volinbham
VN GURU
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I really hope Tennessee finishes paying Jones off and then takes him to court for breach of contract
UT probably just doesn't want to get sued by Butch if they stopped paying him, which he would almost certainly do. It's either pay Butch his buyout or don't pay his buyout and have it tied up in court for a long time and incur all those expenses. And if you lose the lawsuit, you end up having to pay him anyway.Is there not some kind of legal/audit team at the university who should pursue this?
Unlike them, these lower-paid analysts are not allowed to coach or recruit. They instead help analyze film and are valued for their expertise by the schools that can afford them.
I don't understand this. How is Lyle allowed to be on the sidelines during games? If he isn't coaching, what is he doing and why is he needed on the sideline?
It’s a public institution. Whose to say we couldn’t file suit against him?“Jones, 51, instead is apparently meeting his contractual duty to Tennessee by getting a job as an analyst at Alabama for $35,000, leaving Tennessee on the hook.”
Or Tennessee is choosing not to pursue it. Phil is probably getting a nice Christmas gift from Jimmy Sexton this year.
Is there not some kind of legal/audit team at the university who should pursue this?
I'm pretty sure it does. Coaches do the kind of thing Butch is doing all the time and are very rarely sued over it. Bielema's case is an exception.It’s a public institution. Whose to say we couldn’t file suit against him?
Any attorney’s here?
At worst, Jones should have an assistant job or a HC job at a lesser program. Doing a token interview doesn’t seem to fulfill his obligation to mitigate the buyout.
I get the frustration at Jones. But I don’t think people are taking into account how if we went after him that may have an adverse impact on our next coaching search.I'm pretty sure it does. Coaches do the kind of thing Butch is doing all the time and are very rarely sued over it. Bielema's case is an exception.
We've been 15 rounds on that one.Not according to the 'liquidated damages' clause of his contract it doesn't.
We've been 15 rounds on that one.
You read "reasonable best efforts to mitigate the University's obligation to pay liquidated damages...by making reasonable and diligent efforts...to obtain another position" (italics mine) as being contractually forced to accept another job. I don't. He appears to be doing the contractual bare minimum to keep his buyout. He has to make reasonable efforts to get a job, not actually accept one.
I don’t think a judge or jury in this country would say he has to accept the offer.The language in his contract is specific, to the positions that satisfy the terms of the contract. Choosing to stay as an "analyst" at Alabama, is in breach of those conditions given that Saban himself has gone on record saying that Butch turned down coaching opportunities in order to stay as an "analyst" at Alabama.
It's pretty cut and dry.
I don’t think a judge or jury in this country would say he has to accept the offer.
Not the way that works. Alabama State offers him a job doesn’t mean he has to accept. And by not accepting it would not relieve UT of the agreement.He doesn't have to do anything that he doesn't want to do, but in turning down a coaching position, he is removing UT's obligation to continue paying him liquidated damages. He can stay at Alabama for $35k/year for as long as Saban will keep him.
Not the way that works. Alabama State offers him a job doesn’t mean he has to accept. And by not accepting it would not relieve UT of the agreement.
I stand corrected. Thank you. Which jobs has he turned down?I see you've not read Butch's contract. Section 3.1.4 lays out what is considered an acceptable position for fulfilling his requirement to mitigate the Universities's requirement to pay liquidated damages in the event of termination "without cause":
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I stand corrected. Thank you. Which jobs has he turned down?
Failing to make a reasonable effort to obtain said employment, not failing to obtain said employment, would technically put him in breach of it. Which is probably why Tennessee hasn't sued him.The language in his contract is specific, to the positions that satisfy the terms of the contract. Choosing to stay as an "analyst" at Alabama, is in breach of those conditions given that Saban himself has gone on record saying that Butch turned down coaching opportunities in order to stay as an "analyst" at Alabama.
It's pretty cut and dry.
Failing to make a reasonable effort to obtain said employment, not failing to obtain said employment, would technically put him in breach of it. Which is probably why Tennessee hasn't sued him.
Based on the jobs he's interviewed for, he can argue until the cows come home he made an effort to mitigate the buyout. It doesn't say he actually has to accept.
Yea good luck with that.UT should stop paying Butch, and if he files suit, then they can subpoena Saban and ask him:
"I know Butch had job opportunities after last year and he decided he wanted to stay here." - Nick Saban 10/16/2019