Twitter: Zeke posts on twitter in reply to official Cowboys tweet on Mike Weber

[Ranching]

If you own a cabinet shop and get paid up front to install kitchens cabinets in a house, then you can indeed be forced to finish the work by a court of law.

Zeke took a signing bonus that is part of his overall contract. He can't just quit without paying back 1/4 of it which is the amount tied to the 2019 season.

The government ordered 13,000 air traffic controllers to resume working when they went on strike in 1981. Most of them refused and 11,345 were fired and banned for life when they didn't return.

I have a great cabinet guy! I need to ask him if he can play running back!

 

[Outlaw Heroes]

If you own a cabinet shop and get paid up front to install kitchens cabinets in a house, then you can indeed be forced to finish the work by a court of law..

Typically not. The customary remedy is monetary damages (in this case, a return of the upfront payment, together with any additional sum the plaintiff would require in order to put him/her in the position he/she would have been in if you had completed the job as agreed). An award of specific performance is rare and requires, among other things, that the plaintiff show there is something unique and irreplaceable in your services.

In any case, one needs to be careful to distinguish the obligations of a cabinet making shop from any particular cabinet maker working for that shop. A mandatory injunction awarding specific performance against a particular cabinet maker is more sensitive given that it raises additional issues relating to slavery and touching on basic personal freedoms.

Zeke took a signing bonus that is part of his overall contract. He can't just quit without paying back 1/4 of it which is the amount tied to the 2019 season.

Ok. (Not really germane to this discussion.)

The government ordered 13,000 air traffic controllers to resume working when they went on strike in 1981. Most of them refused and 11,345 were fired and banned for life when they didn't return.

1. Air traffic controllers fall within a special class of persons who provide essential services, such that there are special policy reasons that would justify government intervention putting an end to an otherwise lawful strike or work stoppage.

2. It was their union that was ordered back to work. The very ability of 11,345 of them to personally refuse going back without legal sanction confirms the point. They were of course subject to professional sanction but that’s because, without cover of a legal strike, their refusal was a breach of the terms of their employment. In any case, it’s one thing to be able to fire someone (or impose other financial or professional penalties) for refusing to do a job and quite another thing to be able to force them to do the job.

 

[xwalker]

Typically not. The customary remedy is monetary damages (in this case, a return of the upfront payment, together with any additional sum the plaintiff would require in order to put him/her in the position he/she would have been in if you had completed the job as agreed). An award of specific performance is rare and requires, among other things, that the plaintiff show there is something unique and irreplaceable in your services.

In any case, one needs to be careful to distinguish the obligations of a cabinet making shop from any particular cabinet maker working for that shop. A mandatory injunction awarding specific performance against a particular cabinet maker is more sensitive given that it raises additional issues relating to slavery and touching on basic personal freedoms.



Ok. (Not really germane to this discussion.)



1. Air traffic controllers fall within a special class of persons who provide essential services, such that there are special policy reasons that would justify government intervention putting an end to an otherwise lawful strike or work stoppage.

2. It was their union that was ordered back to work. The very ability of 11,345 of them to personally refuse going back without legal sanction confirms the point. They were of course subject to professional sanction but that’s because, without cover of a legal strike, their refusal was a breach of the terms of their employment. In any case, it’s one thing to be able to fire someone (or impose other financial or professional penalties) for refusing to do a job and quite another thing to be able to force them to do the job.

Many residential cabinet makers are just one man on his own. Many would not have the money to reimburse the homeowner.

Obviously most homeowners would just want their money back and wouldn't want that person in their house.

Over 1000 of the air traffic controllers did return to work.

Teams normally want the player back and don't force the signing bonus issue unless the player does hold out the entire season.

Teams obviously can't force players to play but they can prevent them from playing for anyone else.

If the Cowboys wanted to play hardball they could prevent him from ever playing again if he does not show up and play for them.

 

[speedkilz88]

I'm for signing Zake and Cooper and what is left over goes to DAK.....Zeke has been 80% of the offense from day 1, a safety blanket for DAK and teams game plan around Zeke and Cooper......teams are not scared of DAK... Zeke and Cooper are home run threats... don't get me wrong I like DAK but Zeke and Cooper should be the priority

So you want to pay Dak a lot more than market value? The Cowboys have plenty of cap room to sign those 3 and others. Cooper signing actually opens up cap room.

 

[cern]

I didn't think a single holdout translated to a "work stoppage" either. That would seem to indicate something more organized, hence why the league doesn't punish individual holdouts.

you are correct. nothing he's doing can be construed as a work stoppage. it's business as usual for the cowboys. the league doesn't punish individual holdouts because that would violate labor laws. they can fine him (the team), but rarely are the fines imposed.

 

[cern]

You use very strong language for someone who obviously has no legal training. I've gently (perhaps too gently, in light of your aggressive obstinance) tried to show you that you're out of your element, correcting a number or your obvious misconceptions (including that a mandatory injunction could be issued to enforce specific performance of a personal services contract, or that the non-performing party could be jailed, both of which are remarkably ignorant statements).

In the circumstances, you should tone down your rhetoric. 'Anyone with an understanding of the law' would recognize in a New York minute that you have none. The correct thing to do would be to leave this to those who do. Instead, you posture and project your own failings onto others. I'm done discussing this with you. You're simply unqualified.

I in fact have a law degree from smu. received it in the mid 80's. you seem to now be initiating a strawman response. so good to hear the conversation is now closed.

 

[Zekeats]

Plus you have the whole their getting paid obscene money to play a game thing.

I'll never side with the players. They are spoiled rotten and entitled.

I'll never side with the owners. They are spoiled rotten and entitled and monopolized. No difference than a Walmart knocking out every mom and pop store in the country. No difference than Madden getting the rights to create the only football game with the licensing (we all know 2k would put madden out of business).
Oh yeah, I never seen an owner go bankrupt when probably more than half the players do, and make no mistake about the salary cap, it was agreed upon by the owners so they wouldn't have to shell out money uncontrollably, don't believe the equal playing ground they preach.

 

[Teeroy]

weber is basically Darren Sproles with more size.

That would be awesome

 

[Jake]

The drama in this thread continues to escalate. Soon we'll have people suggesting the FBI should force the Mexican government to extradite Zeke, meet him at the airport with shackles, drag him to Oxnard and make him "honor his contract" at gunpoint.

 

[CowboyRoy]

if they want to win any thing this season they better pay the man

When you weigh THIS year next to the 5 years after that, the choice becomes VERY clear.

 

[Staubacher]

The drama in this thread continues to escalate. Soon we'll have people suggesting the FBI should force the Mexican government to extradite Zeke, meet him at the airport with shackles, drag him to Oxnard and make him "honor his contract" at gunpoint.

I hope the Wall is built before Zeke comes back. Let him try to rough up security guards that work for the cartels