this reminds me of a story i had read years ago about deion sanders dropping his car off to be repaired, running up a bill, and then telling the owner that he wasn't going to pay him because they lord told him not to ... i was thinking about that story about the time sanders was at the pulpit preaching virtues during his NFL Hall of Fame induction speech ..
Posted on 8/13/11 at 12:26 pm to LSUTANGERINE
The contractor fails to mention that his work truck was a replica of this:
Posted on 8/13/11 at 12:28 pm to Zamoro10
quote:
No he won't. His only claim is breach of contract...
Correct and the contract for X amount of work led to him not having work lined up during the estimated time he was going to spend working. Watch and see--he'll get paid some cash.
Posted on 8/13/11 at 12:30 pm to Zamoro10
quote:
o he won't. His only claim is breach of contract...He'll get paid for work done
Not if he can prove his claim that he turned down other work for this job, but the more likely scenario is his settlement will be just that, a settlement.
Gundy's lawyer will say it will cost you this much in fee's and we can offer this much to settle.
ETA Gundy doesn't get to use free Okie St. lawyers to defend him in this suit. That is all out of pocket for him
This post was edited on 8/13/11 at 12:33 pm
Posted on 8/13/11 at 12:32 pm to Carlos Santannaclaus
Gundy sounds like an arse hat but the contractor is an idiot for trying to antagonize him.
Posted on 8/13/11 at 12:32 pm to jacks40
quote:
so if it was the AD or the Dean of Okie st?
Gundy doesn't need to be justified but he has reasons as he's bigger than the AD or Dean of Students. Like I said, every relationship is judged differently. You could argue that the guy wearing on OU shirt on his property damaged his reputation and the schools. It's silly but, hey...it's how the community perceives this shite down there. The fact is, he's a contractor...he knew he was working at Gundy's house...he wore the enemy flag...and deliberately or not incited his employer to breach. Someone hires you for to do a job, you don't have the freedom to piss them off. Simple as that.
This post was edited on 8/13/11 at 12:33 pm
Posted on 8/13/11 at 12:39 pm to Zamoro10
quote:
You could argue that the guy wearing on OU shirt on his property damaged his reputation and the schools
and be laughed out the courtroom.
quote:
incited his employer to breach.
yeah I doubt a court will buy that explanation either. quote:
Someone hires you for to do a job, you don't have the freedom to piss them off. Simple as that.
and if clothing is part of the contract he has that right to say "OU shirts piss me off you are fired"
If it wasn't then it has to be based on a reasonable person's sensibilites. And NO reasonable person would be offended by the wearing of a college tshirt to the point that it justifies breach of contract.
Again, wearing a OU shirt is not the same as wearing a Okie St. sucks shirt
This post was edited on 8/13/11 at 12:40 pm
Posted on 8/13/11 at 12:40 pm to jacks40
quote:
Not if he can prove his claim that he turned down other work for this job, but the more likely scenario is his settlement will be just that, a settlement.
They 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.
Why would he settle? The plaintiff's lawyer will try but after the answer, Gundy's lawyer can just file a motion for summary judgment - admit all the facts alleged are true and ask the court - how does that lead to relief under the law for the plaintiff? Plus this might HAVE to go through a special contractor's board-adjudication in Oklahoma - I don't know. Some states have special courts-process for contractor disputes.
This post was edited on 8/13/11 at 12:40 pm
Posted on 8/13/11 at 12:42 pm to jacks40
quote:
quote:
You could argue that the guy wearing on OU shirt on his property damaged his reputation and the schools
and be laughed out the courtroom.
quote:
incited his employer to breach.
yeah I doubt a court will buy that explanation either.
I wouldn't be so sure about that down in Oklahoma.
And HE DOESN"T NEED AN EXPLANATION!
This post was edited on 8/13/11 at 12:43 pm
Posted on 8/13/11 at 12:43 pm to LSUTANGERINE
quote:
Correct and the contract for X amount of work led to him not having work lined up during the estimated time he was going to spend working. Watch and see--he'll get paid some cash
hopefully, he got a down payment from gundy before he started the job .. then he is in the driver's seat .. if not, good luck ... he's entitled to the time he has spent on the job, the labor he has absorbed on the job, and the materials purchased for the job .. if he got a down payment .. tell gundy to go frick himself .. if not .. be sure to wear a red blazer to court ..
This post was edited on 8/13/11 at 12:44 pm
Posted on 8/13/11 at 12:45 pm to Zamoro10
quote:
Not if he can prove his claim that he turned down other work for this job, but the more likely scenario is his settlement will be just that, a settlement.
They 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
yeah .. this won't fly at all .. you can justify your time and expenses exhausted on the job .. but claims of other work "turned down" is frivolous and gray at best ..
This post was edited on 8/13/11 at 1:13 pm
Posted on 8/13/11 at 12:48 pm to Zamoro10
quote:
They always throw that shite in there...as if contractors are always sitting on hundreds of jobs that suddenly expire upon taking this job
Hence my if.
quote:
Why would he settle?
Cause even in your theory of summary judgment you are still looking at plenty of billable hours up till that point.
And then you really think that a good strategy would to be to ask for SJ? 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?
ETA pay a settlement, call it a day move on
This post was edited on 8/13/11 at 12:50 pm
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