Texas Tech Red Raiders requesting ouster of Mike Leach lawsuit - ESPN

Can one or more of you lawyer types please explain why Texas Tech is immune to contract dispute suits? This doesn't make any damn sense. Doesn't this set a precedent that any coach of a state school (at least in Texas) can be fired "for cause" without any cause?

And how does this law get passed? "Oh and the state is immune to being held responsible for anything we say we'll do."

PLUS the defendants are all "I can't believe he put that kid in that shed! Can you believe it? In a shed! With a concussion!" Even after Leach's case clearly states that Adam James has gone on record saying that Leach didn't do anything wrong.

about 2 years ago Horn Brain 7 comments 0 recs |

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damn

and this whole time i thought it was a closet, not a shed. I really underestimated Mike Leach, what a terrible terrible man.

by Lothor on May 16, 2010 9:56 AM CDT reply actions

It sounds like you need to do some reading

"I live in the tower with Coach Brown." -Bevo

by run Bevo run on May 16, 2010 12:37 PM CDT up reply actions

My understanding is that Texas is an at-will state, an employer can fire an employee with or without cause. The only exception would be if you are fired for an illegal reason (because of your gender, religion, political affiliation, age, etc).

by dimecoverage on May 17, 2010 8:15 AM CDT reply actions

except

for when you have a clause in the contract that states that the term of employment is governed by the terms of the contract rather than “at will”.

I haven’t actually seen whether such a clause was included in the contract, but, as it was a multiyear contract, and as the case is still being litigated, I would assume that the contract contains this type of a clause or the suit would have been dismissed.

by UTLawGrad on May 17, 2010 9:40 AM CDT up reply actions

Yes

You would hope that your contract would be an enforceable document. But TTU is saying that they get to do whatever they want because even if they violate the contract by firing without cause and not paying the requisite penalties they can’t be brought to court over it.

I can’t believe the lawyers haven’t eaten this up. This seems to me to say that contracts with the government (at least in Texas) are empty documents, unless it’s the other party that screws up. It basically says that TTU could have fired Leach at any time for any reason and not paid him a dime because they can’t be sued for what the contract says they owe. Therefore, any contract with a government entity holds as much legal power as a wink and a handshake.

Can someone please get lawyerly up in here?

by Horn Brain on May 17, 2010 3:03 PM CDT up reply actions