Hyams: Schiano's MOU not valid

#77
#77
CA_Vol said:
He will still sue and UT (via-Haslam) will pay him to go away.
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I don't know if he wants to go there. May not be the best thing,because you know the whole PSU thing will be used and it may do more harm than what's already been done.
 
#78
#78
National media can dog us. But raise your hand if you think GS puts this staff together #1 and #2 this fast.

Soooooo they can piss up a rope

But he’ll get something from us. I’d guess a quiet settlement
 
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#80
#80
vols72 said:
I don't know if he wants to go there. May not be the best thing,because you know the whole PSU thing will be used and it may do more harm than what's already been done.
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Not only that, what legal leg does GS have to stand on? If Currie was unauthorized to sign the MOU and our bylaws state that Bev and Joe P had to be the ones to sign it and they didnt, then Schiano is screwed.
 
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#81
#81
JettVol said:
If he used another university's plane to conduct UT business that he was advised not to conduct. That my friends is called insubordination, and it is a fire able offense.
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If you're referring to the WSU visit he used a buddy's plane
 
#83
#83
I hate that we might have to pays his buyout,but im glad hes gone...he was going to kill our football program.So it might be worth it.to get rid of him..
 
#85
#85
I get the urge of some to want to just keep Currie since it's cheaper and make him do crap work. That said I think it's best for all parties to just pay him and get that malcontent, incompetent distraction as far away from our athletic department as possible. The dude is a cancer cut him out.
 
#87
#87
come on guys

he went to Washington and hired Mike Leac

This was after the Schiano explosion occurred!

Hiring Leach was a good move and what he had been instructed to do--find a good coach!

He was away and could not control what was happening in Knoxville!

He was made a villian by those with another vision and agenda!

Fire him because there is no going back.

Pay his buy out as written in his contract and move on.

He was not a terrible hire and he was doing as instructed.

get over it and move on!
 
#88
#88
and as I and others have been saying all along, Schiano's MOU is worthless for anything but toiled paper. Tell him how to use it!


toilet paper--toilet paper
 
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#91
#91
ru4real-really? said:
come on guys

he went to Washington and hired Mike Leac

This was after the Schiano explosion occurred!

Hiring Leach was a good move and what he had been instructed to do--find a good coach!

He was away and could not control what was happening in Knoxville!

He was made a villian by those with another vision and agenda!

Fire him because there is no going back.

Pay his buy out as written in his contract and move on.

He was not a terrible hire and he was doing as instructed.

get over it and move on!
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Go away, John. Better yet, go check the pH levels at the Aquatic Center.
 
#95
#95
slickvol said:
I don't know whether Sexton's knowledge of a MOU will Trump apparent authority. I've looked at Jones' MOU and I don't recall it specifically stating that the Chancellor had to sign to be binding, although it did have a place for the chancellor's signature.
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Wrong.

So AGAIN......

On UT's MOU's, which appear to be a standard legal boilerplate file that can be modified somewhat to suit the situation, the last sentence of the first paragraph on page one states: (italics and bold mine)

When fully executed, this MOU shall constitute a binding and legally enforcable agreement until superceded by a definitive written Employment Agreement between Coach and the University.

Now if you highlight and search:

What is the legal meaning of, 'When fully executed'

You will find that an....

..."Executed Document

To 'execute a document' means to sign it.

An 'executed document' actually means that the document -- the paper or digital copy of the contract -- has been signed.

The 'date of execution' is the date on which all required parties' signatures appear on the contract. It's the contract's starting date.

So then we see by considering Jones' MOU, along with a few other UT coaches where the salary exceded the discretionary amount and so by the university's financial legally binding protocol, apart from the potential new Coach's signature, the university has THREE LOCATIONS for required parties to have their signatures for the document to be fully executed.

The 'required parties' are...

1) Vice Chancellor and Director of Athletics

2) Chancellor

3) Chief Financial Officer

If ALL THREE are not signed, the document IS NOT fully executed and therefore DOES NOT "constitute a binding and legally enforcable agreement until superceded by a definitive written Employment Agreement between Coach and the University."

Only Currie and Schiano had signed. The MOU is not fully executed and so is not legally enforcable and binding.
 
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#96
#96
114VOL said:
Schiano will get a 7 figure settlement from UT. No way around it
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Based on what? Please show any case law, where it is established that a partially executed MOU, carried the same weight and consequence as a signed employment contract.

Some of you guys are pretending that UT doesn't have a cadre of lawyers on staff providing legal counsel. Schiano can file a lawsuit if he chooses to do so, and UT will file for a change of venue citing jurisdiction if he does so in Ohio, and then file for immediate dismissal with prejudice citing the fact that the MOU was never executed; you can't sue someone for choosing not to sign an MOU.
 
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#98
#98
fundamentals83 said:
I heard on Sports Source that Currie's buyout is actually more expensive than keeping him on staff. Perhaps we should just keep him on until his contract runs out. I'm sure that we could find something for him to do.. :)
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The urinals in Neyland could always use a good scrubbing!!!!
 
#99
#99
BeardedVol said:
Based on what? Please show any case law, where it is established that a partially executed MOU, carried the same weight and consequence as a signed employment contract.

Some of you guys are pretending that UT doesn't have a cadre of lawyers on staff providing legal counsel. Schiano can file a lawsuit if he chooses to do so, and UT will file for a change of venue citing jurisdiction if he does so in Ohio, and then file for immediate dismissal with prejudice citing the fact that the MOU was never executed; you can't sue someone for choosing not to sign an MOU.
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Correct. I'll never forget sitting on a circuit court jury in Tennessee many years ago. An old country lawyer in summation (had a thick accent like my mother's (used soft Rs, said dollas rather than dollars) told all of us any one can file "sue papers/papus" for anything. It's being able to prove it where the law lies that is in conflict. An unsigned MOU will not stand up in court in Tennessee is my opinion, Schiano has no case.
 
#100
#100
Remy said:
Correct. I'll never forget sitting on a circuit court jury in Tennessee many years ago. An old country lawyer in summation (had a thick accent like my mother's (used soft Rs, said dollas rather than dollars) told all of us any one can file "sue papers/papus" for anything. It's being able to prove it where the law lies that is in conflict. An unsigned MOU will not stand up in court in Tennessee is my opinion, Schiano has no case.
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This. Look at Barnes' MOU for the perfect example.
 
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