[vincesanity82]

NASCAR driver Scott Wimmer has filed a lawsuit against former employer Bill Davis Racing, asking for $1.2 million in unpaid salary for the 2006 season.
Wimmer, now driving a part-time NASCAR Busch Series schedule for Richard Childress Racing, filed the suit Monday in Superior Court.

The lawsuit alleges Bill Davis Racing did not follow correct procedure when it fired him. It says Bill Davis Racing did not notify Wimmer in writing, as required in his contract, that he had 30 days to improve his performance "to the satisfaction of sponsor and team" or issue a written notice that his services would be terminated at the end of the 2005 season.
Wimmer claims the team told the media in early October that he would return in 2006 but then sent him a termination letter on Oct. 24, just three weeks later.
According to the lawsuit, Wimmer was paid $600,000 for 2004, $900,000 for 2005 and was to get $1.2 million for 2006.
Wimmer drove 24 Cup races last year for Morgan-McClure Motorsports.

FOX Sports - NASCAR - Scott Wimmer sues Bill Davis Racing

[Souporscotty]

I'm missing something here. He said Davis Racing did not notify him in writing as per contract. Then sent him a 'Termination letter'? I'm no lawyer, so can somebody please explain this to me.

[Racer Duck]

I think what was meant is that BDR was required by the contract to give Wimper, er, Wimmer advance notice he was being terminated either by a letter telling him he had 30 days to improve or that his services would no longer be needed after the current season. Wimmer claims the only thing he got was a "pink slip" letter so he is due the rest of his salary for that year...

[Souporscotty]

I'm sorry, but IMNSHO, he should have got sh1+ canned after that "Hide behind the bed DUI". What a pinhead.

[jks812]

I think if a driver has to go according to contract then the owner should too. If it was in his contract that he had to be given written notice and then 30 days to improve before he could be terminated and all he got was the notice without the chance to improve, then I think he should be paid.

[Racer Duck]

the emotional response:

Originally Posted by Souporscotty

I'm sorry, but IMNSHO, he should have got sh1+ canned after that "Hide behind the bed DUI". What a pinhead.

the legal response:

Originally Posted by jks812

I think if a driver has to go according to contract then the owner should too. If it was in his contract that he had to be given written notice and then 30 days to improve before he could be terminated and all he got was the notice without the chance to improve, then I think he should be paid.

unfortunately, no matter what you think of the guy, the contract is the only legal entity governing this relationship. IF there was a "conduct" clause, then it should have been exercised. UNLESS BDR can show anything in the contract that justifies their action, they're gonna have a lighter wallet and Wimper is gonna be richer. Your, my or any one else's opinion doesn't matter in the legal case .. but they will matter to future sponsors...