I admit it. I haven’t put on my rose colored glasses all week. I’ve been wearing my crimson and cream-colored glasses instead. The pair that sings Boomer Sooner every time I blink. I suspect some people don’t appreciate how often the song gets played. I blink a lot. On purpose.

     I confess to a slight offensive guru crush on Mike Leach. It is a slight crush because he left us to coach at Texas Tech. Enough said there. What Mike Leach accomplished in his years at Tech was truly amazing, and apparently completely underappreciated. The saying a “prophet in his own home” is certainly appropriate. How can an employee who has the highest graduation rate in the Big 12 and the eighth highest graduation rate in the FSB be so despised? How can a coach who took his team all the way to a national rank of number 2 be so unloved? What about the bowl appearances? What about beating the big boys in the conference? (Believe me, I don’t like mentioning that one) What about the top rated quarterbacks in passing ratings a number of years? What about recruits like Michael Crabtree and Graham Harrell? What about filling the stands with loyal fans? I am stunned.

     I wish I had put my rose colored glasses on and duct taped them to my head before the Mike Leach story broke last week. But, I didn’t have them on, and even through my crimson and cream-colored glasses I could see things pretty clearly. Even through the vitriolic emails between regents and administration leaked to the media. Even though numerous Tech coaches, team doctors, trainers and players said Mike Leach did nothing wrong. (At this point with the information currently available, I believe Mike Leach’s position)

     Mike Leach’s story reminds me of the cases I have litigated on behalf of our clients.

     Employment contracts are touchy subjects even if you aren’t a university or a public figure like Mike Leach. Most employment arrangements aren’t even put into written form. Most contracts between employer and employee are at-will, meaning the employee can be fired at any time, for almost any reason, except those that violate the law of course. And, the employee can quit at any time for any reason. Employment contracts with provisions providing for termination for cause are more difficult to draft and put the employer and the employee into potentially precarious positions.

     If you are planning to draft an employment contract between you and your employees, get help. Think carefully about what you really want to accomplish. Consider all potential pitfalls. Contemplate dispute resolution procedures that don’t include media broadcasts. Above all plan to honor the commitments you make. Do these things and save yourself, your company and your wallet from the kind of troubles Texas Tech is now facing.

     I know my clients are thoughtful, contemplative and careful negotiators.

     I wonder what the world would look like if I put my rose colored glasses on over my crimson and cream ones? I think I’ll give it a try.