wcblack34 Posted February 7, 2018 Share Posted February 7, 2018 1 minute ago, Forge said: Did this last year after the birth of my son. I interviewed 3 times, was offered the job, etc etc. Then my current job came with offer of more money and I could work from home. Was a no brainier for me That does not mean that the prospective employer could not have pursued you for a breach of contract if they could show they were damaged in some way. In normal, day-to-day jobs, it would probably cost much more in legal fees than they could ever hope to recover. However, in the highly competitive NFL, they could likely make it worth their while. Link to comment Share on other sites More sharing options...
mission27 Posted February 7, 2018 Share Posted February 7, 2018 2 minutes ago, stallyns said: McDaniels had a second interview right after the AFC Championship where it’s speculated they hashed out plans, assistants etc. On top of that day. Could be true. I'm just saying, whether we knew this was likely weeks ago or not, he and the Pats were focused on SB53 for the past few weeks. He's really only had 24-48 hours to decompress and turn his attention to 2018 and beyond. Its not like he really accepted the job and was working with their front office for weeks, as far as we know. He actually informed them pretty quickly that he'd had a change of heart and was accepting another offer. Link to comment Share on other sites More sharing options...
jrry32 Posted February 7, 2018 Share Posted February 7, 2018 4 minutes ago, mission27 said: Personal employment agreements are a grey area. There is a general understanding you have to do what is best for you and your family and if you get a better offer, you are going to back out. I've been on both sides of that and there are hurt feelings sometimes but people usually get it. Yea, I'd have no issue with it if McDaniels didn't drag this out for a month and drag other people into it. You gotta do what's best for you, but none of this is new. He had plenty of time to make this decision and still did this. It's poor form and speaks poorly of him as a person. However, based on what I know about him, it's no shocker. Link to comment Share on other sites More sharing options...
mission27 Posted February 7, 2018 Share Posted February 7, 2018 Just now, wcblack34 said: That does not mean that the prospective employer could not have pursued you for a breach of contract if they could show they were damaged in some way. In normal, day-to-day jobs, it would probably cost much more in legal fees than they could ever hope to recover. However, in the highly competitive NFL, they could likely make it worth their while. Not really, practically speaking. Employment agreements are notoriously difficult to try to enforce in court. A verbal agreement to enter into an employment agreement is essentially meaningless from a practical standpoint and would be a complete waste of time to go after someone in court on those grounds, beyond the legal fees. Link to comment Share on other sites More sharing options...
jrry32 Posted February 7, 2018 Share Posted February 7, 2018 1 minute ago, wcblack34 said: That does not mean that the prospective employer could not have pursued you for a breach of contract if they could show they were damaged in some way. In normal, day-to-day jobs, it would probably cost much more in legal fees than they could ever hope to recover. However, in the highly competitive NFL, they could likely make it worth their while. You have to actually sign a contract to be able to sue for breach of contract. At-will employment is at-will employment. 1 Link to comment Share on other sites More sharing options...
Forge Posted February 7, 2018 Share Posted February 7, 2018 Just now, wcblack34 said: That does not mean that the prospective employer could not have pursued you for a breach of contract if they could show they were damaged in some way. In normal, day-to-day jobs, it would probably cost much more in legal fees than they could ever hope to recover. However, in the highly competitive NFL, they could likely make it worth their while. Well, it's a little different in my situation (at will) but I agree that if I were under contract they could. If they didn't get an executed contract from McDaniels, that's going to be a rough hill for them to sled to get damages in my opinion. They definitely could try though. 1 Link to comment Share on other sites More sharing options...
DLF54927 Posted February 7, 2018 Share Posted February 7, 2018 Just now, mission27 said: He actually informed them pretty quickly that he'd had a change of heart and was accepting another offer. Yeah, right after they scheduled their press conference... Link to comment Share on other sites More sharing options...
Lunch Pail Posted February 7, 2018 Share Posted February 7, 2018 1 hour ago, BroncoSojia said: But, Jim Caldwell is black? Please use the term African-American next time. I'm literally shaking in anger and disgust. It's 2018 for crying out loud! Link to comment Share on other sites More sharing options...
wcblack34 Posted February 7, 2018 Share Posted February 7, 2018 2 minutes ago, Forge said: Well, it's a little different in my situation (at will) but I agree that if I were under contract they could. If they didn't get an executed contract from McDaniels, that's going to be a rough hill for them to sled to get damages in my opinion. They definitely could try though. You would be very surprised at how easy it is to show a verbal contract. They get enforced all the time. Link to comment Share on other sites More sharing options...
jrry32 Posted February 7, 2018 Share Posted February 7, 2018 2 minutes ago, Forge said: Well, it's a little different in my situation (at will) but I agree that if I were under contract they could. If they didn't get an executed contract from McDaniels, that's going to be a rough hill for them to sled to get damages in my opinion. They definitely could try though. It's an impossible hill for them to sled if they don't have a written contract signed by McDaniels. 2 Link to comment Share on other sites More sharing options...
wcblack34 Posted February 7, 2018 Share Posted February 7, 2018 Just now, jrry32 said: It's an impossible hill for them to sled if they don't have a written contract signed by McDaniels. As a lawyer, I can tell you that you are very, very wrong about that. Link to comment Share on other sites More sharing options...
mission27 Posted February 7, 2018 Share Posted February 7, 2018 1 minute ago, jrry32 said: Yea, I'd have no issue with it if McDaniels didn't drag this out for a month and drag other people into it. You gotta do what's best for you, but none of this is new. He had plenty of time to make this decision and still did this. It's poor form and speaks poorly of him as a person. However, based on what I know about him, it's no shocker. That's possible but not what has been reported publicly. The reporting was always Patricia was definitely going to the Lions and McDaniels had been offered the Colts job but was on the fence. From what has been reported he didn't actually say 'yes' to the job until this morning. So he dragged this out for 8 hours. Maybe that reporting is wrong, but that's just speculation tbh. Link to comment Share on other sites More sharing options...
childofpudding Posted February 7, 2018 Share Posted February 7, 2018 (edited) 13 minutes ago, nagahide13 said: Are you serious? Backing out of a verbal commitment is something that's very, very commonly regarded as demonstrating poor business ethics. You're splitting hairs with a razor while people are throwing haymakers. Saying that McDaniels' decision is unethical is... tame. It's both tame and directly correct. Of course he shouldn't be punished, and of course he shouldn't be forced into some kind of NFL-head-coach conscription situation. But to say that his actions are within the expected spectrum of decorum is flat out ludicrous. I mean, it happens every single day in business. An employee gets hired elsewhere, gives his notice, then the company he's leaving gives him a matching or superior offer, and the employee decides to stay. It's usually not seen as some huge slimeball move. Edited February 7, 2018 by childofpudding Link to comment Share on other sites More sharing options...
mission27 Posted February 7, 2018 Share Posted February 7, 2018 Just now, wcblack34 said: As a lawyer, I can tell you that you are very, very wrong about that. Can you point to any similar examples where a prospective employer has pursued and won a case like this, with only a verbal agreement, and one that was withdrawn after 8 hours? Link to comment Share on other sites More sharing options...
jrry32 Posted February 7, 2018 Share Posted February 7, 2018 Just now, wcblack34 said: As a lawyer, I can tell you that you are very, very wrong about that. As a lawyer, I can tell you that the statute of frauds covers this transaction. Any agreement would be for more than one year. As you know, the statute of frauds means that you have to have a writing signed by the person sought to be charged. I can't think of any exception to the statute of frauds that would apply in this case. Link to comment Share on other sites More sharing options...
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