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What I don't know

PostPosted: Thu Nov 24, 2016 4:11 pm
by stc9
I have a couple of questions that maybe someone can help me out with:

1) Can a coach, any coach under contract, interview for a new job without getting permission from his current AD? No school is going to hire a FB coach without sitting down and speaking with him. This includes discussions at multiple levels. Even JJ got permission to speak with ASU.

2) If the coach interviews for the new job, without permission, can he be terminated for cause?

3) If the coach is hired, without being given permission to interview, can his former school successfully file suit against the new school for contractual interference?

I know the devil is in the details of the contract, but what is standard.

Re: What I don't know

PostPosted: Thu Nov 24, 2016 4:23 pm
by Stallion
Generally permission is obtained to avoid any possibility of a tortious interference with contract claim. But understand there are buy-out clauses written into these contracts contemplating that the contract can be terminated based upon certain conditions. If you terminated a Contract because he was looking at other schools you would still owe the salary remaining due on the Contract AND would have screwed yourself out of the buy-out that Baylor would have to pay which I believe is substantial in this case.

Re: What I don't know

PostPosted: Thu Nov 24, 2016 4:51 pm
by RGV Pony
Reminds me... Whatever happened to the BC coach who was fired for interviewing when the AD basically dared him to do so

Re: What I don't know

PostPosted: Thu Nov 24, 2016 5:03 pm
by gostangs
Question - let's say a coach is recently fired and is due , say 10 million due to a 5 million a year guaranteed contract for the next two years. Let's say that same coach takes a new job for substantially less - say 2.5 million. Does that void what is due the coach from the previous school or is it a "credit" against what is owed?

Re: What I don't know

PostPosted: Thu Nov 24, 2016 5:16 pm
by Stallion
Its called mitigation of damages-the firing school would be off the hook for the amount of the mitigation(credit for the salary from the new job)---unless they came to a settlement shortly after firing and before he took new job

Really though few fired coaches can afford to sit out long--they are old news

Re: What I don't know

PostPosted: Thu Nov 24, 2016 5:23 pm
by SoCal_Pony
stc9 wrote:I have a couple of questions that maybe someone can help me out with:

1) Can a coach, any coach under contract, interview for a new job without getting permission from his current AD? No school is going to hire a FB coach without sitting down and speaking with him. This includes discussions at multiple levels. Even JJ got permission to speak with ASU.

2) If the coach interviews for the new job, without permission, can he be terminated for cause?


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We most likely allowed our prior HC to recruit players to another school while under contract. I don't think CM has anything to worry about, regardless of what the contract says.

Re: What I don't know

PostPosted: Thu Nov 24, 2016 5:24 pm
by gostangs
Exactly - let's say strong happens to come available. We could get him cheap for a couple of years and then jack it up after UT contract rolls off. Or is it the average of the SMU contract that counts against the existing contract.

Not sure how you could beat strong and staff as an immediate back fill. Great coach with a chip on his shoulder who you know does it the right way.