Employment Law Lessons About the Yankees...As Told by a Phillies Fan

Before the World Series started, I put my word on the line (and the blog) with a friendly wager with Jon Hyman, a rabid Phillies fan and the author of the Ohio Employer's Law Blog.  Whoever lost would have to write about the winning team and tie it into some themes about employment law.

Well, the Yankees won against a very good Phillies team and Jon's post about the Yankees is now up.  He is (mostly) gracious in defeat and points out that just because a team has more resources, it doesn't necessarily translate to a victory.

[T]heir superiority of resources is only part of their ability of success. After all, they’ve outspent everyone for as long as I can remember, and yet this is only their first title in the past 10 years. And so, while they always have the best chance to succeed (and always assume that they will), it doesn’t always work out that way for them. This year, for example, they appeared to come together as a team, and not just play as an amalgam of superstars, which perhaps accounts for why they succeeded this year and failed in the decade prior.

For employers, the lesson is this – in many cases, you will assume that you should win. You may have better facts, better law, more money and resources, the better lawyer, and you may even have had past successes and a good rapport with the same judge. And yet, with all of these supposed advantages on your side, you could still find yourself on the losing end of big verdict. Advantages are just that, but they do not bring home the win. Hard work, teamwork, and even a little bit of luck are all needed to take advantage of your advantages.

I certainly would echo Jon's view.   Working together is an overused cliche in today's corporate world, but the results provide support for it time and again. 

But one other thing about this year's team stands out in my mind as well -- the number of veterans on the team.   The Yankees have been fortunate to keep around players like Derek Jeter or Jorge Posada with experience and good judgment.  As companies continue to restructure and try to save costs, there may be a move to keep cheaper talent.  But as the Yankees proved this year, sometimes keeping the experienced team members around is a recipe for success too. 

And for all the Sox fans in Connecticut who have had to endure a long postseason, just remember: Only 90 days or so until pitchers and catchers report for Spring Training. Hope always springs eternal.

Revisiting Derek Jeter's Contract and a World Series Challenge

Anyone who has read this blog for a while knows of my love of the New York Yankees. So much so that a few months back I did an entire employment law post on Derek Jeter's contract.

He's the quintessential Yankee and, from an employment law perspective, an ideal to aspire to. No matter the illness or injury, he reports to work, keeps his head down low and performs on the field. Day in and day out.   I don't think the Yankees are going to run into much trouble with him. 

But I've tied the Yankees into prior posts as well, writing about non-disparagement clauses that the Yankees were considering, and how a Yankees conversation with a juror might be not get a case reversed

So, it should come as no surprise that I would have a continuing interest in the Yankees as this post-season progresses and figure out a way to tie it into this blog.

Now, I did spent college in Philadelphia so one might think that I go easy on that town. After all, a town with cheesesteaks (Pat's or Geno's --- doesn't matter to me and Abner's still works too -- see picture) and Rocky can't be all that bad.

But baseball is baseball. And the World Series is no time for sympathy.

So when Jon Hyman, a Phillies Phanatic and the writer of the Ohio Employer's Law Blog, approached me about a friendly wager for the World Series, it was an easy call.  You can read Jon's post about the wager here

The wager is simple: Whoever's team loses the World Series has to write a post on his blog praising the winning team (with an employment law spin, of course). 

I have discussed office pools and wagering in Connecticut, particularly in the context of sports events, and you can find those posts here

Now, I share with you an interesting comparison: The Phillies were the first major league team to record 10,000 losses making them  the biggest losers in all of baseball (so says USA Today).  The Yankees, on the other hand, have won 40 American League Pennants and 26 World Series. 

So, may the best team win.  And I look forward to pointing readers to a flattering post about the Yankees on Jon's blog sometime next week.