Although it took a long time, we were able to get our purchase price refunded by Lyons. We dealt directly with them, not through Menard's. I did have all my original receipts, had to fill out some paperwork, several reminder phone calls, they sent out a representative to certify that it could not be fixed properly, filled out some waiver form, received the tub cost back in a check.
As a fix we have put a patch of Lexel caulk (fantastic stuff from Ace Hardware) over the crack. Although it doesn't look the greatest, we are buying time till I can rip the tub out (which will involve drywall work, etc.) and fix it properly. The caulk has lasted approximately a year already. If it starts to leak a new application would buy us that much more time. I would recommend it for those that want to buy time.