Sadler to claim GEM breached their contract

[herm]

An attorney representing Elliott Sadler has filed notice in Iredell County (N.C.) court saying the NASCAR driver intends to claim that Gillett Evernham Motorsports has breached Sadler's contract to drive the Sprint Cup team's No. 19 Dodges.

John Buric, Sadler's lawyer, filed an "application and order extending time to file complaint" Wednesday in Iredell County Superior Court. Sadler has until Jan. 20 to file an actual complaint if the parties cannot reach an agreement on their dispute.

According to the form, Sadler plans to seek "injunctive relief, declaratory relief/specific performance, consequential and punitive damages as a result of Defendants anticipatory and actual breach of Plaintiffs' Driving Services Agreement. ... Plaintiffs also seek general, consequential, treble and punitive damages, and attorney fees, as a result of Defendants' tortuous interference ..."

George Gillett, Gillette Evernham Motorsports, Anthony James Allmendinger and Ray Evernham Enterprises are named as defendants.

Buric said Sadler learned on Tuesday that GEM had engaged in negotiations with Allmendinger about driving the No. 19 Dodges in 2009. Buric said there had been "communication" with Sadler earlier, telling him that a change was being considered. But he said Sadler did not know there had been actual negotiations until he received phone calls about media reports that Allmendinger was being lined up to replace him.

"Elliott is ready, willing and able to fulfill his contractual obligations," Buric said. Sadler earlier this year signed an extension of his contract with GEM that runs through 2010.

"Gillett Evernham Motorsports policy does not allow us to comment on potential or pending legal matters involving the race team," said Ryan Barry, a spokesman for the organization.

Sadler has three Cup Series victories in 357 career races. He joined Evernham Motorsports in August 2006 to drive the No. 19. He finished 25th in the 2007 driver standings and 24th in 2008.

Allmendinger has made 44 career Cup starts since moving to NASCAR from the Champ Car World Series ranks. He drove in the final five races of the 2008 season in the No. 10 Dodges owned by GEM, finishing 16th or better in four of them.


http://www.thatsracin.com/topstories/story/21643.html

[herm]

i am new to the site and was not going to post this as my first thing, but what they hey, all you can do is shoot me.  elliot has goofed up far beyond what any driver i can remember.  the situation with jeremy mayfield was not this ignorant of a move.  elliot most likely will not get another good ride and will have to settle for field filling equipment if he gets a ride at all.  this is a bad move.

[skool]

i am new to the site and was not going to post this as my first thing, but what they hey, all you can do is shoot me.  elliot has goofed up far beyond what any driver i can remember.  the situation with jeremy mayfield was not this ignorant of a move.  elliot most likely will not get another good ride and will have to settle for field filling equipment if he gets a ride at all.  this is a bad move.

 

BANG!!!!   j/k

Why is this a bad move? Yes, it is unfortunate to have to sue your employer to fulfill their contractual agreements, as that surely cannot lead to a good working environment, but what gives GM (Gillette Motorsports....what I call them.....Ray E is long gone!) the right to do what they did? 

Yeah, 'Dinger may be a good up and comer, but I'd pick Sadler over him to drive for me. Especially if I already had a contract with Sadler! Especially in these tough economic times....who would risk the cost of a lawsuit when cash is already tight?  You watch, within the next year or two, there is gonna be a major implosion of NASCAR as we know it. But sometimes you got to wipe the slate clean to start over. As it is now, NASCAR is a farce and truly SUCKS.

And herm, don't worry, as a Moderator I can tell you.....as long as you are civil, respectful (mostly) and don't use crude or vulgar language, and can agree to disagree sometimes, very few posts or posters get banned    

Welcome to our Family!

[herm]

the reason i feel it is a bad move is due to the negative p.r.   look at what happened with jeremy mayfield and the p.r. that followed.  no cup rides for him since.  who is going to want a driver who runs for a lawsuit before the door closes behind him good.  it just seems to look bad coming out this quick.  we, as the public, do not know whether george gillette bought out his contract or what the details were.  i do know that elliot had gotten out of 2 previous contracts, one with the wood brother and one with yates, but now that he has a contract broken, he cries foul.  i feel it could have been done with more class.  also, as a disclaimer, i like elliot, always have.  i just think this is a bonehead move.  he could take a class from a.j. and david stremme on how to handle losing a job to someone less qualified.  david stremme is my hero.  he was shoved to the side for an open wheeler who lasted what, half a season.  he never had a cross word.  he tested for penske and drove a nationwide car and waa laa...back in a cup car, a winning cup car.  a.j got kicked to the curb for scott speed (comments kept to self)  and never a cross word.  stayed at it.  he got another ride, i am sorry it was elliots, but if elliot had handle himself well, he could have been back in a good ride.  instead, he acts like a spoiled lil boy throwing a fit in k mart. 

[FS_Amy]

IMO, what Mayfield did was different.  He called out Ray Evernham on a personal issue.  That, more than his actual lawsuit is probably why he has had trouble finding a ride.  Well, that, and he was a driver past his prime who was never all that good to begin with.  Calling out your boss's affair with a fellow employee is probably not the best way to find favor with other potential employers, though, as a general rule.  I also feel like if what I have read is correct, then GEM should be ashamed of themselves for they way they handled things.  Would it have killed them to let Sadler know before he found out from the media?  There are these wonderful inventions called phones, they could have called him and at least fired him themselves instead of letting the media do it for them.  That is just unprofessional in every sense of the word.

[Chris]

well you know...
There's two sides to every story...
Maybe they told Elliott... Maybe they didn't.  Who's to say if they did or not.  Maybe they did tell him, and Elliott is lieing about it to try and build sympathy for his case..??
Unfortunately sympathy don't hold no water in court...
On the other hand... even if they didn't tell him... yeah.. it would of been NICE if they did.. but there's nothing saying they HAD to.  Maybe they were going to,.. but it leaked out before they got to... who knows.

I WILL say this.  I think Sadler is WASTING his money filing a law suit.  Here's why.  He's filing a suit so he gets paid, and then some extra because he 'feel's he's been 'wronged'
Now I studied law for three years in college... theres no monitary compensation for "feelings"  (boo hoo)   
What you get is what you are entitled to according to your contract... I'll agree he's entitled to that.
He's Sadlers problem.  Gillette has already AGREED that he's gonna pay out Salders contact IN FULL... so there is nothing else he's entitle to.

Here's my prediction... Gillete will keep saying what he's saying... he can't talk about an ongoing case (and thats true)
Sadler will keep preening and strutting around saying he's entitled to all this money and is gonna sue.
In the end all we will here out of it is that "it was settled and undisclosed terms" so no one can tell anything.
Sadler will end up getting exactly what his contract says he is owed, and Gillette is willing to pay him now... and Sadler will just be whizzing his cash away to a lawyer. 
Only one that'll come out ahead is his lawyer... so the longer he can convince Elliott he has a case and make Sadler think he can win a big settlement the more money his lawyer will make.
Most of this stuff is pretty simple... until you let a lawyer convince you that you can make a fortune

[FS_Amy]

On the other hand... even if they didn't tell him... yeah.. it would of been NICE if they did.. but there's nothing saying they HAD to.  Maybe they were going to,.. but it leaked out before they got to... who knows.

That may or may not be true.  If there was a clause in the contract saying that there had to be written or verbal notice of termination of contract, and Elliott wasn't told by GEM that he was being released proior to the story being leaked to the media, that may well be where the breach of contract comes into play. 

I also think that, regardless of legality, GEM really, really screwed Sadler in this deal.  If the merger goes through with Petty and they run four cars as has been reported, why do this at all-there's a fourth car!  They could have put Dinger in that and honored the contract extension THEY gave Sadler.  Also, they could have made this move several weeks ago after Dinger performed so well in the No. 10-while there were still some rides available.  This virtually assures that Elliott won't have a ride for next year, possibly not even a Nationwide or Truck Series ride-the way this was handled, it almost looks as though this was their intent.  And we all know what happens to a career if the driver has to sit out a year-it's over.  Poof.

IMO, no matter what the legalities are or may turn out to be, GEM was the bad guy here (surprise).  They have a history of treating drivers like disposable items and destroying careers in the process.  One of these days it's going to come back and bite them.

[DougS]

IMO, what Mayfield did was different.  He called out Ray Evernham on a personal issue. 

Didn't ES have some choice words for how Robert Yates was running his team after he "squeezed" out his contract with Yates.

Here's my prediction... Gillete will keep saying what he's saying... he can't talk about an ongoing case (and thats true)
Sadler will keep preening and strutting around saying he's entitled to all this money and is gonna sue.
In the end all we will here out of it is that "it was settled and undisclosed terms" so no one can tell anything.
Sadler will end up getting exactly what his contract says he is owed, and Gillette is willing to pay him now... and Sadler will just be whizzing his cash away to a lawyer. 
Only one that'll come out ahead is his lawyer... so the longer he can convince Elliott he has a case and make Sadler think he can win a big settlement the more money his lawyer will make.
Most of this stuff is pretty simple... until you let a lawyer convince you that you can make a fortune

I've been asking the question Is Elliot Sadler going to get Mayfield status? I think he's well on his way. And all this laywer stuff which will amount to absolutely nothing except will futher harden the cemet shoes he's pouring himself.

[Chris]

Amy... I hear what you are saying...but i don't think legally it makes any difference.
Just a couple points

If there was a clause in the contract saying that there had to be written or verbal notice of termination of contract, and Elliott wasn't told by GEM that he was being released proior to the story being leaked to the media, that may well be where the breach of contract comes into play.

I see your point here,.. and there COULD be a clause that says he will have to be given written notice,.. but rarely will you see that notice will have to be given before it is 'leaked' to anyone else.  As long as he is given a written notice of some sort,.. it'll fulfull the terms of the contract.
Another point... If it was "leaked" and the owners didn't do it themselves (of which it would be hard to prove) then it's almost impossible to hold them liable.  Member's almost always know what is going on inside the teams.. so ANYONE could of leaked the story.  If a crew member or anyone else leaked the story to the media, the owners can't be held liable for the acts of someone else.

I also think that, regardless of legality, GEM really, really screwed Sadler in this deal.  If the merger goes through with Petty and they run four cars as has been reported, why do this at all-there's a fourth car!  They could have put Dinger in that and honored the contract extension THEY gave Sadler.

yeah I'll agree with you here 100%... IF they end up running a fourth car.. they could of just let Sadler drive it.  I get the impression they didn't have any intention of letting Sadler drive their car this season after Allmendinger showed what he could do in a worse car at the end of the season.  IMO they had given Sadler several years to show what he could do in their equipment, and he had shown he wasn't up to the task of doing anything.  Kahne had done, especially when Elliott was there to tutor him, and AJ just jumped in the car and made it look easy.  So that just made Sadler look that much worse.
I will say one thing... I'm not sure Sadler will do any worse that Sorenson will do... but on the other hand, Sorenson has never had a good ride, so he has yet been given a real shot to prove himself,.. so Sorenson has more up-side.

Also, they could have made this move several weeks ago after Dinger performed so well in the No. 10-while there were still some rides available.  This virtually assures that Elliott won't have a ride for next year, possibly not even a Nationwide or Truck Series ride-the way this was handled, it almost looks as though this was their intent

I'll agree with you here also... unfortunately it doesn't work that way in NASCAR any more.  More and more we see drivers breaking their contracts, and lately we have started seeing owners starting to do the same.  Fans don't seem to have too much problem when a driver does it... they see it as 'just bettering their position"... But when a owner fires a driver with a contract... Oh my thats just terrible... One's just as bad as the other IMO.
From an owners point of view; after a while if a driver don't perform, a team just has to make a move and go another direction.... even if they have just signed a new contract with him.  WHY waste two more years with a "Bad" driver just because you have signed a contract.  Thats two years spinning your wheels and going nowhere.  Pay off the contract and get someone who may help get you started forward.  You have to remember when you run a team, your commitment is to the team,.. and can't worry about the drivers you are releasing.  All you can do is agree to honor your contract and pay the contract off as agree to.  IN this case it's what GEM has said they'll do and it's all Sadler can ask for.  I don't think GEM is being such a bad guy.  Yeah, I'll agree the timing is bad for Sadler, (on the other hand, it's no worse for Labonte).. but they are agreeing to pay off the contract right up front without any hassles... thats a rare case.  
IMO I think HERM is right when he said Sadler should act like he has a little class and just move on like Allmendinger did when he got dropped by Red Bull, or like Stremme did when he got dropped by Penske.  It shows more maturity, and teams will be more willing to pick up a driver that acts like they have some class and don't cause problems.

[Chris]

Didn't ES have some choice words for how Robert Yates was running his team after he "squeezed" out his contract with Yates.

I can't remember exactly... but it seems there were some rather harsh words towards Yates when the split happened... hhuumm wish I could remember.

I've been asking the question Is Elliot Sadler going to get Mayfield status? I think he's well on his way. And all this laywer stuff which will amount to absolutely nothing except will futher harden the cemet shoes he's pouring himself.

Ya know.. the more I see.. Im not sure some of these guys elevators go all the way to the top.
First we had Ward who lost his ride,.. when 'refused' to take ANYTHING other than a TOP TIER ride.  Would rather drive nothing than drive a second tier car... or drop down to the NNS or CTS
What happened ... he got to sit on the sidelines.
oh.. and for his 'attitude' as much as anything... he 'sat' his way right out of a career.  Ward wasn't a bad driver.  He was just to 'proud' or he thought he was 'too good' to drive a lesser car.

Then we have Mayfield.  First he has a bad split with Penske.  He can't leave and act like he has any class,.. he's got to spout off at the mouth and make himself look like an ass.  Then Evernham pick him up and he starts a rumor about Ray and E Crocker, one thing leads to another, and Mayfield gets released.  Once again he leaves and runs his mouth.  This time worse than before.  we've saw Mayfield lose his ability to find a CUP ride because he is 'damaged goods' and no one wants a trouble maker on the team.

Now we have Elliott Sadler who loses his ride... and SURE it sucks at the timing.  But instead of just taking his money and keeping his mouth shut, acting like he has some class, and going about looking for any type ride he can get,.. he's stiring up a stink, making himself look bad in the process.
this is looking more like a Mayfield repeat all the time.  If Sadler can't learn for others mistakes, he might suffer the same fate.  He better be careful or he might be the next driver that no one wants on their team..??
Time.......... and Sadlers actions going forward will tell.

[FS_Amy]

Again, though, if the allegations put forth by SAdler's lawyer are true, he was NEVER given notice from GEM...he found out through the media and then had to ASK GEM about it.  I don't know about legality, but IMO, if I have to ASK, I am not being GIVEN notice.

One more thing, though...if I was on aowner and had to decide between Sadler's three wins and Reed Sorenson's complete inability to show he's capable of winning at this level...well, what a no-brainer...Dinger should have replaced Sorenson, not Sadler.

Actually, if the decision could be based on personality, I'd have given Kasey Kahne the boot...

[DougS]

Actually, if the decision could be based on personality, I'd have given Kasey Kahne the boot...

Well now you've gone an piqued my curiosity. Why would you have dumped KK, a media darling?

[Chris]

One more thing, though...if I was on aowner and had to decide between Sadler's three wins and Reed Sorenson's complete inability to show he's capable of winning at this level...well, what a no-brainer...Dinger should have replaced Sorenson, not Sadler.

I see your point in a way.. and I guess this is where sometimes people have to agree to disagree.
I think it depends on what criteria you use to compare Sorenson and Sadler how you look at them.
I think if I was the owner I'd of dropped Sadler and kept Sorenson.
Here's why....
First of all Sadler has run the CUP circuir for 11 full seasons.  three wins ins't anything to crow about.  Especially when one of them was a fluke at Bristol when the crew chief made the call, and had him pit early, and Sadler run the last 162 laps without a pit stop.... then the last 70 laps ran caution free, so the guys with new tires, never had a chance to catch him.

Sadlers other two wins came in 2004.  One at Fontana, and one at Texas. (both while driving for Yates) In both races he just edged out K Kahne.  In texas J Gordon had the race won until his battery died in the closing laps, and by the time he got the back-up going he had fallen back to 4th handing the win to Sadler.... but give him credit for being in the right place at the right time.  He beat Kahne by .028 sec.
In nearly two and 1/2 season with GEM sadler has only posted TWO top 5 finishes... and 12 top 10's  That tells me something is wrong when he has a teammate that has has 4 wins, 11 top 5's and 30 top 10's in the same number of race.
Heck even Reed Sorenson had FIVE top fives, and 13 top 10's running for Ganassi in his three years.... in inferior equipment

Now on the other hand... Sorenson has always driven a Ganassi POS.  IN fact he has only had three full season in the CUP series.  He's had too much put on him at such a young age.  At the age of 21, in only his second CUP season he was the "senior' driver on the Ganassi team last year.  Thats an awful lot to ask from someone who is still learning themselves.
He needed to be on a team where he was in a position where he could be with OLDER driver (much like David Ragan was this year) so he could learn from the experienced guys, and then he could progress and move up the ladder.  I think too much has been asked from him too soon over at Ganassi, and the folks at GEM realized that.  IMO I think they saw Sadler as having had a shot to prove himself, and he didn't do anything with it.  Especially the last three seasons since he's been with GEM.
SO, if you are a car owner, you see that he hasn't been worth the investment you put into him, and when you have a chance to pick up a driver like Dinger.. then he post 4 finishes in the top 16 in 5 races... now remember he has to get aquainted with a new car, new set-up, new team, new crew chief, has to learn how to communicate what he feels in the car to the crew chief so he can adjust the car to what AJ needs, etc etc.  It's not just hop in and drive.  Thats what makes what he did so impressive.
Finally IF GEM does end up getting B Labonte as a driver for them in 2009, I think thats the final cog in the wheel as a reason to keep Sorenson over Sadler.  there you have a veteran driver that Reed needs to mentor him.  Labonte with his experience, also Kahne has been around the block, and as fast as AJ caught on, maybe he can even help Sorenson.... Both AJ and Reed just have a lot of up-side and possibilitys of improving and moving forward in the coming years as a reason to keep them... Sadler has had his shot, and hadn't done anything with it, so IMO thats why I think he got dumped.  
Unfortunately, Like ward Burton all the OTHER team owners have saw how sadler did and they know he performed poorly also,.. so they won't have much confidence in him either.  IMO I think he's got a slim chance of picking up a ride for 2009.

[skool]

Then Evernham pick him up and he starts a rumor about Ray and E Crocker, one thing leads to another, and Mayfield gets released. 

Ah, but that "rumor" was indeed fact now wasn't it!?!  Not that it was any of Jeremy's business, true, but if I remember right, all Jeremy said was that he felt Ray should be spending a bit more time with the Cup team instead of with Erin.  But my point is, the rumor was proved true.

[FS_Amy]

Well now you've gone an piqued my curiosity. Why would you have dumped KK, a media darling?

I'm reaching a little here, only because of the three, I have worked with/met Kasey the least.  AJ, Reed, and Elliott are all supper, super nice.  And Kasey is too-on camera...but I've heard too many firsthand accounts of the way he treats people off-camera to discount them all as jilted fans who didn't get their autograph.  Someone told me of a personal experience they had, when they overheard Kasey say to his PR guy that he didn't want to sign for a certain girl "because she's fat."  If that's true...and I've heard too many others to really doubt that it is...well, I have no use for that kind of attitude.

Chris, I'm not so sure that the CGR equipment was all that much worse than the 19 for the last 3 years.  Sure, the 9 was good, but so was the 42, so...I'm not convinced. Casey Mears almost won a pair of races right before Target dumped him for Sorenson.