Pearl: "I'm not going anywhere"

#51
#51
tvols75 said:
I think we could all agree that there is going to be less protection if he does anything else, but at the same time like I said he, his agent, or his lawyer are not dumb enough to willingly terminate a contract that would enable him to receive absolutely no protection and could be terminated at will when the last one gave him quite a bit of protection.
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Dumb or not, they've already put themselves in that position. I'm not sure why that's so hard for you to comprehend.
 
#52
#52
BTW, you are much easier to converse with when you talk sensibly instead of throwing at insults and letting your hatred for a guy blur your vision just a tad. I've never understood how someone could post such great information and the result to some ridiculous comments.
 
#53
#53
hatvol96 said:
Dumb or not, they've already put themselves in that position. I'm not sure why that's so hard for you to comprehend.
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We don't know if they have put themselves in that position or not until the new contract is revealed. Would be very hard to believe that they would ruin their previous contract unless 1. He has been giving assurance that he is coach no matter what or 2. There were pre-deal talks before the old contract was terminated as to at least giving him some protection. I think you could agree to that.
 
#54
#54
tvols75 said:
We don't know if they have put themselves in that position or not until the new contract is revealed. Would be very hard to believe that they would ruin their previous contract unless 1. He has been giving assurance that he is coach no matter what or 2. There were pre-deal talks before the old contract was terminated as to at least giving him some protection. I think you could agree to that.
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Do you not understand that he is working "at will" now and has no contract in place. Hat is correct. He could be fired without notice or without any compensation right now. They have already agreed to the termination of his previous contract that puts him in this current position. If he is willing to agree to his current status, how on earth would anyone expect that he has a great deal of leverage entering into a new contract?
 
#55
#55
tvols75 said:
We don't know if they have put themselves in that position or not until the new contract is revealed. Would be very hard to believe that they would ruin their previous contract unless 1. He has been giving assurance that he is coach no matter what or 2. There were pre-deal talks before the old contract was terminated as to at least giving him some protection. I think you could agree to that.
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There may have been discussions, but they aren't going to be legally enforceable. Pearl is at UT's mercy right now. Pure and simple. If UT doesn't like his proposals, they can tell him to take their deal or leave and there's no recourse for him.
 
#56
#56
BasketvolsFan said:
Do you not understand that he is working "at will" now and has no contract in place. Hat is correct. He could be fired without notice or without any compensation right now. They have already agreed to the termination of his previous contract that puts him in this current position. If he is willing to agree to his current status, how on earth would anyone expect that he has a great deal of leverage entering into a new contract?
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It's a little more than "at will." If Bruce were to get fired by the school right now, he would be a rich man.
 
#57
#57
hatvol96 said:
There may have been discussions, but they aren't going to be legally enforceable. Pearl is at UT's mercy right now. Pure and simple. If UT doesn't like his proposals, they can tell him to take their deal or leave and there's no recourse for him.
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We will see. If Bruce were to get fired right now there would be legal action you know that. You honestly cannot believe that a coach, agent, or lawyer would allow for him to be at the mercy of getting fired before any contract is being in place.
 
#62
#62
tvols75 said:
We will see. If Bruce were to get fired right now there would be legal action you know that.
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No, there wouldn't. Pearl essentially waived any claims he would have had when the contract was terminated. It's elementary contract law. If you no longer have a contract, you are no longer entitled to the remedies contained therein.
 
#63
#63
hatvol96 said:
No, there wouldn't. Pearl essentially waived any claims he would have had when the contract was terminated. It's elementary contract law. If you no longer have a contract, you are no longer entitled to the remedies contained therein.
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There has to be some sort of stipulations in the letter of appointment. You are a lawyer, you would not allow a client waive all protection rights and all compensation rights and allow their employer to be able to terminate them right now without any compensation.
 
#65
#65
tvols75 said:
There has to be some sort of stipulations in the letter of appointment. You are a lawyer, you would not allow a client waive all protection rights and all compensation rights and allow their employer to be able to terminate them right now without any compensatory.
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He violated his contract with his actions. He lost his "rights" in this case. His team didn't have a choice in the matter.
 
#66
#66
tvols75 said:
There has to be some sort of stipulations in the letter of appointment. You are a lawyer, you would not allow a client waive all protection rights and all compensation rights and allow their employer to be able to terminate them right now without any compensation.
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It is called.....wait for it.....leverage.......BP has NONE, as people are trying to tell you big guy
He is dang lucky that UT is willing to keep him
 
#67
#67
We all know they had talks before, but no lawyer is dumb enough to take just the word of someone without it in writing of Bruce remaining the basketball coach. It would be the dumbest move of a lawyer and agent for them to have no sort of document in place while a new contract is being worked out that would put their client in danger of losing his job.
 
#68
#68
JZVOL said:
He violated his contract with his actions. He lost his "rights" in this case. His team didn't have a choice in the matter.
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Actually the previously stated that it could be terminated based upon NCAA findings. The NCAA has yet to release their findings so yes he had a choice in the matter.
 
#69
#69
tvols75 said:
There has to be some sort of stipulations in the letter of appointment. You are a lawyer, you would not allow a client waive all protection rights and all compensation rights and allow their employer to be able to terminate them right now without any compensation.
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If I know my client has violated the terms of his contract, will be subject to termination for cause, and wants to keep his current job and not blow up his chances at other jobs, I wouldn't have much choice. Allowing UT to terminate the contract without a fight was a show of good faith on Pearl's part. That's all he can do now. If he had chosen to contest the termination, he'd be unemployed right now.
 
#70
#70
tvols75 said:
Actually the previously stated that it could be terminated based upon NCAA findings. The NCAA has yet to release their findings so yes he had a choice in the matter.
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They already found out he lied to them and provided false info during an investigation.

Therefore it was either Bruce you're fired or we'll terminate your contract and rework it in a way that protects the university.

He did have a choice; door A or B.
 
#71
#71
JZVOL said:
They already found out he lied to them and provided false info during an investigation.

Therefore it was either Bruce you're fired or we'll terminate your contract and rework it in a way that protects the university.

He did have a choice; door A or B.
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If he were fired before the formal NCAA findings he could sue and would win. Like ESPN said, his contract had provided him the ultimate protection even more than O'Brien.
 
#72
#72
tvols75 said:
We all know they had talks before, but no lawyer is dumb enough to take just the word of someone without it in writing of Bruce remaining the basketball coach. It would be the dumbest move of a lawyer and agent for them to have no sort of document in place while a new contract is being worked out that would put their client in danger of losing his job.
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If there's anything in writing and it hasn't been disclosed, Mike Hamilton, the general counsel, and Bruce Pearl will all be fired as soon as someone files a FOIA and uncovers its existence. Ask Rollie Massimino and the folks at UNLV what happens when you try to have secret deals at state insitutions.
 
#73
#73
hatvol96 said:
If I know my client has violated the terms of his contract, will be subject to termination for cause, and wants to keep his current job and not blow up his chances at other jobs, I wouldn't have much choice. Allowing UT to terminate the contract without a fight was a show of good faith on Pearl's part. That's all he can do now. If he had chosen to contest the termination, he'd be unemployed right now.
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But he'd be unemployed with money if they terminated him before the NCAA findings. You have stated that he couldn't get a job for awhile outside of UT so if what you're saying is true he could potentially be without money and a job. No lawyer is going to allow that possibility. I would love to see the terms of the Appointment Letter.
 
#74
#74
tvols75 said:
If he were fired before the formal NCAA findings he could sue and would win. Like ESPN said, his contract had provided him the ultimate protection even more than O'Brien.
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They already found out what he did. He's guilty. He admitted he is guilty. That part is already over. They are waiting to find out if he did more and what the punishment is.
 
#75
#75
hatvol96 said:
If there's anything in writing and it hasn't been disclosed, Mike Hamilton, the general counsel, and Bruce Pearl will all be fired as soon as someone files a FOIA and uncovers its existence. Ask Rollie Massimino and the folks at UNLV what happens when you try to have secret deals at state insitutions.
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This isn't secretive, but none of us know the stipulations to all of the contracts, letters of appointment, etc... No one knew Bruce had that much protection in the previous contract until all of this was revealed. There has to be some sort of bargaining power in the Letter of Appointment or his lawyer and agent are the dumbest people to allow a client to have the possibility of being axed before the completion of a new contract.
 
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