Pas content Ercoli...
Publié : 10 juin 2005 12:28
Ercoli sues Rhinos for $400K
Kevin Oklobzija
Staff writer
(June 9, 2005) — For nine seasons, Pat Ercoli did everything in his power as coach to help the Rochester Rhinos win.
Now Ercoli is doing his very best to beat the Rhinos — in state Supreme Court. Ercoli, fired last fall for what Rhinos officials say were actions harmful to the club, is suing for at least $400,000 in back pay and damages.
The suit contends the Rhinos were in breach of contract when they fired him on Nov. 16.
"He was wrongfully terminated and he brought this lawsuit to pursue damages to which he's entitled," his lawyer, Mike Masino, said.
The suit, filed on May 31, claims Rhinos chief executive officer Steve Donner and general manager Chris Economides had no right under the terms of the contract to remove Ercoli as coach. They disagree.
"It's our opinion the suit has very little merit," Donner said.
Ercoli signed a new contract on May 1, 2001, which covered the 2001 and 2002 A-League seasons. A clause stated "the contract is a two-year guaranteed contract and not subject to termination by employer."
There were clauses that provided automatic extensions. By winning the 2001 A-League championship, the contract was extended two more seasons, for 2003 at a before-bonus salary of $65,000 and for 2004 at a before-bonus rate of $67,500.
Automatic one-year extensions would be given for a division championship or for reaching the finals of the league or U.S. Open Cup. The Rhinos won the Northeast Division title in 2002, meaning another one-year extension that would have covered the 2005 season at a salary of $70,000.
"He keeps winning, the contract keeps getting extended," Masino said.
Ercoli's suit also contends that defeating Montreal in the 2003 divisional playoffs constituted another division title.
The extensions aren't an issue, Donner said. He said Ercoli was fired under terms of Section IV of the contract, which says the Rhinos had the right to dismiss the coach for "any action by the employee, which is determined to be harmful to the image, reputation or success of the team (other than statistical standings)."
When informing Ercoli by certified letter of his dismissal in November, Donner used that same terminology. Since the case is pending, Donner would not elaborate.
Masino says Ercoli never defamed the Rhinos, saying, "it is our position that Coach Ercoli never engaged in any actions that were harmful ... and did nothing but put the Rhinos in a positive light."
Donner said he is disappointed that a nine-year relationship between front-office teammates has ended up in court. The 45-year-old Ercoli was the first coach in Rhinos history. His record was 154-77-18 and he was a member of the United Soccer Leagues inaugural Hall of Fame class of 2002.
"It's gut-wrenching for us and I can only assume it is for him," Donner said. "But Pat was going to go out the way he went in, with an aggressive attitude."
Ercoli, in a statement issued through Masino, said he could not comment on the lawsuit but added:
"My family and I worked hard to make the Rochester Rhinos a recognized team throughout the country and hoped to someday see a new stadium built in Rochester. We are very proud of our accomplishments and I want to extend my best wishes for the continued future success of soccer in this community at all levels."
No court date has been scheduled.
Kevin Oklobzija
Staff writer
(June 9, 2005) — For nine seasons, Pat Ercoli did everything in his power as coach to help the Rochester Rhinos win.
Now Ercoli is doing his very best to beat the Rhinos — in state Supreme Court. Ercoli, fired last fall for what Rhinos officials say were actions harmful to the club, is suing for at least $400,000 in back pay and damages.
The suit contends the Rhinos were in breach of contract when they fired him on Nov. 16.
"He was wrongfully terminated and he brought this lawsuit to pursue damages to which he's entitled," his lawyer, Mike Masino, said.
The suit, filed on May 31, claims Rhinos chief executive officer Steve Donner and general manager Chris Economides had no right under the terms of the contract to remove Ercoli as coach. They disagree.
"It's our opinion the suit has very little merit," Donner said.
Ercoli signed a new contract on May 1, 2001, which covered the 2001 and 2002 A-League seasons. A clause stated "the contract is a two-year guaranteed contract and not subject to termination by employer."
There were clauses that provided automatic extensions. By winning the 2001 A-League championship, the contract was extended two more seasons, for 2003 at a before-bonus salary of $65,000 and for 2004 at a before-bonus rate of $67,500.
Automatic one-year extensions would be given for a division championship or for reaching the finals of the league or U.S. Open Cup. The Rhinos won the Northeast Division title in 2002, meaning another one-year extension that would have covered the 2005 season at a salary of $70,000.
"He keeps winning, the contract keeps getting extended," Masino said.
Ercoli's suit also contends that defeating Montreal in the 2003 divisional playoffs constituted another division title.
The extensions aren't an issue, Donner said. He said Ercoli was fired under terms of Section IV of the contract, which says the Rhinos had the right to dismiss the coach for "any action by the employee, which is determined to be harmful to the image, reputation or success of the team (other than statistical standings)."
When informing Ercoli by certified letter of his dismissal in November, Donner used that same terminology. Since the case is pending, Donner would not elaborate.
Masino says Ercoli never defamed the Rhinos, saying, "it is our position that Coach Ercoli never engaged in any actions that were harmful ... and did nothing but put the Rhinos in a positive light."
Donner said he is disappointed that a nine-year relationship between front-office teammates has ended up in court. The 45-year-old Ercoli was the first coach in Rhinos history. His record was 154-77-18 and he was a member of the United Soccer Leagues inaugural Hall of Fame class of 2002.
"It's gut-wrenching for us and I can only assume it is for him," Donner said. "But Pat was going to go out the way he went in, with an aggressive attitude."
Ercoli, in a statement issued through Masino, said he could not comment on the lawsuit but added:
"My family and I worked hard to make the Rochester Rhinos a recognized team throughout the country and hoped to someday see a new stadium built in Rochester. We are very proud of our accomplishments and I want to extend my best wishes for the continued future success of soccer in this community at all levels."
No court date has been scheduled.