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BREACH OF CONTRACT

This is comical. The folks that want Hauck's hide sound like scorned lovers. They just won't listen to the voice of experience. If you know a double dipper (eg retire from military with full pen, 20 years later retire from Post Office with full pen) you'd know how foolish your position really is. Get over the butt hurt and move on with the rest of us.
 
i just tried to figure out montana state employee's effective retirement date after the person's last day of work. the answer i got was that the effective retirement day is the first day of the month after the month they retire. so for hauck the effective retirement date might not be until march 1st.

it's just an ai answer and i'm not sure whether it really applies to this situation, so take it for what it's worth...
 
horribilisfan8184 said:
This is comical. The folks that want Hauck's hide sound like scorned lovers. They just won't listen to the voice of experience. If you know a double dipper (eg retire from military with full pen, 20 years later retire from Post Office with full pen) you'd know how foolish your position really is. Get over the butt hurt and move on with the rest of us.
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Gotta Love the counsel of a fake internet attorney :rolleyes:

Would love to year your expert opinion on how double dipping a pension has literally anything to do with this whatsoever…
 
argh! said:
i just tried to figure out montana state employee's effective retirement date after the person's last day of work. the answer i got was that the effective retirement day is the first day of the month after the month they retire. so for hauck the effective retirement date might not be until march 1st.

it's just an ai answer and i'm not sure whether it really applies to this situation, so take it for what it's worth...
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Totally not relevant. Pay start day doesn't matter to retirement date .
 
gotgame75 said:
Gotta Love the counsel of a fake internet attorney :rolleyes:

Would love to year your expert opinion on how double dipping a pension has literally anything to do with this whatsoever…
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If you don't understand stand retiring from one govt job and immediately starting another govt job having relevance to Bobby doing the exact same thing here, there's no hope for you.
 
To recover damages for a breach of contract, you must show:
  1. There was a valid contract
  2. The other party breached it
  3. The breach caused your losses
  4. The losses were foreseeable
  5. The damages can be proven
  6. You performed your part (or were excused)
If even one of these elements is missing, courts typically will not award damages.
 
DayLaw said:
I have read it. I think you are clueless but I’d definitely love to litigate it against your so called 45 years of experience. I think it calls for arbitration anyways but still it’s an absurd notion you are putting forth. Most coaches would never have to pay a buyout to go to a better job they would just “retire”. Just not how it works.
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mthoopsfan said:
That

That’s not correct. If he quit-announced, and then got a new job, that is fine. If he lined up a new job ahead of quitting, that is likely a breach. Let’s bet $100 on what I just posted.
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Are you betting that there had to be a breach?

Under the contract Hauck had the right to terminate early, but the contract has an automatic liquidated damages clause, with exceptions if the early termination is for retirement, death or disability.

There did not need to be a breach for the liquidated damages provision to apply. It applies automatically because there was an early termination. The issue is simply the calculation of the liquidated damages.

At best 7 days of Bobby’s early termination was due to retirement, but the balance of the time left on the early termination of his contract is not due to his retirement. Whether he breached the contract is only relevant to the extent UM does not want to give him credit for the 7 days.
 
Montanabob said:
Totally not relevant. Pay start day doesn't matter to retirement date .
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no, but pay end day appears to, in some instances. for example, when somebody 'retires' but subsequently uses their accrued leave, etc...

not sure where you got that i said anything about start date. maybe i miswrote
 
We all saw it play out. From a Griz fans perspective, its done, its over. BH will have to deal with the legal problems, if there are any. The damage to his legacy and reputation is done. Remember the Hillary moment after Benghazi? I can't stand her, but the quote will live in infamy:

 
GriznMN said:
Can someone point to the damages caused by Bobby's retirement?
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Timing of his departure is the only unfortunate thing that I can see. If he had left within a week or two after the season there would have been no excuse to not do a wide search. The timing of his leaving left university leadership feeling like they had minimal options.

Edit. I may have misunderstood the question. Damages are breach of contract, if there are grounds. The university is bound by contract to pay the coach for a set period of time, and the coach is bound by the contract to perform their services for that period. The damages are likely to be defined as “immeasurable”.
 
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The damages are perception, an individual thing. My view will not be the same as your view. Its not like he wrecked the Cadillac, where we all can see the crumpled remains and point to them and say, "SEE?!!!!"
I may be wrong, but at this point, thats my opinion. BK may show me I was FOS, and I hope he does. He's got ten to eleven months to do it in.
 
indiancoyote said:
The University was forced to spend state funds through the hiring process.
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How so? Since it was an internal hire, there was likely no consulting firm hired.

Were there fees for a background check? I'd assume that was done when BK was hired as a position coach. Overtime for non-exempt employees for the late night meetings?
 
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