Speaking of buyout clauses, Brian Kelly got a job!

[Dawgzilla2]

Brian Kelly Will Debut On CBS At North Dakota State Vs. Jacksonville State With Bigger Games To Follow | TigerRag.com

TIGER RAG NEWS SERVICES Former LSU coach Brian Kelly will join CBS Sports college football coverage this season as analyst on the network’s weekly studio show “Inside College Football” on Tuesdays during the season. He will also call select games, primarily in the Pac-12 and ?Mountain West...

www.tigerrag.com

CBS sports analyst. Probably doesn't quite match the $9MM/year that LSU owes him, but will save the Tigers a little money.

 

[The Peeper]

I think he's a dou-che' bag, but good for him. I can't imagine being owed $54Million by my former employer and even pretending to look for another job though

 

[GloryDawg]

It might be a good bet on Kalshi he calls our game with Minnesota.

 

[Dawgzilla2]

I think he's a dou-che' bag, but good for him. I can't imagine being owed $54Million by my former employer and even pretending to look for another job though

He was required to make a good faith effort to find a job or risk losing his buyout

 

[BulldogBlitz]

He was required to make a good faith effort to find a job or risk losing his buyout

He faxed in a sheet weekly of his applications for women's handbag salesman, mcds drive thru, and Walmart greeter

 

[dawgstudent]

Hearing he will be an analyst next year on Jeff Lebby's staff**

 

[Awwhellnaw]

 

[The Peeper]

He was required to make a good faith effort to find a job or risk losing his buyout

Just like "State Unemployment Insurance". The unemployed though know the right companies to go to and get their form signed that says they applied but didn't get hired therefore they continue to keep drawing the max amount of time. There are companies that my employees used to tell me about that if you went to the "right man" would charge you to fill out their form and deny you employment so you could continue to sit on your azz and collect unemployment, all the while working as a day laborer for cash too. Seems as if they worked as hard at a legitimate job as they do to scam the system they would make much more but they aren't interested in a steady job.

 

[The Peeper]

Hearing he will be an analyst next year on Jeff Lebby's staff**

At the Univ of OK?**

 

[Dawgzilla2]

Just like "State Unemployment Insurance". The unemployed though know the right companies to go to and get their form signed that says they applied but didn't get hired therefore they continue to keep drawing the max amount of time. There are companies that my employees used to tell me about that if you went to the "right man" would charge you to fill out their form and deny you employment so you could continue to sit on your azz and collect unemployment, all the while working as a day laborer for cash too. Seems as if they worked as hard at a legitimate job as they do to scam the system they would make much more but they aren't interested in a steady job.

Scamming the system is not "good faith". It is bad faith.

If Kelly had accepted a reduced lump sum payment from LSU, he could be retired on a beach somewhere. He chose to continue his career in football, knowing he will be paid over $750,000 per month as long as he keeps working.

A man with Kelly's credentials will find a football job if he tries in good faith. He could probably find a job if he half-assed it. He doesn't have to take just any job that comes along, but he has to try to continue his career.

 

[She Mate Me]

He was required to make a good faith effort to find a job or risk losing his buyout

Brings to mind the very large sandwich artist I encountered at a Subway many years ago. She was talking to a friend while assembling my sammich and was heard to say…

“Yeah I been here a week. Had to apply for jobs to keep my unemployment and damn if I didn’t get this one…”

 

[Seinfeld]

He was required to make a good faith effort to find a job or risk losing his buyout

Is this something that's somehow mandatory by state law? I'm just trying to figure out why a coach of Kelly's caliber would've ever agreed to this in his contract

 

[Perd Hapley]

I actually like the direction CBS is going with this. Save money on the announcers, to make bigger bids on future contracts….

 

[Dawgzilla2]

Is this something that's somehow mandatory by state law? I'm just trying to figure out why a coach of Kelly's caliber would've ever agreed to this in his contract

Its kind of standard, really, especially when the buyout is 100% of your remaining salary. Jimbo Fisher and Billy Napier did not have offsets from future employment, but they only received about 80% of their remaining salary.

The buyout clause is really a liquidated damages clause to avoid litigation. The parties agree that if LSU terminates the contract early, then Brian Kelly is due monetary compensation to make him whole. In this case they agreed he could keep drawing his remaining 6 years of salary.

But, generally, everyone has a legal duty to mitigate their own damages, that is, you take reasonable steps to reduce your own financial loss. If a contractor damages your roof, you don't let it rain in your house and expect the contractor to pay for all the damage...you put up a tarp or something.

In employment law, if someone is wrongfully terminated they cant just sit at home and wait for their fat pay check to keep coming. They have to take reasonable steps to find comparable employment and mitigate their own losses. If the person does not take another job, their judgment might be reduced by the amount they could have earned.

That's what is happening here...LSU says it will continue to pay the agreed upon salary, but it will be offset by whatever Kelly earns elsewhere. And Kelly has to make a good faith effort to find something.

James Franklin had similar terms. When PSU fired him, he was due $49 MM over 7 years. When Franklin was about to take the Virginia Tech job, he accepted a $9 MM lump sum from PSU.

 

[Perd Hapley]

That's what is happening here...LSU says it will continue to pay the agreed upon salary, but it will be offset by whatever Kelly earns elsewhere. And Kelly has to make a good faith effort to find something.

I think “good faith effort” is pretty hard to quantify, legally.

Kelly is 64 years old…just a year or two away from being able to draw social security. He blew up in spectacular fashion at LSU, which he quite obviously, based on his age, took while expecting it to be his last job before retirement.

He did not have a prayer of landing a job that would pay him even 10% of the buyout amount owed after being fired. He has all the argument in the world that his age and the public nature of his dismissal were things that prevented him receiving anything close to replacement compensation.

It was just an idiotic contract for LSU to ever agree to in the first place, and they even doubled down and gave Kiffin an even more ridiculous deal with NO buyout mitigation language.

James Franklin had similar terms. When PSU fired him, he was due $49 MM over 7 years. When Franklin was about to take the Virginia Tech job, he accepted a $9 MM lump sum from PSU.

Franklin wanted to continue coaching, still had a lot of goodwill in the industry, and he actually still came out ahead on the deal. He got a 5-year, $41.75 million deal from Virginia Tech. Add the $9 million from PSU, and its over $50 million, more than PSU would have had to pay him from their buyout. He actually got more from them than they would have legally been required to pay.

 

[Wesson Bulldog]

It's just one season. He will be HC in Starkville next year. We will get him at a bargain.***