Payton & Associates, LLC
Commercial Litigation Attorneys
Miami, Florida

Florida coach considers breach of contract suit

A former coach for a state university team was forced to resign from his position under duress, according to his representation. The coach of Florida Atlantic University's football team was accused of using drugs while on duty. The coach plans to defend himself and, if successful, may consider filing a breach of contract lawsuit against his former employers.

Court records indicate the coach and his defensive coordinator were witnessed smoking marijuana back in October. The allegations, compounded by a further statement regarding cocaine use last year, were brought forth by a fellow coach. The affidavit was also signed by another individual said to be close to the organization.

The coach has vehemently denied these charges and has reported to major news sources that he was forced to leave his position despite the allegations not being proved in a court of law. He is seeking to be reinstated to his former position as the university' head coach. Should he be successful in defending his reputation by proving the allegations false, he will be entitled to file a breach of contract suit against the university for his wrongful termination, as well as a possible defamation of character suit.

Contracts are legally binding documents that must be upheld. If Florida Atlantic University is found to have dismissed the coach out of hand without appropriate evidence, they could be found in violation of their contract with him, at which point the coach would be within his rights to file a breach of contract suit against them. This suit, if successful, could lead to reparations being paid out by the university, as well as the coach possibly being reinstated to his former position.

Source:, Carl Pelini denies drug use, was forced to resign at FAU, Peter Smith, Nov. 7, 2013

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