Alert: Nowak sues the union and we now know cause of termination!

The Goalkeeper dug up this nugget! http://www.philly.com/philly/blogs/thegoalkeeper/163507486.html

Check out the cause of termination section, it all makes sense now. Putting players at risk, ignoring the trainer. I guess he never plans to coach again in the US going public with this.

1. various material breaches of League Rules (including the League's Collective Bargaining Agreement), including physical confrontations with players and officials during a Team game resulting in a fine and multi-game suspension, interfering with the rights of Team players to contact the players' union with concerns, subjecting Team players to inappropriate hazing activities and engaging in behavior that put the health and safety of Team players at risk.​

2. material breaches of the Employment Agreement, including engaging in discussions regarding, and otherwise actively seeking, employment by other professional soccer teams in Europe and making disparaging remarks to third parties regarding Club, its management and its ownership.​

3. demonstrating gross negligence, including putting the health and safety of Team players at risk by requiring injured players to participate in strenuous training activities, not allowing players to have water during such activities despite temperatures in excess of 80 degrees, ignoring the advice of the head athletic trainer regarding which players are healthy enough to play in games and participate in training sessions and creating an atmosphere where medical issues should be hid from medical staff and not treated.​

4. committing actions that have reflected ill a materially adverse manner on the integrity, reputation and goodwill of Club and the Team (in the eyes of the League, U.S. Soccer, current and potential Team players, sponsors and fans), including the unusually harsh treatment of players described above, actions during Team games that have resulted in fines and suspensions, the multiple breaches of League Rules and a discussion (by you or your agent on your behalf) with the head of U.S. Soccer that was in very poor taste and left a very bad impression with U.S. Soccer.​

5. multiple incidents of insubordination with respect to the Club's Chief Executive Officer, including claiming at one point (in direct contradiction to the terms of the Employment Agreement) that he does not report to the Club's Chief Executive Officer.​

6. various material breaches of Team Rules, including creating a hostile work environment and culture of fear for Team players and other front office employees by orally berating and physically intimidating fellow employees.​

​

 

Holy shit

 

That'll be an interesting suit.

 

So instead of trade anoncements we get this??? Errrrrrrrr

 

If any of number 3 is true, then Nowak is a piece of shit. You can't deny players water during hot weather. It's completely inexcusable. Also, the other stuff sounds on point. He seems like a power-tripping douchebag.

 

Not the kind of stuff you want out when the entire league, sponsors and soccer world is coming to town.

 

not only that but if they knew about Nowak's modus operandi why give him an extension just months before you fire him? Its not like this was known about him only from December 2011 to his firing. This will go to arbitration and the union will have to pay. I hate Nowak and think he is a complete douche but a contract is a contract.

 

Moral of the story: don't piss off Gulati!

 

If anyone is interested, you now have his home address:

I'm surprised that his attorneys did not redact that.

 

Of course he was a power-tripping douchebag...and an overpaid one too. But it sure doesn't look good that the Union extended his contract and basically promoted him on December 20, 2011, less than 6 months before they ended up firing him. That looks like explicit approval of Nowak's managerial approach, unless they're claiming he completely changed his behavior toward players and staff this season (which I guess is possible but seems unlikely).

It might come down to how these clauses are interpreted:
"

Whether Club has terminated this Agreement pursuant to Paragraph III(A) or (B) [in which potential reasons for termination are spelled out] shall be determined in good faith by Club at its reasonable discretion; provided that (i) prior to terminating Manager pursuant to Paragraph III(A), Club shall specify in reasonable detail the reason Manager is being so terminated and give Manager an opportunity to respond thereto ... ​

Club shall allow Manager fifteen (15) days to cure the occurrence, except that Club shall have no obligation to provide Manager such opportunity to cure if Club determine, in its good faith judgment, that the occurrence is of a nature that is not curable or that Manager’s continued employment during a cure period could be reasonably expected to result in material harm to Club.​

"​

 

you said it way better whatI was trying to get across on the other Nowak thread. Thank you.

 

I agree. I think it was ultimately the decision to look for other work after he just signed an extension. That's not very good. I think it was that lack of commitment that got him "fired". If he doesn't look for work in Europe, he's here, regardless of record or how the players felt about him.

 

I know it was put there but the fact that you are reposting it here is just asking for trouble.

 

From whom? This was put into the public domain by his attorneys, not by the Union's attorneys.

 

close enough. nice looking neighborhood. reminds me of home.

 

From anyone on here that wants to do anything negative with it. Theres no reason for you to take that extra step. Not saying you meant any harm by it just seem unessasary.

 

Instead of getting a good DP, all the money will go to lawyers and other nonsense, hurting the club in the long-term. And that on a day when NY is picking up Tim Cahill; their 3rd DP!

 

but who's fault is that? both Nowak and the Union have something to do with it. If the guy was so horrible then don't renew his contract or don't hire him. It will go to arbitration and the attorneys will get paid well and Nowak will see a little bit of the money.

 

1 and 2 were definitely new items this year after the extension was signed. As for the others, it may be more difficult to argue those. It seems that Nowak had been hiding player injuries for some time in violation of league rules. Still, I think the Union had cause to terminate him without severance.

 

That's what so strange about the lawsuit. The contract clearly contains an arbitration provision at section XIII. Why Novak's attorney would file in federal court is unclear since the case will be dismissed and proceed to arbitration and, more than likely, this will be the only filing that will ever be in the public domain. If the intent was to win in the court of public opinion, they're going about it in a strange way. There was no reason to attach copies of the Union's reasoning.

(Disclaimer: Although I am a licensed attorney, my postings regarding this lawsuit and legal matters generally are my personal non-legal opinions and in no way reflect the position of my employer nor does it constitute legal advice.)

 

any other cynic out there (like me) believe that Nowak was sacked before the All-Star game so that they wouldn't have to pay him the $15,000 bonus for being named All-Star head coach as per the contract ( mean this half kiddingly). Many, including myself argued that he wouldn't get fired before the All-star game for various reasons, mostly to save face.

 

The contract says "selected" not "serve" as ASG coach. He may be entitled to that bonus because he was "selected". Note that the bonus would not be paid until 30 days after the ASG (8/24). The Union may not yet be in default and may have every intention of paying.

 

There you go with your fancy lawyer speak. You are absolutely right, my years of training as a bureaucrat have failed me.