Arbitrator rules in Ollie's favor re: protections

[formerlurker]

When a Manager goes to fire someone in the corporate sector the first thing that’s usually done is you obtain reports on their internet, computer and email usage. It may not be why you want to fire someone but often a clear violation of company policy is documented electronically and attorneys may advise to use those grounds since it’s so indisputable. One can argue if this is morally right or wrong but it’s legal and happens every day.

This is true.

 

[Da_Aisijimo_Gou]

When a Manager goes to fire someone in the corporate sector the first thing that’s usually done is you obtain reports on their internet, computer and email usage. blah blah blah

True dat. Entirely aside from L'affaire Ollie, same same likely applies if typical HR policies are followed in 2019 and employees' actions create support to be removed. Quite frankly, potentially even with many union-represented employees of publicly-funded universities using state-funded and/or university foundation-funded hardware.

Odds on most of you employed-Boneyarders not being reasonbly eligible to be shiite canned for (mis)use of your/their employer's hardware?

 

[Zissou]

Split the baby at $6M and end it for their mutual interests and risk management.

 

[Madmannsucks]

Really-did you type this from a work computer?

 

[huskymedic]

Direct Link

 

[CL82]

Direct Link

Hmmm this just popped up now? Convenient.

Here's the money line IMO:

The committee noted the impermissible benefits resulted in the student-athletes competing while ineligible. The former head coach denied knowing that the student-athletes trained with the trainer, but the committee found that multiple individuals corroborated that the head coach knew about both the on- and off-campus training.

Sure sounds serious.

 

[HuskyHawk]

True dat. Entirely aside from L'affaire Ollie, same same likely applies if typical HR policies are followed in 2019 and employees' actions create support to be removed. Quite frankly, potentially even with many union-represented employees of publicly-funded universities using state-funded and/or university foundation-funded hardware.

Odds on most of you employed-Boneyarders not being reasonbly eligible to be shiite canned for (mis)use of your/their employer's hardware?

Most non union people are employees at will who can be fired at any time anyway. You build the case as a firewall against claims that you fired them for some impermissible reason and not at will.

 

[Da_Aisijimo_Gou]

Most non union people are employees at will who can be fired at any time anyway. You build the case as a firewall against claims that you fired them for some impermissible reason and not at will.

Of course as acknowledged, but union-represented employees in general potentially mis-using publicly funded hardware?

 

[Yorkeez4]

Could someone with legal knowledge explain to me how the UConn contract with KO enters into the arbitration hearing in concert with the wording of the union contract?

I find it interesting that so many posters say UConn should settle as if KO would accept a settlement - word on the street is that they made an offer and KO did not even counter - what makes you think he would settle now.

My feeling is UConn should not offer more than a years salary since KO was already paid for two years in which he did not do his job. Sure he showed up for work but he did nothing t do his job.

 

[CL82]

I find it interesting that so many posters say UConn should settle as if KO would accept a settlement - word on the street is that they made an offer and KO did not even counter - what makes you think he would settle now.

Probably because the NCAA finding against him was a real shot to the nuts to his "I didn't do nuttin but if I did it weren't much" argument. I would think, at this point, his representation should encourage him to take advantage of any opportunity to exit gracefully. But who knows, right?

 

[David 76]

I don't think so. He had to go because of the losing. The question was whether they were going to pay him or not.

In any event, I think the thing a lot of people have a problem with is the feeling that he would have stayed if he was winning, even with the NCAA violations.

Agree. Everyone is shocked that a violation is being used to get rid of a bad employee. Because that never happens. I have no problem with it because it is real.
But I still think we would have been stuck with Ollie at least another year without his gift.

 

[UCDaveD]

"I didn't do nuttin but if I did it weren't much"

Loooooooooool

 

[crewbear742]

When a Manager goes to fire someone in the corporate sector the first thing that’s usually done is you obtain reports on their internet, computer and email usage. It may not be why you want to fire someone but often a clear violation of company policy is documented electronically and attorneys may advise to use those grounds since it’s so indisputable. One can argue if this is morally right or wrong but it’s legal and happens every day.

So we agree then. UConn seeks to get the arbitrator to decide this case based upon a premise that UConn knows to be a lie.

 

[selles]

So we agree then. UConn seeks to get the arbitrator to decide this case based upon a premise that UConn knows to be a lie.

Two different things can be true at the same time.

 

[AZHuskiePop]

I’m not a lawyer but i’ve Spent a career in manufacturing management
and have been through the grievance process many times.
I’ve never seen management win a grievance when the person factually proves his violation was an accepted past practice. The first rule in a Union is everyone gets treated equally.
Having said that the situation where Ollie has a separate contract is never an issue. If the ruling establishes the Collective Bargaining contract

This is true.

Not in a union case unless that’s established past practice or specifically worded in the contract.
In a Union contract the goal is to treat everyone equally.
A non union worker is fair game for anything unless it’s expressly forbidden in their contract. The % of workers with contracts is typically very small.

Most non union people are employees at will who can be fired at any time anyway. You build the case as a firewall against claims that you fired them for some impermissible reason and not at will.

You rarely fire someone unless you have built a paper trail of his/her non performance. Its actually fair to the worker and protects the manager.
Stuff like Reviews ,written warnings etc.
Especially if that person is older or can come back with a discrimination lawsuit.
I’ave seen a couple of guys in their 50’s sue over age and the company settled.
Sometimes it’s cheaper.
I also remember a colleague who moved from a different country to become VP of Sales. , that job became redundant in a meager. Word was he was gone until he walked in the presidents office with a copy of the Jourrnal. A lead article just happened to be about a guy who was similarly relocated and fired who had won a multi million settlement .
They somehow found him a job until he retired

 

[crewbear742]

Two different things can be true at the same time.

If that was case, then people wouldn't be sitting around with clenched sphincters waiting for an incriminating e-mail to drop into the public domain. The truth is only fearful when you need to avoid it.

 

[8893]

Agree. Everyone is shocked that a violation is being used to get rid of a bad employee. Because that never happens. I have no problem with it because it is real.
But I still think we would have been stuck with Ollie at least another year without his gift.

I am well familiar with papering the file and yes it happens all the time.

I also remember very well how dire our on-court issues had become and that Ollie had been given an ultimatum by Benedict at the end of the prior season that things had to improve. We were told that resulted in Ollie's jettisoning of Miller as a scapegoat. I also remember many posters reporting mid-season that Hurley was already being recruited to take Ollie's place. People like @superjohn with some very specific information on that front iirc.

I doubt we'll ever know, but I don't think there was a chance in hell of Ollie returning for another season. And I think almost everyone agrees that that was the right result, no matter how reached.

 

[David 76]

I am well familiar with papering the file and yes it happens all the time.

I also remember very well how dire our on-court issues had become and that Ollie had been given an ultimatum by Benedict at the end of the prior season that things had to improve. We were told that resulted in Ollie's jettisoning of Miller as a scapegoat. I also remember many posters reporting mid-season that Hurley was already being recruited to take Ollie's place. People like @superjohn with some very specific information on that front iirc.

I doubt we'll ever know, but I don't think there was a chance in hell of Ollie returning for another season. And I think almost everyone agrees that that was the right result, no matter how reached.

At what point was UConn aware of the violations? KO's firing is not the date. When did Ollie lie to them? Did that precede talking with Hurley?

Yes there was talk that he had to go. There was also talk that we could not afford to fire him. Usual BY back and forth as I remember.

 

[8893]

At what point was UConn aware of the violations? KO's firing is not the date. When did Ollie lie to them? Did that precede talking with Hurley?

All very good questions. I don't the answers. I'm also guessing that the "talking" with Hurley likely began with back channels that would be difficult to trace without putting Hurley under oath and I don't they've gone down that road...yet.

Yes there was talk that he had to go. There was also talk that we could not afford to fire him.

Yep. That's exactly the point if you want to establish pretext, no?

 

[tcf15]

New court filings in case of Kevin Ollie vs. UConn call for depositions from Jalen Adams, former coaches

New filings related to the arbitration process involving UConn and former men’s basketball coach Kevin Ollie show that both sides in the case plan to depose of several more people including former standout Jalen Adams and his father.

www.courant.com

The university has requested to depose Adams, who played four years at UConn including three under Ollie, averaged 16.9 points last season before graduating. The Roxbury, Mass. native was recruited by Ollie after playing in high school at Brewster Academy. UConn, the defendant in the case, also seeks to depose of Adams’ father, Shawn. The school has also requested depositions of former strength and conditioning coach Travis Illian, former recruit Shawn Olden who went on to play for TCU, Chris Wright who is the stepfather of former recruit James Akinjo, and Brandon Williams, another former recruit.

Illian was hired by Ollie after meeting through mutual friends and he spent four seasons at the school.

The UConn professors union made its own series of deposition requests in recent days: former coaches Karl Hobbs and Raphael Chillious, as well as former associate athletic director Angie Cretors.

 

[CL82]

So we agree then. UConn seeks to get the arbitrator to decide this case based upon a premise that UConn knows to be a lie.

No, Kevin Ollie is trying to get the arbiter to force UConn to pay him $11m to which he is legally not entitled. His strategy appears to be:
1. Denying conduct for which an independent third party regulatory agency has already found that he committed and lied about, or
2. Claiming discrimination.

But you knew that, right?

 

[upstater]

New court filings in case of Kevin Ollie vs. UConn call for depositions from Jalen Adams, former coaches

New filings related to the arbitration process involving UConn and former men’s basketball coach Kevin Ollie show that both sides in the case plan to depose of several more people including former standout Jalen Adams and his father.

www.courant.com

The university has requested to depose Adams, who played four years at UConn including three under Ollie, averaged 16.9 points last season before graduating. The Roxbury, Mass. native was recruited by Ollie after playing in high school at Brewster Academy. UConn, the defendant in the case, also seeks to depose of Adams’ father, Shawn. The school has also requested depositions of former strength and conditioning coach Travis Illian, former recruit Shawn Olden who went on to play for TCU, Chris Wright who is the stepfather of former recruit James Akinjo, and Brandon Williams, another former recruit.

Illian was hired by Ollie after meeting through mutual friends and he spent four seasons at the school.

The UConn professors union made its own series of deposition requests in recent days: former coaches Karl Hobbs and Raphael Chillious, as well as former associate athletic director Angie Cretors.

Might as well give Mark Emmert a front row seat to the festivities.

 

[CL82]

The professors union was previously granted the right to depose of former UConn basketball players Ray Allen, Terry Larrier, Sterling Gibbs and Rodney Purvis, as well as former coaches Ricky Moore, Dwayne Killings and Kevin Freeman. Others on the list to be deposed of were former athletic director Warde Manuel, former recruit James Akinjo and his guardian Rachel Kackson, as well as his stepfather Chris Wright, former player development coach Danny Griffin and former audio/visual coordinator Dave Sevush

Uh, Ray, UConn didn't ask for you to be deposed. Ollie did.

Maybe you ought to rethink who you are angry with.

 

[huskymedic]

>> The professors union was previously granted the right to depose of former UConn basketball players Ray Allen, Terry Larrier, Sterling Gibbs and Rodney Purvis, as well as former coaches Ricky Moore, Dwayne Killings and Kevin Freeman. Others on the list to be deposed of were former athletic director Warde Manuel, former recruit James Akinjo and his guardian Rachel Kackson, as well as his stepfather Chris Wright, former player development coach Danny Griffin and former audio/visual coordinator Dave Sevush.<<

 

[ConnHuskBask]

What a mess.