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yk9001

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17 hours ago, Taylor said:

What is it with wealthy public figures blatantly lying and filing baseless lawsuits, when anyone with half a brain can see the truth in front of them?

I have a legal question here. I know @calscufis a lawyer. I seem to remember that you are as well. Why wait to file this lawsuit? If the firing was indeed wrongful, wouldn't it be better to file that suit right away? Perhaps something in the termination agreement that the Astros and MLB didn't live up to?

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33 minutes ago, Jeremiah said:

I have a legal question here. I know @calscufis a lawyer. I seem to remember that you are as well. Why wait to file this lawsuit? If the firing was indeed wrongful, wouldn't it be better to file that suit right away? Perhaps something in the termination agreement that the Astros and MLB didn't live up to?

Ha, I'm not a lawyer. I think you're confusing me with @wopphil.

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37 minutes ago, Jeremiah said:

I have a legal question here. I know @calscufis a lawyer. I seem to remember that you are as well. Why wait to file this lawsuit? If the firing was indeed wrongful, wouldn't it be better to file that suit right away? Perhaps something in the termination agreement that the Astros and MLB didn't live up to?

I don't think this guy got a french fry stuck in his throat at a whataburger. This isn't in @calscuf's wheelhouse

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22 hours ago, Taylor said:

Ha, I'm not a lawyer. I think you're confusing me with @wopphil.

I haven’t read much about this, but I’d guess the issue is purely whether Luhnow’s conduct allows the Astros to terminate him “for cause.” “Cause” is typically defined by the employment contract, and it often requires somewhat egregious conduct (e.g., a felony offense, refusal to follow the employer’s lawful directives, etc.). “Cause” also often includes “acts of dishonesty” of fraud, or similar language. Under most employment contracts, when a termination is “for cause,” the employer is not liable for future salaries. When the termination is without cause, the employer typically must pay all remaining salary. 

I am guessing this is all a dispute over whether or not Luhnow’s alleged conduct rises to the level of “cause.” If the Astros lack evidence that Luhnow played a role in the sign stealing or otherwise knew about it and refused to take action, they may struggle to establish cause. 

As for the question of why wait, I don’t know. Perhaps Luhnow felt it was best to wait until his suspension ended to evaluate his employment prospects (to defend against a claim that he failed to mitigate his damages). Or perhaps the parties quietly tried to resolve things but weren’t able to do so. I don’t know the statute of limitation on a breach of contract in TX, but it’s 4 years in CA. If TX is similar, then Luhnow has plenty of time to prosecute his claims. 

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