Here you go....
James Franklin and Bob Shoop could start the 2018 season in a court room -- and not on the football field.
If Penn State's breach of contract lawsuit against Shoop makes it to trial, it's projected to take place in August 2018, according to court documents filed Thursday in U.S. Middle District Court.
And Franklin would likely play an integral role.
PSU and Shoop both listed him among the parties it will involve in their cases.
Penn State claims Shoop breached his contract and owes the university $891,856, after he resigned Jan. 10, 2016 to take a similar position at the University of Tennessee.
Shoop has filed a counterclaim in which he says he left because conditions were intolerable, and he experienced a hostile work environment. He's seeking dismissal of PSU's suit.
Penn State says it will involve the following individuals in its case: Franklin, athletic director Sandy Barbour, Tennessee head coach Butch Jones, former Vols athletic director Dave Hart and Trace Armstrong, who was Shoop's agent when his contract with the Nittany Lions was drafted. Armstrong is also Franklin's agent.
Shoop's list includes Franklin, his wife Fumi, Shoop and his wife Maura, current Penn State defensive coordinator Brent Pry, Barbour and Joseph J. Doncsecz, vice president for finance and corporate controller at Penn State.
This is Penn State's summary of the case in the court document:
- Shoop was hired as an assistant coach on Jan. 15, 2014, with a base salary of $600,000.
- A new three-year contract was executed March 6, 2015, as defensive coordinator at a salary of $850,000 with an additional annual guarantees payment of $150,000 as long as he was employed as an assistant coach.
- It provided if Shoop resigned, he would pay liquidated damages of 50 percent of his base salary for the remaining term of the contract. The exception would be if Shoop became a head coach within one year.
- Shoop became an assistant coach at Tennessee on Jan. 11, 2016, at a base pay of $245,000 and an annual supplemental pay of $905,000.
- As part of his contract with Tennessee, he agreed he was solely responsible for satisfying any buyout or liquidated damages with Penn State.
- Prior to his resignation at Penn State, Shoop publicly acknowledged his satisfaction with his employment there.
- At no time was Shoop threatened, demoted, subjected to a reduction in pay, involuntarily transferred or given unsatisfactory performance evaluations.
This is Shoop's summary of the case:
- Shortly after he was "forced" to sign the employment contract in March 2015, working conditions became intolerable and he experienced a hostile, negative work environment.
- "On or about Jan. 10, 2016, Shoop was constructively discharged/terminated from, or forced or compelled to leave, his employment with Penn State," thus breaching his contract."
- The liquidated damages clause in his contract with Penn State is unenforceable and constitutes a penalty against him. Penn State did not suffer any damages by him leaving.
Facts both parties say are in dispute:
- Whether Shoop experienced intolerable working conditions at Penn State such that he was forced to leave his employment.
- Whether Shoop experienced a hostile, negative work environment during his course of employment at Penn State.
- Whether Penn State suffered damages as a result of the ending Shoop's employment.
Legal issues listed as in dispute:
- Whether the liquidated damages provision of Shoop's contract is legally enforceable.
- Whether Shoop was constructively discharged.
- Whether a reasonable person in Shoop's position would have felt compelled to resign.
BTW, Shoop DID SAY he was fired without cause effective immediately and PSU stopped paying him in violation of the contract as evidenced by paystubs! (He also registered a counter claim that PSU owes him $75K under the "Reciprocal Liquidated Damages Clause"). IOW, he has absolutely made the claims you say he has not made - go figure!
