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Montano suspended! (Update: Sacked)


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If West Ham were aware of whatever the incident is about when they sold him to us and they hadn't mentioned it when we bought him i would have thought Latics could claim the transfer fee back and any wages paid out since then.

The Daily Mirror has the alleged assault as taking place in July 2012...

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You can't give an unfavorable employment reference

So Dean Smalley would have known of him...surely his last loan club would have provided or declined Latics a reference, that's if one was asked for, there's quite a loan spell spanning back...

Edited by tangerinedreams
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Agree he's no loss but don't get it when people say someone only performs when he wants to.

 

Why would they? What purpose is there for them to have that mindset?

 

Sometimes a player is just :censored:, doesn't have to be a reason for it.

He's not :censored: though, he can be fantastic. There are plenty of people in this world who are inconsistent, who for whatever reason cannot apply themselves on a regular basis.. My bet is that him and many other footballers of his ilk are showing the same behavioural issues as certain school kids with poor behaviour.

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He's not :censored: though, he can be fantastic. There are plenty of people in this world who are inconsistent, who for whatever reason cannot apply themselves on a regular basis.. My bet is that him and many other footballers of his ilk are showing the same behavioural issues as certain school kids with poor behaviour.

He was mainly :censored:.

 

Anyway, big few days coming up on the pitch, be great to get a win tonight for all that will bring, and then with two tough away games to follow, think it's crucial we get three points vs Colchester.

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"You can't give an unfavourable employment reference"

 

It is a legal requirement to disclose any information that could be deemed relevant to another employer making a sound and rational judgement on a persons suitability, warts and all.

 

You would also be suable for damages relating or connected to any such omission. Example; dishonesty would cover a multitude of stuff.

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"You can't give an unfavourable employment reference"

 

It is a legal requirement to disclose any information that could be deemed relevant to another employer making a sound and rational judgement on a persons suitability, warts and all.

 

You would also be suable for damages relating or connected to any such omission. Example; dishonesty would cover a multitude of stuff.

Generally speaking, an employer does not have an obligation to provide a reference at all.

 

As Zorrro says, they are within their rights to simply provide the briefest of detail.

 

The danger for the employer is the employee suing if they miss out on a job on the basis of anything negative said in the reference which cannot be substantiated.

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Surely since we paid money for him they had some sort of requirement to inform us if they did know?

 

 

 

 

Assuming that the seller club had not notified us, as a business to business transaction, it probably comes down to whether the buyer club has put a clause in the contract requiring the seller club to inform them of such matters. However, we'd probably have to prove that we had lost out as a result - as he's been sacked already in regards to an unrelated matter, my feeling is that it would be hard to prove that we have been impacted as a result of the seller club not informing us.

Edited by jimsleftfoot
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If the club have given him leave to appeal then not surprised he's said that.

 

If not and he's sizing up a claim for wrongful dismissal then even if the solicitor thinks the chances of success are limited then it still may be worth making these sorts of noises at this point.

Edited by jsslatic
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Either our solicitor or his has dropped a bollock.

 

How? The club's solicitor may have said to give him leave to appeal to strengthen a defence in the event of a claim for wrongful dismissal.

 

If not and he's considering a claim for wrongful dismissal then it makes sense for the solicitor to be saying this now to perhaps worry the club into a settlement before proceedings are issued and he risks being liable for the club's legal costs.

Edited by jsslatic
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How? The club's solicitor may have said to give him leave to appeal to strengthen a defence in the event of a claim for wrongful dismissal.

 

If not and he's considering a claim for wrongful dismissal then it makes sense for the solicitor to be saying this now to perhaps worry the club into a settlement before proceedings are issued and he risks being liable for the club's legal costs.

 

If I understood any of that I'd probably say I hope you're right

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Everyone has the right to appeal any form of disciplinary action.

 

Would whoever loses the case have to pay the other sides costs? - which could be quite substantial.

Edited by BP1960
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