Forget Leach And Leavitt

[The Fake Lonnie Finch]

...against their former employers, Texas Tech and South Florida:

http://www.abajournal.com/magazine/article/benched_coaches_shooting_back/

This is actually a pretty good read from the ABA journal about coaching and the law, and how much is at stake these days for both the school and the coaches.

If anyone has a copy somewhere of those links that have the coaching contracts, please link a copy of Leavitt's. Odds are it will contain a clause saying USF owes him nothing more if he finds gainful employment elsewhere. His current suit seeks the $7 million USF still owed him.

If the future employment clause does exist within his USF contract, our deal would have to be sweet enough to match what he might be granted should he win the suit.

As to Mark Mangino, he and Kansas made a final settlement that I'll have to look up again. I don't believe his settlement precluded him working again. As I recall, it was a full and final settlement.

...

I've discussed all of this before. Schools will include these clauses to protect themselves from paying on multiple contracts. For example, Darrell Dickey's contract didn't include the clause, so we had to keep paying him even though Utah State hired him a few months after we fired him.

Many of these clauses will also stipulate that the coach must continue to seek opportunities within the profession in order to keep receiving payments. Then, if they do find other coaching jobs, the payments end.

That is part of the reason why you see coaches, such as Dennis Franchione, applying for coaches spots that open up after every season. The former school make the contract so that the coaches, if fired, can't just sit at home and collect paychecks.

Back in the 1990s, Oklahoma fired Gary Gibbs without either clause. As a results, they paid him until 2000. He collected checks from OU for the 1995 through 1999 seasons. In fact, during the 1999 season, OU was paying three head coaches - Bob Stoops, John Blake, and Gary Gibbs. And, you think we've got problems!

Gary Gibbs began to sell insurance during his down time. So, he collected two paychecks during that time period. Once OU's obligations ran out, he got back into the coaching business, becoming Georgia's defensive coordinator in 2000.

Most schools have wised up to this and now include the clause that requires the former coaches to actively seek employment in the coaching profession.

...

I'd like to have Jim Leavitt, but with his lawsuit still hanging out there, the amount needed to draw him is going to be near the $7 million he was due on his final USF contract.

If I were RV, I would call his agent, at minimum, to see exactly how confident they are in winning and how eager he is to get back into coaching. Such would be proper due diligence on RV's part in keeping with his responsibilities to find us a competitive, competent coach.

In addition, I'd be on the phone with all other formers who have built successful programs - Steve Logan, Jeff Bower, Dennis Franchione, Glen Mason, etc.

[EagleMBA]

Oops! I did not realize that Leavitt was in litigation. The numbers make him untouchable. Oh well.

Leach is a head case IMO and I'd just as soon pass on him anyway.

This isn't going to be easy!

[SteaminWillieBeamin]

I wouldn't trust Leavitt with the Texas heat anyhow. He has proven himself unrealiable.

[VideoEagle]

TFLF, good find on the article!

[gangrene]

I love the fact that the former Montana State women's BB HC (or, at least, someone claiming to be her), mentioned in the article, posted a comment.

[stebo]

I am pretty sure that he would just be guaranteed the 7 mil despite his new salary. That is how ULM got Weatherbie so cheap, his salary was 1 dollar for his first year and Navy continued to pay him the remaining 1:999999.99 million. His second year salary went up to like 25k and eventually his Navy contract ran out and they paid him what they could afford..he did this for two reasons, to stick Navy with the bill for being fired and so that the extra money could be used to bring in assistants. I could not believe that we didn't have a similar contract with double D but I assume he would have just done the same thing. Then you are helping your competition by paying their coach's salary.

Anyways, I am going to assume that Leavitt would get the rest from USF and we would pay the difference. Right? Or does it really pay for these guys to not work at all?

[Huff]

I was going to post my response but Stebo beat me to it. My guess is that if Levitt gets a job at a lower salary then his previous school would only be on the hook for the difference between the two.

[The Fake Lonnie Finch]

It's not really "sticking it to" anyone if that's the way the contract is written. I mean, if Navy didn't have the clause whereby they stopped paying Weatherbie if he found another coaching job, then it's their own fault.

As I've said before, you've got to make sure you're covered for all contingencies - mainly, a coach leaving too early because he's successful and someone else money whips him or a coach being fired before a contract is finished.

Either way, a contract is a contract.

I'd like to see Leavitt's contract. My guess is, he's in litigation because there was a clause allowing USF to terminate him without pay under certain circumstances. Also, a positive court outcome for him, might "clear" his name among potential employers.

Although...his resume is good enough to get him in the door anyway. Schools with alot of pressure to win will gamble on guys who have won. Rick Neuheisel, anyone? Trouble following Butch Davis from port to port?

If you've won at the BCS level, someone will give you another shot.

[Side Show Joe]

I'm watching the Tennessee/Jacksonville game. I wonder if we coild go after Chuck Cecil. I like the Titans D. I wonder what he makes a year?

[gangrene]

I'd like to see Leavitt's contract.

I haven't had the time to review it yet, but here it is.

[gangrene]

Ok, having glanced over the termination clauses, Leavitt is owed 75% of his pay, until the year 2014, if he's terminated by the University without cause, but is only owed 1/12 of his adjusted base rate of pay (and I don't see anything indicating this is more than a one-time payment for one season) if he's terminated with cause. Even if the termination with cause pay is until 2014, that's a 66.67% difference between cause and without cause.

In addition, he would still be paid a salary through 2014 from USF if he obtained another football-related position, provided he was terminated without cause - it would just be the difference between his salary at his new position and 75% of the base salary he would have earned at USF.

[The Fake Lonnie Finch]

University firing without cause:

75% of salaray + television/radio/endorsements (shoe money)

2010: $800,000 + $900,000 = $1,275,000 - Amount paid by subsequent coaching job

2011: $850,000 + $950,000 = $1,350,000 - Amount paid by subsequent coaching job

2012: $900,000 + $1,000,000 = $1,425,000 - Amount paid by subsequent coaching job

2013: $950,000 + $1,050,000 = $1,500,000 - Amount paid by subsequent coaching job

2014: $1,000,000 + $1,100,000 = $1,575,000 - Amount paid by subsequent coaching job

TOTAL: $7,125,000 - Amounts paid by subsequent coaching job

"If the University terminates this Agreement without cause, Coach agrees to use reasonable efforts to obtain similar football related position between date of termination and the term the contract would have otherwise concluded."

That is the clause that says he has to look to similar employment. USF could argue he didn't look in 2010, so they don't owe him 2010 money. Dennis Franchione, on the other hand, obviously does this because his clause with Texas A&M was similar.

University firing with cause:

1/12 of adjusted base pay rate (salary) only:

2009 salary: $750,000 x 1/12 = $62,500

Edited October 19, 2010 by The Fake Lonnie Finch

[The Fake Lonnie Finch]

What I find interesting is that in 2002, a private not-for-profit foundation was established to help fund USF athletics. That's how you become a major player these days. And, it makes sense.

With a foundation established, you can continually fund things like coaches salaries with annuities, bonds...whatever. The money you get in donations to the foundation keeps making money for the school.

[The Fake Lonnie Finch]

Thank for the contract post, gangrene. Contracts are fun to read! I get tired of reading lease agreements for our customers. Good to read a different kind of contract for a change.