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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:35 pm 
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denisdman wrote:
Nardi wrote:
denisdman wrote:
Beardown wrote:
denisdman wrote:
For a wrongful termination claim to have legs, he must have been discriminated for a prohibited reason- ie sex, race, age, etc. He was terminated for none of those. His termination was directly related to an inappropriate tweet. His only cause of action is breach of contract.

If the Score was smart, they either fired him based on a specific violation of his contract or paid him a severance and got a signed release.


My point is why can they determine it was an inappropriate tweet. That's subjective. Go before a judge and say it was a compliment. Why can't it be considered a compliment? Why?

Once again, you can't just say it's not a compliment because it's about porn, you hate porn ladies and you think porn is bad. That's not a good argument. Once again, it's a legal profession.

I don't care what you think. I think if you go before a judge, in a court of law, Mac would win.


People get fired all the time for subjective reasons. We have at will employment laws. Now in Mac’s case, he has a contract, which supersedes contract law. That is his only legit claim.

Be that as it may, Entercom has to prove Mac's tweet was disparaging, which they can, because Mac deleted it. He compounded his original mistake. If he hadn't deleted it, Beardown's point could have legitimacy.

I don't think Mac gets paid and a suit would be thrown out quickly.


They don’t have to prove anything. It is not illegal to fire someone. They could fire Parkins right now. They just can’t do it because he’s Jewish.

Again though, the contract is another matter.

I am telling you this stuff with 100% certainty. It doesn’t mean he won’t or can’t sue to try to extract a settlement. But they had every right to fire him. The only valid claim would be contractual. I would have to see his contract to know if they had a right under it.

yep. They will reach a settlement.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:35 pm 
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Beardown wrote:
denisdman wrote:
Beardown wrote:
denisdman wrote:
For a wrongful termination claim to have legs, he must have been discriminated for a prohibited reason- ie sex, race, age, etc. He was terminated for none of those. His termination was directly related to an inappropriate tweet. His only cause of action is breach of contract.

If the Score was smart, they either fired him based on a specific violation of his contract or paid him a severance and got a signed release.


My point is why can they determine it was an inappropriate tweet. That's subjective. Go before a judge and say it was a compliment. Why can't it be considered a compliment? Why?

Once again, you can't just say it's not a compliment because it's about porn, you hate porn ladies and you think porn is bad. That's not a good argument. Once again, it's a legal profession.

I don't care what you think. I think if you go before a judge, in a court of law, Mac would win.


People get fired all the time for subjective reasons. We have at will employment laws. Now in Mac’s case, he has a contract, which supersedes contract law. That is his only legit claim.


Ok. Fine. It's all subjective. Go back to what Rick said. Go to the judge with what Bruce did and ask why the company isn't consistent? Bruce did it a few weeks before Mac. Different actions were taken.


It doesn’t matter. The consistency argument only works if he was fired in a discriminatory manner. Companies have very broad discretion under our at will employment laws.

They fired McKnight not Bernstein. They fired Goff not Parkins. They fired Julie not Mully. This happens everyday in corporate America. All legal.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:36 pm 
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Nardi wrote:
Be that as it may, Entercom has to prove Mac's tweet was disparaging, which they can, because Mac deleted it. He compounded his original mistake. If he hadn't deleted it, Beardown's point could have legitimacy.

I don't think Mac gets paid and a suit would be thrown out quickly.
There can be any number of reasons that a tweet is deleted. Imagine a scenario where you can get out of an employment contract because an employee deletes a tweet. Levine deleted his tweet too.

I would assume that his contract includes a clause on embarrassing his employer as a grounds for ending the contract. If the Levine tweet didn't meet that standard then it's hard to argue that Mac's tweet did.

Just like anything, it's not a slam dunk that Mac would win but he clearly has a case.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:37 pm 
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denisdman wrote:
Beardown wrote:
denisdman wrote:
Beardown wrote:
denisdman wrote:
For a wrongful termination claim to have legs, he must have been discriminated for a prohibited reason- ie sex, race, age, etc. He was terminated for none of those. His termination was directly related to an inappropriate tweet. His only cause of action is breach of contract.

If the Score was smart, they either fired him based on a specific violation of his contract or paid him a severance and got a signed release.


My point is why can they determine it was an inappropriate tweet. That's subjective. Go before a judge and say it was a compliment. Why can't it be considered a compliment? Why?

Once again, you can't just say it's not a compliment because it's about porn, you hate porn ladies and you think porn is bad. That's not a good argument. Once again, it's a legal profession.

I don't care what you think. I think if you go before a judge, in a court of law, Mac would win.


People get fired all the time for subjective reasons. We have at will employment laws. Now in Mac’s case, he has a contract, which supersedes contract law. That is his only legit claim.


Ok. Fine. It's all subjective. Go back to what Rick said. Go to the judge with what Bruce did and ask why the company isn't consistent? Bruce did it a few weeks before Mac. Different actions were taken.


It doesn’t matter. The consistency argument only works if he was fired in a discriminatory manner. Companies have very broad discretion under our at will employment laws.

They fired McKnight not Bernstein. They fired Goff not Parkins. They fired Julie not Mully. This happens everyday in corporate America. All legal.


Goff, McDoink and Julie were different types. They just fired them to fire them. To cut costs.

This was a specific reason based on a tweet.


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:39 pm 
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denisdman wrote:
I am telling you this stuff with 100% certainty. It doesn’t mean he won’t or can’t sue to try to extract a settlement. But they had every right to fire him. The only valid claim would be contractual. I would have to see his contract to know if they had a right under it.
Of course it's about the contract. He was a contract employee.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:40 pm 
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Mac, can you post your contract here so we can see if you have a chance in court ?


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:41 pm 
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Boilermaker Rick wrote:
Nardi wrote:
Be that as it may, Entercom has to prove Mac's tweet was disparaging, which they can, because Mac deleted it. He compounded his original mistake. If he hadn't deleted it, Beardown's point could have legitimacy.

I don't think Mac gets paid and a suit would be thrown out quickly.
There can be any number of reasons that a tweet is deleted. Imagine a scenario where you can get out of an employment contract because an employee deletes a tweet. Levine deleted his tweet too.

I would assume that his contract includes a clause on embarrassing his employer as a grounds for ending the contract. If the Levine tweet didn't meet that standard then it's hard to argue that Mac's tweet did.

Just like anything, it's not a slam dunk that Mac would win but he clearly has a case.

The difference is Hillary is a universally despised political figure and hot babe is an innocent bystander. Much more damage to the company. Theoretically


Last edited by Nardi on Wed Sep 16, 2020 12:42 pm, edited 1 time in total.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:42 pm 
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Obviously they can fire him and pay his contract.

I'm saying Mac should ask for more money in a law suit. That's my point. And I do think he has a case.


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:44 pm 
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Beardown wrote:
Obviously they can fire him and pay his contract.

I'm saying Mac should ask for more money in a law suit. That's my point. And I do think he has a case.

He didn't defend his tweet. He admitted it was wrong by deleting it. There's no case for "it's a compliment".


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:51 pm 
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Boilermaker Rick wrote:
Caller Bob wrote:
One was a direct attack on a African american female, the other was a shared dumb political meme.
Neither of us are lawyers, but I doubt you could win in court with the "The sexist tweet was about a white woman" defense especially when the much more logical explanation is Mac was expensive to a company who is financially struggling.

I'd like to introduce you to the concept of "at-will" employment.


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:53 pm 
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Caller Bob wrote:
Boilermaker Rick wrote:
Caller Bob wrote:
One was a direct attack on a African american female, the other was a shared dumb political meme.
Neither of us are lawyers, but I doubt you could win in court with the "The sexist tweet was about a white woman" defense especially when the much more logical explanation is Mac was expensive to a company who is financially struggling.

I'd like to introduce you to the concept of "at-will" employment.
Mac wasn't an "at-will" employee. He has a contract.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:56 pm 
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Bagels wrote:
Mac, can you post your contract here so we can see if you have a chance in court ?


:lol:


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 12:57 pm 
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Caller Bob wrote:
Boilermaker Rick wrote:
Caller Bob wrote:
One was a direct attack on a African american female, the other was a shared dumb political meme.
Neither of us are lawyers, but I doubt you could win in court with the "The sexist tweet was about a white woman" defense especially when the much more logical explanation is Mac was expensive to a company who is financially struggling.

I'd like to introduce you to the concept of "at-will" employment.


cAllEr BoB, eSQuirE


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 1:04 pm 
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Caller Bob wrote:
Boilermaker Rick wrote:
Caller Bob wrote:
One was a direct attack on a African american female, the other was a shared dumb political meme.
Neither of us are lawyers, but I doubt you could win in court with the "The sexist tweet was about a white woman" defense especially when the much more logical explanation is Mac was expensive to a company who is financially struggling.

I'd like to introduce you to the concept of "at-will" employment.

This is JLN levels of legal analysis

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:28 pm 
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Bagels wrote:
Mac, can you post your contract here so we can see if you have a chance in court ?

:lol:


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:32 pm 
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I didn't look too much into it but Levine's tweet seemed like a mistake, like he posted the wrong picture. Kinda different.


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:34 pm 
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rogers park bryan wrote:
I didn't look too much into it but Levine's tweet seemed like a mistake, like he posted the wrong picture. Kinda different.


Well, yeah. Bruce isn't a right winger or Trump fan, so it makes no sense.


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:34 pm 
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spmack wrote:
I hear he's available.

Image


My god that would be glorious.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:35 pm 
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sjboyd0137 wrote:
spmack wrote:
I hear he's available.

Image


My god that would be glorious.


Who is that? Tom Share?


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:36 pm 
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Caller Bob wrote:
Boilermaker Rick wrote:
Caller Bob wrote:
One was a direct attack on a African american female, the other was a shared dumb political meme.
Neither of us are lawyers, but I doubt you could win in court with the "The sexist tweet was about a white woman" defense especially when the much more logical explanation is Mac was expensive to a company who is financially struggling.

I'd like to introduce you to the concept of "at-will" employment.


My point was he doesn’t have a statutory claim, ie discrimination. His only potential cause of action is contractual.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:37 pm 
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Caller Bob wrote:
sjboyd0137 wrote:
spmack wrote:
I hear he's available.

Image


My god that would be glorious.


Who is that? Tom Share?


Pun C. Hmehard

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:40 pm 
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Caller Bob wrote:
sjboyd0137 wrote:
spmack wrote:
I hear he's available.

Image


My god that would be glorious.


Who is that? Tom Share?


Noted member of the CFMB Bar Society, one time Bears podcaster with Robin Earl, and noted Angel of Death interviewer, one David Spada, Esquire.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:47 pm 
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David "shoulda been" Spade...amirite?


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 2:53 pm 
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Caller Bob wrote:
David "shoulda been" Spade...amirite?


Teinowitz?

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 8:02 pm 
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Dear Beardown


Mac's wife is an attorney, trust me, you arent inventing nuclear power with this take.



p.s. Harry T really winds up the big winner here, I feel bad his father passed away, but how much do you think he inherited. That guy is probably 8 figures on the street liquid.


Just cash those dividend checks, take care of your health and raise your kids. Harry T making cash the old fashioned way (much like Parkins will- INHERIT IT!!!!!!!)

later
sabu

p.s. I was also thinking if I was in Parkins' shoes after college and told my parents I wanted to take a year off to play online poker and be a dope smoking fuck, I wonder what branch of the armed forces recruiting office I would have been thrown out of my late fathers Park Avenue as he slowed to 25 MPH and informed me to roll with the impact.


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 8:06 pm 
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sabu wrote:
Dear Beardown


Mac's wife is an attorney, trust me, you arent inventing nuclear power with this take.



p.s. Harry T really winds up the big winner here, I feel bad his father passed away, but how much do you think he inherited. That guy is probably 8 figures on the street liquid.


Just cash those dividend checks, take care of your health and raise your kids. Harry T making cash the old fashioned way (much like Parkins will- INHERIT IT!!!!!!!)

later
sabu

p.s. I was also thinking if I was in Parkins' shoes after college and told my parents I wanted to take a year off to play online poker and be a dope smoking fuck, I wonder what branch of the armed forces recruiting office I would have been thrown out of my late fathers Park Avenue as he slowed to 25 MPH and informed me to roll with the impact.


I never said I was inventing nuclear power with this take. Yeah, good for Mac. His wife is an attorney. So she might give him a discount to take on this case. Then again, she might charge him double. Who knows?


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 8:23 pm 
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sabu wrote:
Dear Beardown


Mac's wife is an attorney, trust me, you arent inventing nuclear power with this take.



p.s. Harry T really winds up the big winner here, I feel bad his father passed away, but how much do you think he inherited. That guy is probably 8 figures on the street liquid.


Just cash those dividend checks, take care of your health and raise your kids. Harry T making cash the old fashioned way (much like Parkins will- INHERIT IT!!!!!!!)

later
sabu

p.s. I was also thinking if I was in Parkins' shoes after college and told my parents I wanted to take a year off to play online poker and be a dope smoking fuck, I wonder what branch of the armed forces recruiting office I would have been thrown out of my late fathers Park Avenue as he slowed to 25 MPH and informed me to roll with the impact.

sabu, what would your father had done if you had gone on the radio and talked about the need to take Blue Chew to get it up for your wife while you were still in your 30s?

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 10:41 pm 
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I would think that given his history he may have language in his contract that specifically allows them to can him immediately if he messes up.

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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 10:46 pm 
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OldSchoolScoreFan wrote:
I would think that given his history he may have language in his contract that specifically allows them to can him immediately if he messes up.


My point is "Did he mess up?" I'm not so sure that he did.

And I'm suggesting that he go to court to figure that out.


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 Post subject: Re: Sue the SCORE, Mac
PostPosted: Wed Sep 16, 2020 10:57 pm 
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If Steven A. Smith posts that about Cam Newton during one of Cam's postgame conferences, does Steven A even get suspended?

If Jim Rome posts that about Cam Newton, does he get fired?

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