November 11Nov 11 3 minutes ago, SydneyCarton said: I'm pulling this out my ass, but I'm pretty sure head coaches and been suspended or re-assigned without being fired before, within an athletic department, while essentially being fired later. That was awhile back, so maybe contract language has changed/mitigated that, over time. I've not encountered it anywhere, so I figured it doesn't happen. But, damn, it seems like a pretty obvious method of getting into a situation where a school can ditch a coach and put him into a position of being amenable to a negotiated exit.
November 11Nov 11 9 hours ago, MichaelDicksonFanClub said: We never "formally" declared war on anyone in Southeast Asia back in the 60s, so there was no Viet Nam War. 45 minutes ago, SydneyCarton said: Anyone still going to try and stan LSU as a top 5 coaching job? Certainly, it is. Just ask any native Louisianan high school coach. 32 minutes ago, Gene Parmesan said: They now have cause because he hasn't been showing up for work when he was only unofficially fired. Fantastic! 20 minutes ago, Tex Long said: I've asked, but never seen an answer, whether coaching contracts do or might contain language allowing the school to assign the head coach to another position (keeping the salary, of course) and/or to assign another person to a position of authority over the head coach? I mean, you know, like like like, you know, not "you're fired" but like "you aren't running the team any more, asswipe, go stand over there and keep your mouth shut." Somewhere in the Contracts there are clauses relating to insubordinate behavior...no? Probably within a page or two of the Morality clauses?' The Aggies pondered this regarding Jimbo. Why can't we put him charge of stadium cleaning? His contract stated, according seemingly knowledgeable Aggies, included language defining the job specifically, so A&M couldn't do that. 17 minutes ago, SydneyCarton said: I'm pulling this out my ass, but I'm pretty sure head coaches and been suspended or re-assigned without being fired before, within an athletic department, while essentially being fired later. That was awhile back, so maybe contract language has changed/mitigated that, over time. We put Leon Black in charge of maintenance when we hired Lemons to coach basketball. I think McWilliams was also reassigned, but I think he got a pretty good job promoting UT or something. Black's job wasn't humiliating, just sort of amusing. Edited November 11Nov 11 by RomaVicta
November 11Nov 11 18 minutes ago, SydneyCarton said: I'm pulling this out my ass, but I'm pretty sure head coaches and been suspended or re-assigned without being fired before, within an athletic department, while essentially being fired later. That was awhile back, so maybe contract language has changed/mitigated that, over time. I have seen it before but the public comms from the institution have always been disciplined if they go that way: “SWLSU has decided to reassess the direction and leadership of the football program. DC Cletus will take over head coaching duties on an interim basis and HC Ricky Bobby has been reassigned to other duties within the athletic department as those discussions continue.” Edited November 11Nov 11 by 956 Worldwide
November 11Nov 11 35 minutes ago, Gene Parmesan said: They now have cause because he hasn't been showing up for work when he was only unofficially fired.
November 11Nov 11 12 minutes ago, Tex Long said: I've not encountered it anywhere, so I figured it doesn't happen. But, damn, it seems like a pretty obvious method of getting into a situation where a school can ditch a coach and put him into a position of being amenable to a negotiated exit. Didnt we do this with Mackovick when he was fired. Seems like he was in charge of organizing the UT golf course or something like that.
November 11Nov 11 3 hours ago, ClubWhatever said: Getting pegged is not grounds for termination You cant? Just when I thought that could get you fired for sure, @NowThis comes out.
November 11Nov 11 Apparently they had to inform him he was being fired for cause within 7 days of termination. They didn't so now they are trying to reset the firing date by saying he hasn't actually been terminated yet. Kelly's lawyers want to keep the original firing date, hence the lawsuit.
November 11Nov 11 29 minutes ago, RabidM said: Apparently they had to inform him he was being fired for cause within 7 days of termination. They didn't so now they are trying to reset the firing date by saying he hasn't actually been terminated yet. Kelly's lawyers want to keep the original firing date, hence the lawsuit. LOL. What a clown show if this is accurate. If your goal was to negotiate the buyout, how do you not have your ducks in a row from a leverage perspective as the season started going downhill and this was a possibility? Amateur hour all around.
November 11Nov 11 12 minutes ago, Horn80 said: From a PR perspective this is an unmitigated disaster for LSU. Yeah, but LSU fans are dumber than Helobious, so no damage done.
November 11Nov 11 2 hours ago, Tex Long said: I've asked, but never seen an answer, whether coaching contracts do or might contain language allowing the school to assign the head coach to another position (keeping the salary, of course) and/or to assign another person to a position of authority over the head coach? I mean, you know, like like like, you know, not "you're fired" but like "you aren't running the team any more, asswipe, go stand over there and keep your mouth shut."
November 11Nov 11 2 hours ago, Tex Long said: I've asked, but never seen an answer, whether coaching contracts do or might contain language allowing the school to assign the head coach to another position (keeping the salary, of course) and/or to assign another person to a position of authority over the head coach? I mean, you know, like like like, you know, not "you're fired" but like "you aren't running the team any more, asswipe, go stand over there and keep your mouth shut." Somewhere in the Contracts there are clauses relating to insubordinate behavior...no? Probably within a page or two of the Morality clauses?' I think the core problem is the fan base actually has the like the coach and this is rarely the case by the time they are fired. Coach O probably could have been reassigned to mascot and everyone would have been like yea that works. Edited November 11Nov 11 by BigHornedLurker
November 11Nov 11 How could an honest group of Corndogs who embezzled almost $1M from a hospital charity meant for cancer patients to pay recruits possibly be accused of weaseling out of paying a fired coach what they legally owe him? Make it make sense. 🤷♂️
November 11Nov 11 52 minutes ago, Horn80 said: From a PR perspective this is an unmitigated disaster for LSU. Clown show. Good luck hiring anybody decent in the future. "Yeah ... I'm going to need to get paid up front ..."
November 11Nov 11 46 minutes ago, Deej said: Yeah, but LSU fans are dumber than Helobious, so no damage done. 58 minutes ago, Horn80 said: From a PR perspective this is an unmitigated disaster for LSU. They have a governor openly stating that they want to reset the market in a negative way, they are pulling some bullshit legal nonsense to not pay their current coach, and yet they are somehow expecting Lane Kiffin or Nick Saban to walk through that door.
November 11Nov 11 I hope Brian Kelly sues these rat fucks for $100MM+. Just a completely blatant retrade by a shit bag institution.
November 11Nov 11 1 hour ago, Skipper said: LOL. What a clown show if this is accurate. If your goal was to negotiate the buyout, how do you not have your ducks in a row from a leverage perspective as the season started going downhill and this was a possibility? Amateur hour all around. Politicians got involved and demanded to move fast. Without bringing in CR, this is how DOGE layoffs that were ordered to go fast unfolded. Even without court orders people got told they were fired, then on admin leave, then fired again for another reason, then maybe rehired.
November 11Nov 11 13 minutes ago, 956 Worldwide said: Politicians got involved and demanded to move fast. Without bringing in CR, this is how DOGE layoffs that were ordered to go fast unfolded. Even without court orders people got told they were fired, then on admin leave, then fired again for another reason, then maybe rehired. I get that. But also, any competent AD should have a "war plan" gamed out for firing a coach with a thorough understanding of contractual requirements (particularly if there is a big buyout and there are issues that give you leverage for a 'for cause' firing). I mean this should be sitting locked in a file for every AD no matter how currently happy they are with their coach. It's just common sense given the buyout figures involved. If the idiot politicians gave an order unexpectedly, they still should have had a plan ready to execute. Like I said, this seems like a clown show across the board which is frankly not at all surprising for LSU.
November 11Nov 11 Popular Post 1 hour ago, The Dog said: This guy is trying so hard to be clever, and failing. Miserably. But he's also absolutely wrong. You fucking cheer for Brian Kelly to win every day of the week, twice on sunday, and three times when you're on South Austin's mom, because 1) You want LSU to have to come up with that money 2) LSU suffering always positively impacts Texas, and by far the most relevant and most important reason, which dwarfs the first two, 3) Because if LSU wins they're setting a horrible fucking precedent of shitbaggery and honestly I'd rather not have to witness that shit. Edited November 11Nov 11 by SydneyCarton
November 11Nov 11 1 hour ago, Vertigo said: yet they are somehow expecting Lane Kiffin or Nick Saban to walk through that door. They will likely have to money whip a (supposedly) great coach like aggy did with fisher, or the more likely case hire a guy with an X at the end of his name from the local directional schools.
November 11Nov 11 28 minutes ago, markstanco said: They will likely have to money whip a (supposedly) great coach like aggy did with fisher, or the more likely case hire a guy with an X at the end of his name from the local directional schools. Coach Arceneaux been winning games at North Central Louisiana State-Shreveport and we think he can continue that winning tradition here in Baton Rouge…
November 11Nov 11 1 minute ago, 'stache said: I think they can get a high level coordinator and is probably the best move imo. Yep but hopefully they wind up with someone shitty.
November 11Nov 11 1 hour ago, Skipper said: But also, any competent AD should have a "war plan" gamed out for firing a coach with a thorough understanding of contractual requirements (particularly if there is a big buyout and there are issues that give you leverage for a 'for cause' firing). I mean this should be sitting locked in a file for every AD no matter how currently happy they are with their coach. It's just common sense given the buyout figures involved. If the idiot politicians gave an order unexpectedly, they still should have had a plan ready to execute. The AD got fired too though
November 11Nov 11 6 hours ago, Loose Stool said: they never "ACTUALLY" fired him, why was he not been at practice the past few weeks and why the hell wasn't he on the sideline on Saturday??? Job abandonment! 5 hours ago, Tex Long said: I've not encountered it anywhere, so I figured it doesn't happen. But, damn, it seems like a pretty obvious method of getting into a situation where a school can ditch a coach and put him into a position of being amenable to a negotiated exit. Didn’t this happen with McWilliams and/or mackovic?
November 11Nov 11 15 minutes ago, 'stache said: I think they can get a high level coordinator and is probably the best move imo. Will Stein, Hartline, or Brady would all kill there. So I hope they don’t hire any of them.
November 11Nov 11 3 hours ago, Hornius Emeritus said: Good luck hiring anybody decent in the future. that job has as good or better access to top talent than maybe any school in the country. if you're not incompetent you can win big in baton rouge, and in spite of all this bullshit there will be plenty of coaches jumping at the chance to go there.
November 11Nov 11 7 hours ago, 956 Worldwide said: I have seen it before but the public comms from the institution have always been disciplined if they go that way: “SWLSU has decided to reassess the direction and leadership of the football program. DC Cletus will take over head coaching duties on an interim basis and HC Ricky Bobby has been reassigned to other duties within the athletic department as those discussions continue.” Happy to be corrected but didn't Texas do something similar with Mackovic? Golf course duties or some such. Its been decades and a head injury so I'm sure Im getting it completely wrong.
November 11Nov 11 So they did exactly what I predicted they would do sans a Landry press conference. Please (Never) change Louisiana.
November 11Nov 11 That’s exactly how this is supposed to play out. He has a duty to mitigate so will never get the full amount. He can argue that he ruined his own reputation and isn’t worth a whole lot but somebody will/would hire him at some level. He can’t just do nothing and get the full amount, he’s supposed to at least try to find employment. And yeah, this cycle, he’ll get a job somewhere that will likely overpay and he could end up way better off by taking a settlement. If they are truly lowballing him though he can make them litigate but he’d also be in a position of having incentive to not get a good job. The “for cause” thing is so dumb, they’ll never win that, even if there’s something it didn’t come up at the time they fired him, it was purely wins and losses which is not cause or moral turpitude.Do you know that he has an obligation to mitigate? In commercial real estate, as a landlord, we have the obligation to attempt to mitigate in the event of a default. But it gives us a pretty wide bit of latitude on quality of tenant, etc. Does his contract stipulate that he MUST attempt to land a job elsewhere, and would he have no discretion as to the specific job and whether he would want to work there?
November 11Nov 11 BK should show up on Saturday to coach "But you said I wasn't terminated, so here I am" Pull the ol' Costanza
November 11Nov 11 5 minutes ago, billfromlaketravis said: So they did exactly what I predicted they would do sans a Landry press conference. Please (Never) change Louisiana. LSU Board of Cletuses kicked the BK lawsuit to the Louisiana AG
November 12Nov 12 14 minutes ago, Sbbruin said: Do you know that he has an obligation to mitigate? In commercial real estate, as a landlord, we have the obligation to attempt to mitigate in the event of a default. But it gives us a pretty wide bit of latitude on quality of tenant, etc. Does his contract stipulate that he MUST attempt to land a job elsewhere, and would he have no discretion as to the specific job and whether he would want to work there? "Kelly’s contract contains a “Duty to Mitigate” clause. This clause explicitly requires Kelly to “exercise due diligence and good faith in seeking qualifying employment so long as the liquidated damage obligation exists.” Or, in simple terms, Kelly has to look for another job, and any money that he gets paid from that job would then be used to reduce LSU’s payment." https://huddleup.substack.com/p/inside-brian-kellys-54-million-lsu Thus, he can't sit on his ass and demand full payment. And he can't just go to the local juco and take minimum wage as an "analyst" and collect the balance from LSU. He has to exercise "due diligence and good faith" and therefore he has to actually try to find a good high paying job. If he claims that he tried and struck or could only get a low paying job he needs proof. The fact is that someone would hire him as a HC and pay him well this cycle. He can either let that process play out and if he gets paid less than the buyout collect the balance from LSU, or if he does not want to pursue new employment at this time, take a settlement. The clause is designed to incentivize both sides to settle for a reasonable amount. Edited November 12Nov 12 by 'stache
November 12Nov 12 3 hours ago, Js1 said: The AD got fired too though 3 hours ago, Pato del Muerto said: Or did he? He did. The LSU legal team activated the quitsies clause on that one and double stamped it.
November 12Nov 12 6 minutes ago, Js1 said: LSU Board of Cletuses kicked the BK lawsuit to the Louisiana AG Yeah I think Brady is the only guy that would take the job at this point, and they’d have to wait until nearly Spring Ball to bring him in. Hartline could probably get Penn State. Stein just has to wait out Fisch’s departure at Washington. There are some reports out there that Fisch’s family hates Seattle and moved back to Arizona. So UW opening up might be imminent.
November 12Nov 12 19 hours ago, Tex Pete said: Corrupt sonsofbitches. Kelly , LSU, and/or the State of Louisiana? I am not for employees getting screwed by a former employer, but in the case of Kelly, I hope they go in dry.
November 12Nov 12 This is Brian Kelly we are talking about. If they reassigned him to a dark shed like Adam James, he’d sit in there and draw a paycheck just to be a dick head.
November 12Nov 12 The definition of Cause in the contract, the required procedure and cure period on a Termination for Cause, the statements and settlement offers from LSU after firing Kelly, the fact that someone else was in charge against Bama, etc etc etc all mean that LSU has zero chance of showing Kelly wasn't actually fired earlier and turning this into a termination for cause. The argument feels so weak that I'd be tempted to ask for sanctions if it wasn't my own DJ lawsuit. Edited November 12Nov 12 by APMP
November 12Nov 12 2 hours ago, Sbbruin said: Do you know that he has an obligation to mitigate? In commercial real estate, as a landlord, we have the obligation to attempt to mitigate in the event of a default. But it gives us a pretty wide bit of latitude on quality of tenant, etc. Does his contract stipulate that he MUST attempt to land a job elsewhere, and would he have no discretion as to the specific job and whether he would want to work there? That's pretty much contract law. There's variations here and there, state by state, but duty to mitigate damages is pretty standard. The most general statement: Second Restatement of Contracts §350: Avoidability (1) Except as stated in Subsection (2), damages are not recoverable for loss that the injured party could have avoided without undue risk, burden or humiliation. (2) The injured party is not precluded from recovery by the rule stated in Subsection (1) to the extent that he has made reasonable but unsuccessful efforts to avoid loss.
November 12Nov 12 So, my question with regards to the “Duty to Mitigate” clause, is how far does that go? Does he have to keep looking for a coaching job, any coaching job, until he finds one? Is he forced to accept a coordinator job at a shitty place like Youngstown State or something like that, if that's all who's offering? How long is he required to make the effort? I mean, can they effectively force him to take a job that he deems beneath him and if he refuses, they accuse him of acting in bad faith? My guess is that ultimately both sides will come to some sort of settlement to avoid having to address those situations, but if they don't, then what?
November 12Nov 12 20 hours ago, Skipper said: LOL. What a clown show if this is accurate. If your goal was to negotiate the buyout, how do you not have your ducks in a row from a leverage perspective as the season started going downhill and this was a possibility? Amateur hour all around. How you ask? Because the former AD was a complete moron at hiring and firing. Think you might want to call the attorney before to review it. LSU now claiming Kelly never actually worked there.
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