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Does he have a case?

  • McQueary suing PSU over whistleblower laws. I didn't think this came into play since he wasn't fired from PSU, but merely put on paid leave. Once O'Brien came on board, he wasn't retained.

    Or am I misunderstanding?

    McQueary, witness to Sandusky abuse, sues Penn State

    Mike McQueary, the former Pennsylvania State University assistant football coach and witness in Jerry Sandusky's child sex abuse trial, filed a whistleblower lawsuit Tuesday seeking millions in damages from his former employer.

    www.philly.com
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    white_out

  • Does he have a case? Maybe. Chances are they will settle and make him sign a confidentiality agreement so he can't write a book about the whole thing.

    PSUJT0409

  • I can't believe it isn't a top story on ESPN.com yet. They must be getting slow.

    PSUDOG

  • It should be an interesting case. He wasn't retained but is that due to Bill not wanting him for lack of skill or because he was damaged goods connected to the November nightmare.

    My guess is he would wish to settle before the January trial for Curley and Shultz, the testimony there will not be flattering to McQueary's case.

    danmcc

  • danmcc said...

    It should be an interesting case. He wasn't retained but is that due to Bill not wanting him for lack of skill or because he was damaged goods connected to the November nightmare.

    My guess is he would wish to settle before the January trial for Curley and Shultz, the testimony there will not be flattering to McQueary's case.

    If the entire Sandusky scandal never happened, and Joe retired gracefully after 2011.. unless he had a deal in place to retain ALL assistants, I think it is fair to say Red would not have been retained as a WR coach by just about anyone who would have been named HC under this conditions. Now comparing his resume as a WR coach, to whom Coach O did choose, Stan Hixon is laughable at best...

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    NotoriousGMan

  • NotoriousG-Man said...

    If the entire Sandusky scandal never happened, and Joe retired gracefully after 2011.. unless he had a deal in place to retain ALL assistants, I think it is fair to say Red would not have been retained as a WR coach by just about anyone who would have been named HC under this conditions. Now comparing his resume as a WR coach, to whom Coach O did choose, Stan Hixon is laughable at best...

    I agree the replacement WR coach is great, no comparison. I will be interesting to see the McQueary argument.

    danmcc

  • PSUDOG said...

    I can't believe it isn't a top story on ESPN.com yet. They must be getting slow.

    It is now. Don't worry. No way in hell they'd miss anything mentioning Sandusky.

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    JettaPSU2001

  • Whether O'Brien would have retained him or not isn't the main/only issue. He is claiming PSU's failures as they related to Sandusky have ruined his coaching career. I would expect a settlement and he had to file the case to get the ball rolling and probably discussed a settlement with them prior to filing.

    helpdesk

  • helpdesk said...

    Whether O'Brien would have retained him or not isn't the main/only issue. He is claiming PSU's failures as they related to Sandusky have ruined his coaching career. I would expect a settlement and he had to file the case to get the ball rolling and probably discussed a settlement with them prior to filing.

    So Mike.... Let me get this straight.... You saw a child being raped. Reported it. Then when no action was taken you took a full time job here, worked with these people who allowed rape, and you made a nice salary too? Judge I rest my case.

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    PENN STATE FOREVER

    philafan

  • philafan said...

    So Mike.... Let me get this straight.... You saw a child being raped. Reported it. Then when no action was taken you took a full time job here, worked with these people who allowed rape, and you made a nice salary too? Judge I rest my case.

    His own actions may have helped in defaming his own name but that is really going to be irrelevant. A court of law doesnt operate by the theory of what a person would have or should have done to prevent something. If I see you bully a kid and I tell the principal and you retaliate by breaking out the windows in my car. I still have a right to sue you, just like Mike has the right to sue to PSU. Penn State will ultimately settle however.

    NevadaNittany

  • The former assistant coach said he learned he had been terminated from watching a television interview with Penn State president Rodney Erickson.

    At the time of his termination, his lawyers said, McQueary's salary was listed at $140,400 plus benefits such as a bonus for bowl games, a university car and a cell phone. They are seeking $4 million in damages - the equivalent of his salary had he stayed at Penn State for the rest of his 25 year career.

    Seriously...come on Mike. You weren't terminated. You were put on paid leave.

    And secondly, there is no way that you were staying at Penn State for 25 years. None. No coach was going to retain you. The mere fact that you were interviewed by O'Brien and not retained means you weren't going to be there for another year, let alone 15 years or so.

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    white_out

  • white_out said...

    The former assistant coach said he learned he had been terminated from watching a television interview with Penn State president Rodney Erickson.

    At the time of his termination, his lawyers said, McQueary's salary was listed at $140,400 plus benefits such as a bonus for bowl games, a university car and a cell phone. They are seeking $4 million in damages - the equivalent of his salary had he stayed at Penn State for the rest of his 25 year career.

    Seriously...come on Mike. You weren't terminated. You were put on paid leave.

    And secondly, there is no way that you were staying at Penn State for 25 years. None. No coach was going to retain you. The mere fact that you were interviewed by O'Brien and not retained means you weren't going to be there for another year, let alone 15 years or so.

    It doesn't matter if he would have been retained at PSU, the argument is that he COULD have been retained or he could have gotten a similar job but based on the events of the last year his career is ruined. I mean I'm not trying to stick up for the guy but he's been a coach his whole life and now he'll probably never coach again. He's just looking out for himself which is what anybody would do.

    PSUJT0409

  • white_out said...

    The mere fact that you were interviewed by O'Brien and not retained means you weren't going to be there for another year, let alone 15 years or so.

    Is it a fact he was interviewed by O'Brien? I am not 100% sure it matters if he didn't, but it he did, his case for $4 million becomes even more laughable.

    POV

  • POV said...

    Is it a fact he was interviewed by O'Brien? I am not 100% sure it matters if he didn't, but it he did, his case for $4 million becomes even more laughable.

    I am not sure, but I was under the impression that everyone on the old staff was interviewed/talked with O'Brien. Maybe that's incorrect.

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    white_out

  • PSUJT$ said...

    It doesn't matter if he would have been retained at PSU, the argument is that he COULD have been retained or he could have gotten a similar job but based on the events of the last year his career is ruined. I mean I'm not trying to stick up for the guy but he's been a coach his whole life and now he'll probably never coach again. He's just looking out for himself which is what anybody would do.

    He will definitely come out this with a nice chunk of change. Smart move on his part(or his lawyers).

    NevadaNittany

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    POV

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    NevadaNittany

  • I am not familiar with whistleblower laws, but wouldn't you need to be an employee at the time you turn in an incident? If my memory serves me right, when he called Joe that night, Joe said he didn't have any open positions for him, and he was hired full time later on. Or since he was a GA would that make him an employee? I would think that he would be considered a student at the time. Sorry if this sounds dumb, but I haven't seen anyone mention this aspect.

    steviedpsu

  • I think that Penn State will settle even though I do not think MM has a strong case. He obviously was not going to be retained by O'Brien and as far as getting another job that would be upon his own merit which his past decisions are a part of that history. He was not a good coach. The fact that that he is looking for a pay day makes it even more likely that he will hold to his story that he told the AG not what he really told his superiors.

    Riverhoundz

  • Maybe I too am not familiar with the whistleblower law, but MM was complicit in the coverup by not reporting it outside of the University. Is he not therefore blowing the whistle on himself? I would think that at best he could ask for his salary for the next 25 years based on his GA salary in 1998. Furthermore he never testified that there was any specific cover-up by Penn State that he was blowing the whistle on. I am sure our BOT will probably counter with an offer of 8 million to "move on".

    taa120

  • Riverhoundz said...

    I think that Penn State will settle even though I do not think MM has a strong case. He obviously was not going to be retained by O'Brien and as far as getting another job that would be upon his own merit which his past decisions are a part of that history. He was not a good coach. The fact that that he is looking for a pay day makes it even more likely that he will hold to his story that he told the AG not what he really told his superiors.

    his story will come out in court. If his story doesn't match what the grand jury testimony is, then he's lying, and perjured himself in front of a grand jury.

    His story will come out. That much I know.

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    white_out

  • NevadaNittany said...

    His own actions may have helped in defaming his own name but that is really going to be irrelevant. A court of law doesnt operate by the theory of what a person would have or should have done to prevent something. If I see you bully a kid and I tell the principal and you retaliate by breaking out the windows in my car. I still have a right to sue you, just like Mike has the right to sue to PSU. Penn State will ultimately settle however.

    he did not have that happen.... he was hired by PSU. Hence he is either a liar or part of a cover up.

    This post was edited by philafan on 10/2/2012 at 8:10 PM

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    PENN STATE FOREVER

    philafan

  • I don't think he has much to stand on here. He can use the whistle blower thing all he wants. PSU didn't ruin his coaching career. He wouldn't have been retained for starters because even if Sandusky thing never happened; Joe wouldn't have been the coach this year and new coach, whether it have been BOB or someone else would have brought in their guy. He sort of ruined his coaching career himself. He didn't go to the police himself; he has told many different versions of the events and has a few other things going on.

    He forgets ... he wasn't terminated. Isn't he still getting paid for doing nothing?

    Hamilton Lion

  • I doubt it. Maybe it's just me, but if Joe were alive, wouldn't he have more of a case than McQueary? Mainly because Joe was fired while McQueary was not. What they did was relatively equivalent (telling the people above them). It's not like McQueary went out and was the hero who brought in the police. He didn't blow any whistles. Don't see how this is a case.

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    psubills62

  • Everybody is hoping on board the sandusky free money train these days. Money made possible by tuition payments from students like you and me explode.

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    PSUJames