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Message: [QUOTE="8893, post: 2625980, member: 93"] Oh I agree he can get arbitration if he wants it; if I were representing him I would most likely advise him to opt for court instead. The question for me--and I don't know the answer--is whether the commission of a "just cause" offense gives University the option to terminate him at any time of its choosing, even if it sits on it for months (or more) after its discovery of the offense(s) and awaits his season-end performance to exercise that option. To my mind, that creates an opening for the argument that the "just cause" offense was not the reason for the termination, and that poor performance, which is not grounds for termination (without pay) was the real reason. If there is a prior history of the University tolerating similar or worse offenses, that could also affect the analysis. I know the discrimination context is not directly applicable to strict contract analysis (and I don't want to go down the discrimination road), but I wonder if those circumstances couldn't form the basis for a claim by Ollie that the University breached the covenant of good faith and fair dealing by using the pretext of a technical "just cause" offense, on which it sat, to fire him for poor performance, which is not a fireable offense under his contract. In other words, if the "just cause" offense(s) is/are the real reason they are firing him, why didn't they fire him when they first learned of the offense(s)? If I was KO, I think I would rather have a judge and jury decide those issues than an arbitrator. [/QUOTE]

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