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Old 11-12-2007, 06:09 PM   #31
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not really that it matters, but if the authorities aren't in town, and there is still the chance of a higher offer from the other bidder, and nothing is in writing, it seems to me that you're more in a position of negotiation than of merely reducing it to writing.

also, i don't buy your clandestine version of events. that there was ongoing negotiations seems more reasonable than that kwhit made an agreement on actual terms and while it was being prepared came back to ask for more money.
You don't need to "buy" my version of events. They effect my opinion of Kyle but you don't know me so they shouldn't effect yours.
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Old 11-12-2007, 06:09 PM   #32
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Not to pick at nits or anything, but I'd think you'd find your attempts at smack would be much better if you didn't perpetually sound like a sixth grader who mistakenly found his way into a strip club.
Just trying to keep the smack talk at a level a Ute-educated person can understand.
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Old 11-12-2007, 06:11 PM   #33
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My obsession? LMFAO!! Yeah, I am so obsessed with Utah and Kryle that I just heard about the onside kick this morning, and made one post on Cougarguard about it. Which you and your fellow yewtards are getting your gstrings in a knot about.
sweet zing with gstings in a knot.

i was not referring to you personally, but coug fans who are having such an emotional response to the onside kick issue. it was wrong, but it is being blown out of proportion on these message boards - by both sides.
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Old 11-12-2007, 06:12 PM   #34
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Do you?

I've been involved with some, but only as it relates to larger deals in general. The general point remains, though: until it's in writing, I don't consider the deal done, and therefore I have no problem with Kyle walking out for more money. He's self-interested, and if you (a generic you - not you personally) don't allow for that in negotiations when another offer comes up and before you have his signature, you're not being realistic. I do not deny that his actions had at least the potential for bad blood, although I don't know if any exists or not.
I do. Almost every employment contract I've been involved with has been worked out between the principals prior to coming to us. Then gets drafted but not renegotiated. I think only in the most complex employment contracts do renegotiations take place and, even then, not with regards to major terms like compensation.

Of course, it is hard to enforce an unwritten contract...then again, it is no less a contract for being unwritten.
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Old 11-12-2007, 06:13 PM   #35
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You don't need to "buy" my version of events. They effect my opinion of Kyle but you don't know me so they shouldn't effect yours.
i can tell.
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Old 11-12-2007, 06:16 PM   #36
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I do. Almost every employment contract I've been involved with has been worked out between the principals prior to coming to us. Then gets drafted but not renegotiated. I think only in the most complex employment contracts do renegotiations take place and, even then, not with regards to major terms like compensation.

Of course, it is hard to enforce an unwritten contract...then again, it is no less a contract for being unwritten.
yes, but only if there is clear assent to all of the terms as discussed. it happens often when reducing an agreement to writing that there are other terms that come up that need further negotiation. it could be incentive packages that just weren't discussed, but i'll grant you that it is very rarely a base salary issue that needs to be renegotiated.
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Old 11-12-2007, 06:18 PM   #37
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yes, but only if there is clear assent to all of the terms as discussed. it happens often when reducing an agreement to writing that there are other terms that come up that need further negotiation. it could be incentive packages that just weren't discussed, but i'll grant you that it is very rarely a base salary issue that needs to be renegotiated.
Like I said, they had agreed on the deal and Kyle came back with a new main number. Interestingly, I was told it wasn't far above the originally agreed deal with the Y.
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Old 11-12-2007, 06:20 PM   #38
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I do. Almost every employment contract I've been involved with has been worked out between the principals prior to coming to us. Then gets drafted but not renegotiated. I think only in the most complex employment contracts do renegotiations take place and, even then, not with regards to major terms like compensation.

Of course, it is hard to enforce an unwritten contract...then again, it is no less a contract for being unwritten.
Enforceability is my precise point - a contract is completely worthless if it isn't enforceable. Until I have a piece of paper in my hand that I can waive in front of a judge and get damages with, any deal that is worked out orally is irrelevant from a practical standpoint, no? Sucked for BYU (at the time) but them's the breaks, and they would have been extremely shortsighted not to consider the possibility of him ignoring prior oral agreements and jumping to greener pastures if said greener pastures became available.

In any event, it's apparent that employment law is different that the business law I practice - people are very careful about not binding themselves to things until documents are signed.
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Old 11-12-2007, 06:22 PM   #39
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Enforceability is my precise point - a contract is completely worthless if it isn't enforceable. Until I have a piece of paper in my hand that I can waive in front of a judge and get damages with, any deal that is worked out orally is irrelevant from a practical standpoint, no? Sucked for BYU (at the time) but them's the breaks, and they would have been extremely shortsighted not to consider the possibility of him ignoring prior oral agreements and jumping to greener pastures if said greener pastures became available.

In any event, it's apparent that employment law is different that the business law I practice - people are very careful about not binding themselves to things until documents are signed.
Employment law generally includes at least one unsophisticated party so it is vastly different than M&A work or key employee work.
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Old 11-12-2007, 06:26 PM   #40
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i am curious, does anybody know what bronco's salary is?
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