Here are the EMAILS Letters

User avatar
vegattk
Posts: 453
Joined: Thu Aug 09, 2012 10:08 pm
Has thanked: 16 times
Been thanked: 10 times

Re: Here are the EMAILS Letters

Unread post by vegattk » Wed Dec 12, 2012 6:57 pm

asutrnr81 wrote:
MountainMan wrote:Not that it really matters, but I sorta agree with bcoach on this one.

After an offer to Jerry, and he having turned it down, and essentially a counter-offer back to CC, presented to the Chancellor, and seemingly agreed to by everyone, WHY NOT put those details down in writing and get JM to sign that specific agreement as a part of his one-year contract? No, you don't HAVE to do that, but just like any back and forth discussion that reaches an agreement it's always a good idea to write the specific agreement down and distribute it to everyone involved. Geez, that's what I did with the guy that plows snow in my drive way. I'd sure as heck do it with an employee that I just reached a special agreement with regarding their employment status for one year from now.

i like your thinking and not making an argument....only saying that if I am CC and I am sitting in my office after jousting through the issues on the email, I come to this conclusion. Anything else I put in writing might be used by "anyone" to prove something in court that a verbal contract was entered into...so why not just let the current contract end and NOTHING else would need to be done.

Putting it into writing might be construed by a court that you actually did fire JM and thus expose you to an unemployment ins. claim. (And before anyone screams....if you have dealt with the EEOC lately you have not lived). They think lots of stuff is the liability of the employer that many times is not!

Part of this issue is that once you overlap administrations and someone has been around as long as JM you start getting issues like this because it it hard to keep straight....Happened at PSU, FSU....and other larger institutions.

I think most of this is a lesson learned and in the end we will have less of a problem like this in the future!

Go APPS
Amen to that! Fired a guy for smoking pot on the job.... Somehow he weaseled his way into getting Unemployment benefits.. Even AFTER we protested it... The system is completely Pro-worker in NC..
One game does not a postseason make.
More App Games > Less App Games

appthunder90
Posts: 404
Joined: Wed Feb 16, 2011 10:17 am
School: Appalachian State

Re: Here are the EMAILS Letters

Unread post by appthunder90 » Wed Dec 12, 2012 10:02 pm

so wait, did we need another written agreement or not? :lol:

bcoach
Posts: 4755
Joined: Tue Sep 04, 2012 4:49 pm
School: Appalachian State
Has thanked: 1506 times
Been thanked: 1698 times

Re: Here are the EMAILS Letters

Unread post by bcoach » Thu Dec 13, 2012 7:02 am

Trouble maker :o

appthunder90
Posts: 404
Joined: Wed Feb 16, 2011 10:17 am
School: Appalachian State

Re: Here are the EMAILS Letters

Unread post by appthunder90 » Thu Dec 13, 2012 9:59 am

bcoach wrote:Trouble maker :o
In all likelihood, this is an accurate descriptor. I will say that I am on the fence with this issue. I understand that Cobb was, in the words of others, "trying to treat Jerry as a friend, rather than an employee". I also understand that as his contract were expiring there was no legal necessity for a new contract to be drawn up, essentially saying the same thing. However, it does seem that we would have avoided much of the hoopbla surrounding this whole situation if we had done just that. Especially considering the iconic status of Coach Moore, and to avoid any "misunderstandings".

HeffnerIV
Posts: 1032
Joined: Thu Aug 09, 2012 12:44 pm
Has thanked: 97 times
Been thanked: 160 times

Re: Here are the EMAILS Letters

Unread post by HeffnerIV » Thu Dec 13, 2012 10:21 am

vegattk wrote:
asutrnr81 wrote:
MountainMan wrote:Not that it really matters, but I sorta agree with bcoach on this one.

After an offer to Jerry, and he having turned it down, and essentially a counter-offer back to CC, presented to the Chancellor, and seemingly agreed to by everyone, WHY NOT put those details down in writing and get JM to sign that specific agreement as a part of his one-year contract? No, you don't HAVE to do that, but just like any back and forth discussion that reaches an agreement it's always a good idea to write the specific agreement down and distribute it to everyone involved. Geez, that's what I did with the guy that plows snow in my drive way. I'd sure as heck do it with an employee that I just reached a special agreement with regarding their employment status for one year from now.

i like your thinking and not making an argument....only saying that if I am CC and I am sitting in my office after jousting through the issues on the email, I come to this conclusion. Anything else I put in writing might be used by "anyone" to prove something in court that a verbal contract was entered into...so why not just let the current contract end and NOTHING else would need to be done.

Putting it into writing might be construed by a court that you actually did fire JM and thus expose you to an unemployment ins. claim. (And before anyone screams....if you have dealt with the EEOC lately you have not lived). They think lots of stuff is the liability of the employer that many times is not!

Part of this issue is that once you overlap administrations and someone has been around as long as JM you start getting issues like this because it it hard to keep straight....Happened at PSU, FSU....and other larger institutions.

I think most of this is a lesson learned and in the end we will have less of a problem like this in the future!

Go APPS
Amen to that! Fired a guy for smoking pot on the job.... Somehow he weaseled his way into getting Unemployment benefits.. Even AFTER we protested it... The system is completely Pro-worker in NC..
We fired a girl for incompetence. After auditing the books following her departure, we found that she had embezzled almost $50,000 and manipulated the books to cover the numbers. We appealed her unemployment to the point of a face-to-face, in person hearing. We were told that we were not allowed to use the stolen cash as a part of our arguments. Nevertheless, even after we proved beyond a doubt that she was incompetent and even negligent, she was granted unemployment, and still has it 18 mos. later. The system is ABSOLUTELY slanted against the producers in this country, and success is discouraged- even demonized.

Mongol

Re: Here are the EMAILS Letters

Unread post by Mongol » Thu Dec 13, 2012 11:06 am

After auditing the books following her departure, we found that she had embezzled almost $50,000 and manipulated the books to cover the numbers.
I can see an attorney having a field day with how could this be considered incompetent? Sounds right competent to the point of begin devious. I can see Eric Stratton from Animal House as I type...............

User avatar
TheMoody1
Posts: 6993
Joined: Tue Jan 06, 2004 8:45 am
School: Appalachian State
Location: Za' New Land, NC
Has thanked: 629 times
Been thanked: 716 times

Re: Here are the EMAILS Letters

Unread post by TheMoody1 » Thu Dec 13, 2012 11:30 am

HeffnerIV wrote:
vegattk wrote:
asutrnr81 wrote:
MountainMan wrote:Not that it really matters, but I sorta agree with bcoach on this one.

After an offer to Jerry, and he having turned it down, and essentially a counter-offer back to CC, presented to the Chancellor, and seemingly agreed to by everyone, WHY NOT put those details down in writing and get JM to sign that specific agreement as a part of his one-year contract? No, you don't HAVE to do that, but just like any back and forth discussion that reaches an agreement it's always a good idea to write the specific agreement down and distribute it to everyone involved. Geez, that's what I did with the guy that plows snow in my drive way. I'd sure as heck do it with an employee that I just reached a special agreement with regarding their employment status for one year from now.

i like your thinking and not making an argument....only saying that if I am CC and I am sitting in my office after jousting through the issues on the email, I come to this conclusion. Anything else I put in writing might be used by "anyone" to prove something in court that a verbal contract was entered into...so why not just let the current contract end and NOTHING else would need to be done.

Putting it into writing might be construed by a court that you actually did fire JM and thus expose you to an unemployment ins. claim. (And before anyone screams....if you have dealt with the EEOC lately you have not lived). They think lots of stuff is the liability of the employer that many times is not!

Part of this issue is that once you overlap administrations and someone has been around as long as JM you start getting issues like this because it it hard to keep straight....Happened at PSU, FSU....and other larger institutions.

I think most of this is a lesson learned and in the end we will have less of a problem like this in the future!

Go APPS
Amen to that! Fired a guy for smoking pot on the job.... Somehow he weaseled his way into getting Unemployment benefits.. Even AFTER we protested it... The system is completely Pro-worker in NC..
We fired a girl for incompetence. After auditing the books following her departure, we found that she had embezzled almost $50,000 and manipulated the books to cover the numbers. We appealed her unemployment to the point of a face-to-face, in person hearing. We were told that we were not allowed to use the stolen cash as a part of our arguments. Nevertheless, even after we proved beyond a doubt that she was incompetent and even negligent, she was granted unemployment, and still has it 18 mos. later. The system is ABSOLUTELY slanted against the producers in this country, and success is discouraged- even demonized.

That really sucks. I hope she is getting her unemployment checks sent to her in prison.

appthunder90
Posts: 404
Joined: Wed Feb 16, 2011 10:17 am
School: Appalachian State

Re: Here are the EMAILS Letters

Unread post by appthunder90 » Thu Dec 13, 2012 1:28 pm

TheMoody1 wrote:
HeffnerIV wrote:
vegattk wrote:
asutrnr81 wrote:
MountainMan wrote:Not that it really matters, but I sorta agree with bcoach on this one.

After an offer to Jerry, and he having turned it down, and essentially a counter-offer back to CC, presented to the Chancellor, and seemingly agreed to by everyone, WHY NOT put those details down in writing and get JM to sign that specific agreement as a part of his one-year contract? No, you don't HAVE to do that, but just like any back and forth discussion that reaches an agreement it's always a good idea to write the specific agreement down and distribute it to everyone involved. Geez, that's what I did with the guy that plows snow in my drive way. I'd sure as heck do it with an employee that I just reached a special agreement with regarding their employment status for one year from now.

i like your thinking and not making an argument....only saying that if I am CC and I am sitting in my office after jousting through the issues on the email, I come to this conclusion. Anything else I put in writing might be used by "anyone" to prove something in court that a verbal contract was entered into...so why not just let the current contract end and NOTHING else would need to be done.

Putting it into writing might be construed by a court that you actually did fire JM and thus expose you to an unemployment ins. claim. (And before anyone screams....if you have dealt with the EEOC lately you have not lived). They think lots of stuff is the liability of the employer that many times is not!

Part of this issue is that once you overlap administrations and someone has been around as long as JM you start getting issues like this because it it hard to keep straight....Happened at PSU, FSU....and other larger institutions.

I think most of this is a lesson learned and in the end we will have less of a problem like this in the future!

Go APPS
Amen to that! Fired a guy for smoking pot on the job.... Somehow he weaseled his way into getting Unemployment benefits.. Even AFTER we protested it... The system is completely Pro-worker in NC..
We fired a girl for incompetence. After auditing the books following her departure, we found that she had embezzled almost $50,000 and manipulated the books to cover the numbers. We appealed her unemployment to the point of a face-to-face, in person hearing. We were told that we were not allowed to use the stolen cash as a part of our arguments. Nevertheless, even after we proved beyond a doubt that she was incompetent and even negligent, she was granted unemployment, and still has it 18 mos. later. The system is ABSOLUTELY slanted against the producers in this country, and success is discouraged- even demonized.

That really sucks. I hope she is getting her unemployment checks sent to her in prison.
That would be even worse!

Post Reply Previous topicNext topic

Return to “Appalachian Football”