A state court judge in Texas dismissed a lawsuit brought by an assistant football coach at the University of Texas (UT) against his former employer, Oklahoma State University (OSU), finding that an Oklahoma judge should settle the dispute, since the controversy centers on a contract the assistant signed in that state.
The controversy centered on a provision in the contract between offensive line coach, Joe Wickline, and OSU, which sought to protect the university’s interest.
Specifically, the clause mandated that the only way Wickline would be permitted to break his contract is if he took another position that included play-calling duties with another Football Bowl Subdivision school or jumped to the NFL. Violating that clause would mean that Wickline would have to pay OSU a buyout fee of $593,487.
On January 15, 2014, Wickline left OSU to join the staff of the newly hired head football coach at UT — Charlie Strong. Wickline had been an assistant coach at the University of Florida when Strong was an assistant coach there. Strong hired Wickline as his offensive coordinator and offensive line coach. At about the same time, UT hired Shawn Watson, Strong’s former offensive coordinator at the University of Louisville, naming him assistant head coach to the offense and quarterbacks coach.
OSU officials became concerned after they learned of comments that Strong made at a March 18, 2014 press conference when discussing who on his staff would call plays.
“Wickline is going to be involved in it,” Strong said at the time. “He’s going to make some calls. Shawn is going to make some calls. When we go down the stretch and we have to have a call made, I think Shawn, because he’s been doing it for a long time and I’m comfortable with him.”
Shortly thereafter, OSU reportedly began sending letters to Wickline demanding payment and threatening a breach of contract lawsuit.
In a letter reported in the media, OSU Athletic Director Mike Holder wrote that “it has now come to our attention that you do not have ‘play-calling duties.’ Instead, it appears that your head coach has confirmed that Shawn Watson, not you, will be calling the plays. Thus, in reality it appears you unilaterally and voluntarily terminated the contract to make a lateral move and as such a waiver of the liquidated damages clause of the contract is not triggered.”
In another letter, sent on May 6, OSU “claimed that coach Wickline was lying about his position” and that UT officials were “attempting to aid” him in avoiding the terms of the deal, according to the Austin American Statesman. OSU claimed that UT gave Wickline “the misleading title of offensive coordinator.”
OSU ultimately memorialized its accusations in a lawsuit filed in Payne County, Oklahoma.
“Upon information and belief, Wickline is neither the offensive coordinator, nor does he have play calling duties,” according to the lawsuit. “Instead, he is an assistant coach in charge of the offensive line, which is a lateral move from Wickline’s position at OSU and one that does not fall within the exception to pay liquidated damages.”
Wickline filed a countersuit, alleging tortuous interference, in Travis County, Texas, which is the subject of the instant opinion. Wickline charged, in that compliant, that the “lawsuit is baseless and its sole purpose is to interfere with coach Wickline’s ongoing employment relationship with UT and the UT contract.”
Further, he claimed that the defendants “immediately began harassing and intimidating coach Wickline with false allegations for the purpose of interfering with his ongoing employment with UT and his UT contract.”
Wickline is represented by David J. Beck of Beck Redden in Houston, Texas. Beck is said to be considering filing a new lawsuit in Oklahoma.
