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Petke files lawsuit against RSL


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#1
Indyanapolis

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Might get moved to the dead horse forum, but thought this might deserve its own topic.

Petke filed a lawsuit against RSL claiming breach of contract. Aparantely when he was suspended by the team, he was told any additional incendents would be cause for termination, then he was terminated anyway.

Wild stuff.

https://www.rslsoapb...impression=true
Frankly, since I am merely a fan and a not a fancy American soccer writer, I'm going to congratulate Wright-Phillips on a well hit goal. If I was an American soccer writer, I'd claim that the recently retired Henry was wearing an invisibility cloak and carried the ball into the net for the obviously unskilled Wright-Phillips.

If you scan YouTube looking for Bradley Wright-Phillips, youll find numerous goal compilations, a few interviews and, eventually, an excerpt from the grime mixtape series Lord of the Mics.

#2
JBigjake54

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Petke filed a lawsuit against RSL
https://www.rslsoapb...impression=true


What a dick move, to not pay out his contract.
I hope he is awarded full damages, including the $700K, plus attorney fees, costs, punitive & exemplary damages, interest, and anything else he can get.

We are good enough to beat the best teams, and bad enough to lose to the worst teams. 


#3
SatansHockey

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"The decision was announced in a way calculated to damage his reputation, not just as a coach, but also personally"

I think Petke took care of that on his own

#4
GMoney

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Petkr assured himself never to get another MLS coaching job with this one.

Jake, this is up your ally......:if youre tinted with cause, why would they be obligated to pay your salary?

The New York Red Bulls previously kicked around Major League Soccer as the MetroStars with limited success. But after transforming under a new banner in 2005, the Red Bulls have become a force to be reckoned with in the Eastern Conference. The club has made leaps of progress since its previous incarnation and now has its focus on bringing the league title to New York. Grab your New York Red Bulls soccer jersey and other gear here at MLSGear.com.


#5
JBigjake54

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if you (are terminated) with cause, why would they be obligated to pay your salary?


An employee can be fired For Cause, in an effort by the employer to not honor an existing contract. The language of the contract is important. Clauses govern at-work misbehavior. Did his actions reach that level? Was the solution too drastic?
In comparison, when RB fired Mike, for sporting reasons, I am sure that he was paid his full salary.
I doubt that either side wants to litigate this to trial. It would have been wiser for RSL to just pay the $700K and avoid this publicity. Also, Mike had to hire a lawyer, who will take a cut of any negotiated settlement. Lose-lose for both sides.

We are good enough to beat the best teams, and bad enough to lose to the worst teams. 


#6
GMoney

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Lose/lose, for sure.

Openly Racist comments at th workplace would be difficult to defend. I suppose Petkes attorney can argue its not a racist statement.

They use the Mexican Federations reports to FIFA as evidence. Saying that Mexico doesnt believe its a racist expression.


The New York Red Bulls previously kicked around Major League Soccer as the MetroStars with limited success. But after transforming under a new banner in 2005, the Red Bulls have become a force to be reckoned with in the Eastern Conference. The club has made leaps of progress since its previous incarnation and now has its focus on bringing the league title to New York. Grab your New York Red Bulls soccer jersey and other gear here at MLSGear.com.


#7
JBigjake54

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Racist comments at the workplace would be difficult to defend. I suppose Petkes attorney can argue its not a racist statement.


The initial claim may be that the word is neither racist or homophobic. The next, that the sanction is too great.
The bigger question will be, how long does the RSL owner want this to drag on. A civil lawsuit could take years. The legal fees on both sides could exceed the amount owed. RSL will not recoup their legal fees, but if Mike prevails, RSL could be forced to pay his. Many plaintiffs lawyers take cases on a contingency basis, which means they get a share of any settlement. Employment plaintiff lawyers can play hardball, and are willing to embarrass an employer through Discovery & depositions. If the RSL owner is a businessman, he will have to consider how much money he wants to risk. OTOH, he could have sat down with Mike and calmly worked something out. The fact that he decided not to pay Mike the balance surprises me.

We are good enough to beat the best teams, and bad enough to lose to the worst teams. 


#8
GMoney

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The initial claim may be that the word is neither racist or homophobic. The next, that the sanction is too great.
The bigger question will be, how long does the RSL owner want this to drag on. A civil lawsuit could take years. The legal fees on both sides could exceed the amount owed. RSL will not recoup their legal fees, but if Mike prevails, RSL could be forced to pay his. Many plaintiffs lawyers take cases on a contingency basis, which means they get a share of any settlement. Employment plaintiff lawyers can play hardball, and are willing to embarrass an employer through Discovery & depositions. If the RSL owner is a businessman, he will have to consider how much money he wants to risk. OTOH, he could have sat down with Mike and calmly worked something out. The fact that he decided not to pay Mike the balance surprises me.


Thank you for the education and detailed response. Im tracking everything you wrote.

1 thought.....maybe, for legal purposes, the RSL owner was advised to pay the balance of his salary upon termination. Due to the fact he was terminated with cause, paying the balance of the salary would have put him on shaky legal ground should Perke have filed a lawsuit.

Im sure they could have worked something out behind closed doors though.


The New York Red Bulls previously kicked around Major League Soccer as the MetroStars with limited success. But after transforming under a new banner in 2005, the Red Bulls have become a force to be reckoned with in the Eastern Conference. The club has made leaps of progress since its previous incarnation and now has its focus on bringing the league title to New York. Grab your New York Red Bulls soccer jersey and other gear here at MLSGear.com.


#9
Eleazar

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Dell Loy Hansen ain't poor, it seems. as such, he can afford to stretch this out as long as he wants. he also bought out Dave Checketts for the club, i forgot how much of a %age Checketts had, either way, RSL is solely Hansen's. i'm unaware, however, of how much of the RSL fanbase wanted him out as a result of the incident with the refs. 

 

https://www.utahbusi...usiness-empire/

 

i am also unaware how much it'd be to file this initial complaint. it's not SDNY or Eastern District in Bklyn, it's Utah, fees wouldn't be anything i'm used to seeing from back in the day with partners charging $1200/hr. would atty fees be as astronomical as it is in midtown/lower Manhattan?


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RIP Cesar Castello, Mike Vallo, Glenn Stampiglia, Bob Paquette, and Warren Lee

 

"Team That I Dream Of" and "Faithful To The Colors" 

 

 


#10
GMoney

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I wonder if its action against MLS, because its a single entity.


The New York Red Bulls previously kicked around Major League Soccer as the MetroStars with limited success. But after transforming under a new banner in 2005, the Red Bulls have become a force to be reckoned with in the Eastern Conference. The club has made leaps of progress since its previous incarnation and now has its focus on bringing the league title to New York. Grab your New York Red Bulls soccer jersey and other gear here at MLSGear.com.


#11
JBigjake54

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1 thought.....maybe, for legal purposes, the RSL owner was advised to pay the balance of his salary upon termination. Due to the fact he was terminated with cause, paying the balance of the salary would have put him on shaky legal ground should Perke have filed a lawsuit.


Had the owner paid out the contract, Petke would have nothing to sue about.

Im sure they could have worked something out behind closed doors though.


That would have been reasonable. I do not think that Mike was the problem with that.

We are good enough to beat the best teams, and bad enough to lose to the worst teams. 


#12
JBigjake54

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Hansen ... can afford to stretch this out as long as he wants.

As we both know, lawyers love this attitude.

i'm unaware, however, of how much of the RSL fanbase wanted him out as a result of the incident with the refs. 

The owner said that 90% of the older fans wanted him to keep Petke; 90% of younger fans wanted him fired.

i am also unaware how much it'd be to file this initial complaint. ... would atty fees be as astronomical as ... Manhattan?


Utah fees cannot be as high as NYC, but I would expect $500 for a partner, who will want to churn through a sizable retainer. Of course, no money is coming personally from the owner, it is all a business expense for the team.

We are good enough to beat the best teams, and bad enough to lose to the worst teams. 


#13
GMoney

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Has the owner paid out the contract, Petke would have nothing to sue about.

That would have been reasonable. I do not think that Mike was the problem with that.


Petke could have sued for wrongful termination, I would think.

BTW, the Mexican federation and lease are starting a huge campaign to eradicate the chant during goal kicks. They say that they want to stop discriminatory chants in stadiums. Games will be suspended and fans will be ejected. I believe its going to start in 3-4 weeks.


The New York Red Bulls previously kicked around Major League Soccer as the MetroStars with limited success. But after transforming under a new banner in 2005, the Red Bulls have become a force to be reckoned with in the Eastern Conference. The club has made leaps of progress since its previous incarnation and now has its focus on bringing the league title to New York. Grab your New York Red Bulls soccer jersey and other gear here at MLSGear.com.


#14
JBigjake54

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Petke could have sued for wrongful termination


Utah is an at-will employment state.
https://www.blr.com/...scharge-in-Utah
If he was paid, any lawsuit to get paid would be moot.

Mexican federation and lea(fur) ... want to stop discriminatory chants in stadiums. Games will be suspended and fans will be ejected.


Good. Hope it works.

We are good enough to beat the best teams, and bad enough to lose to the worst teams. 


#15
GMoney

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Utah is an at-will employment state.
https://www.blr.com/...scharge-in-Utah
If he was paid, any lawsuit to get paid would be moot.

Good. Hope it works.


Thats why I ask these questions......thank you.

The New York Red Bulls previously kicked around Major League Soccer as the MetroStars with limited success. But after transforming under a new banner in 2005, the Red Bulls have become a force to be reckoned with in the Eastern Conference. The club has made leaps of progress since its previous incarnation and now has its focus on bringing the league title to New York. Grab your New York Red Bulls soccer jersey and other gear here at MLSGear.com.





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