Arkansas stops paying Bielema's buyout, Bert wins settlement, Law in Shambles

BMF

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This is great. I'm sure a lawsuit is to follow, but good for Arkansas for telling him to f-off!

He's been working for the Pats for $50k/year, and collecting $300+K/month from his buyout. They stopped paying the buyout money....

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Foundation should be free of Bielema burden

Foundation should be free of Bielema burden

It has become fairly common knowledge that the Razorback Foundation, with the blessing of the University of Arkansas, decided former head coach Bret Bielema was not living up to his end of the contract.

His contract called for him to actively pursue another job.

Instead, Bielema became a volunteer for the New England Patriots for more than a year. Then it was announced he would become the defensive line coach for the Patriots in 2019.

From the time he was fired at Arkansas in November 2017 until Dec. 31, 2018, the Foundation paid him $320,833.33 every month, but nothing since.

He would have received 37 of those payments totaling $11,935,000.

Instead of having his agent seek jobs, Bielema was happy to help the Patriots and let the Razorback Foundation allow him and his family to live a life of luxury.

His Arkansas contract, approved by former athletic director Jeff Long, even allowed Bielema to make $50,000 a year and it not count against his monthly payments from his buyout.

No wonder Long was fired first.

It now seems Bielema, through his agent Neil Cornrich, is fighting back, and the whole thing may be headed to court.

If the Patriots are sticking it to the Razorback Foundation and paying Bielema just $50,000 a year, then shame on a team owner who may have spent that much at massage parlors.

And shame on Bielema for not seeking a full-time job within weeks of being fired.

He was very hireable off his Wisconsin resume — probably not in the SEC, but certainly in other conferences.

Maybe it isn’t so odd that Long, who became athletic director at Kansas, chose to hire Les Miles as his football coach instead of Bielema.

Long thought he had taken care of Bielema for life.

If the Razorback Foundation is successful — and it should be — it could save more than $7 million of that Bielema buyout.

That could be huge for the Foundation.

More than $1 million worth of tickets are going unsold each game, partly because of the product on the field. Donors also no longer receive tax deductions, making it harder and harder to raise money.

Not to mention the debt service on the bonds that were purchased to add 3,200 seats at Reynolds Razorback Stadium at a cost of $159 million. As former UA board of trustees member David Pryor said, nothing in that addition was for the students.

Of course, there’s always a chance of a negotiated settlement between the Foundation and Bielema.

Apparently, Bielema has the backing of the Patriots.

There is obvious concern from fans about the University of Arkansas losing football recruits.

While that is normal, not all the recruits are bailing because of what they see on the field.

Chad Morris will say it was by mutual agreement that one of the recruits decommitted, but the truth is the head coach pulled the offer during the visit.

Let’s just say Morris wasn’t pleased with what went on off the field.

USA Today ran its annual list of coaches’ salaries, and No. 1 was Clemson’s Dabo Swinney at $9,315,600. Nick Saban was No. 2 at $8,857,000, but Saban has other perks, such as rent-free housing.

Arkansas’ Chad Morris was No. 28 at $4 million, which ranks him No. 8 in the SEC.

Texas A&M’s Jimbo Fisher was No. 4 at $7.5 million. He’s 13-7 at A&M, and 7-5 in SEC play. Of course, his salary was based on what he did at Florida State, where he was 83-23 and won the 2013 national championship.

His buyout is the highest in the country at $60 million. Morris’ buyout is about $10 million.
 

78

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My ex-wife did something similar.

On second thought, maybe I don't want to go into that.
 

Double Gator Dad

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This is great. I'm sure a lawsuit is to follow, but good for Arkansas for telling him to f-off!

He's been working for the Pats for $50k/year, and collecting $300+K/month from his buyout. They stopped paying the buyout money....

Like It Is:
Foundation should be free of Bielema burden

Foundation should be free of Bielema burden


Published: Thursday, October 24, 2019
New England Patriots defensive line coach Bret Bielema watches during an NFL preseason football game against the Detroit Lions in Detroit, Thursday, Aug. 8, 2019. (AP Photo/Paul Sancya)

It has become fairly common knowledge that the Razorback Foundation, with the blessing of the University of Arkansas, decided former head coach Bret Bielema was not living up to his end of the contract.

His contract called for him to actively pursue another job.

Instead, Bielema became a volunteer for the New England Patriots for more than a year. Then it was announced he would become the defensive line coach for the Patriots in 2019.

From the time he was fired at Arkansas in November 2017 until Dec. 31, 2018, the Foundation paid him $320,833.33 every month, but nothing since.

He would have received 37 of those payments totaling $11,935,000.

Instead of having his agent seek jobs, Bielema was happy to help the Patriots and let the Razorback Foundation allow him and his family to live a life of luxury.

His Arkansas contract, approved by former athletic director Jeff Long, even allowed Bielema to make $50,000 a year and it not count against his monthly payments from his buyout.

No wonder Long was fired first.

It now seems Bielema, through his agent Neil Cornrich, is fighting back, and the whole thing may be headed to court.

If the Patriots are sticking it to the Razorback Foundation and paying Bielema just $50,000 a year, then shame on a team owner who may have spent that much at massage parlors.

And shame on Bielema for not seeking a full-time job within weeks of being fired.

He was very hireable off his Wisconsin resume — probably not in the SEC, but certainly in other conferences.

Maybe it isn’t so odd that Long, who became athletic director at Kansas, chose to hire Les Miles as his football coach instead of Bielema.

Long thought he had taken care of Bielema for life.

If the Razorback Foundation is successful — and it should be — it could save more than $7 million of that Bielema buyout.

That could be huge for the Foundation.

More than $1 million worth of tickets are going unsold each game, partly because of the product on the field. Donors also no longer receive tax deductions, making it harder and harder to raise money.

Not to mention the debt service on the bonds that were purchased to add 3,200 seats at Reynolds Razorback Stadium at a cost of $159 million. As former UA board of trustees member David Pryor said, nothing in that addition was for the students.

Of course, there’s always a chance of a negotiated settlement between the Foundation and Bielema.

Apparently, Bielema has the backing of the Patriots.

There is obvious concern from fans about the University of Arkansas losing football recruits.

While that is normal, not all the recruits are bailing because of what they see on the field.

Chad Morris will say it was by mutual agreement that one of the recruits decommitted, but the truth is the head coach pulled the offer during the visit.

Let’s just say Morris wasn’t pleased with what went on off the field.

USA Today ran its annual list of coaches’ salaries, and No. 1 was Clemson’s Dabo Swinney at $9,315,600. Nick Saban was No. 2 at $8,857,000, but Saban has other perks, such as rent-free housing.

Arkansas’ Chad Morris was No. 28 at $4 million, which ranks him No. 8 in the SEC.

Texas A&M’s Jimbo Fisher was No. 4 at $7.5 million. He’s 13-7 at A&M, and 7-5 in SEC play. Of course, his salary was based on what he did at Florida State, where he was 83-23 and won the 2013 national championship.

His buyout is the highest in the country at $60 million. Morris’ buyout is about $10 million.


I'm not sure if New England is to blame here as much as Bielema and Arkansas. But then again, I don't follow the NFL so I don't have all this latent hatred for the Pats or their owner.

From where I am sitting it looks as though New England is merely reaping the benefits associated with the stupidity/incompetence of others. You know, like Auburn, South Carolina, and Kansas have of UF.

This should end up being a very interesting court case since there clearly appears to be intent on Bielema's part to stick it to Arkansas and maybe, just maybe, it will begin a change in the way these contracts are written so that the contracts protect the universities from their own stupidity.
 

BMF

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I'm not sure if New England is to blame here as much as Bielema and Arkansas. But then again, I don't follow the NFL so I don't have all this latent hatred for the Pats or their owner.

From where I am sitting it looks as though New England is merely reaping the benefits associated with the stupidity/incompetence of others. You know, like Auburn, South Carolina, and Kansas have of UF.

This should end up being a very interesting court case since there clearly appears to be intent on Bielema's part to stick it to Arkansas and maybe, just maybe, it will begin a change in the way these contracts are written so that the contracts protect the universities from their own stupidity.

Bielema's agent should have known better. There is clear intent here to stick it to Arkansas.

BUT....let's talk about Randy Shannon's contract at UCF; his contract is for $250K/year....until his buyout from UF runs out....then he gets a bump to $1 million/year. That's f'cked up too. I'd be curious to see the difference in the contract wording. Butters got $300k coaching the WR's at Michigan last year and he's getting around $600K as the head coach at CMU - but, again, I don't think there's any reduction in the buyout due to the way the contract was written.
 

oxrageous

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His contract called for him to actively pursue another job.
Need more detail than this. How do you define it? Also, the Patriots can pay whatever they want, Burp doesn't have to accept it. Blaming them for any part of this is BS.

Personally I think Arkansas is going to have to pay up. He DID get a job, who cares what it pays? Did the contract stipulate it had to be a head coaching job or something?
 

BMF

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Need more detail than this. How do you define it? Also, the Patriots can pay whatever they want, Burp doesn't have to accept it. Blaming them for any part of this is BS.

Personally I think Arkansas is going to have to pay up.

I agree. But they will probably prove/argue the "the average NFL DL coach makes X amount/year" and they'll be on the hook for the remaining amount. The legal fees will probably be $500K to fight this.
 

oxrageous

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I agree. But they will probably prove/argue the "the average NFL DL coach makes X amount/year" and they'll be on the hook for the remaining amount. The legal fees will probably be $500K to fight this.
Exactly, so they'll blow another six figures on lawyers. Right or wrong, Arkansas drew up that contract. Something has to give with this lunacy.
 

BNAG8R

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Don’t sign stupid contracts that allow that to happen. It’s pretty simple, really. The people who need to get fired are the admins and legal staff that agreed to that language, but it’s “oh he’s not adhering to the spirit of the agreement” bullshyt that is normal these days.
 

Swamp Donkey

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PDS to show up and claim incompetent attorneys who work for UAAs arent to blame.
 

Swamp Donkey

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Exactly, so they'll blow another six figures on lawyers. Right or wrong, Arkansas drew up that contract. Something has to give with this lunacy.
People litigate lack of good-faith commonly and judges punish people for lack a good-faith regularly.

when fat boy was at least employable as a position coach or even I guess a coordinator in some low-level school, it's going to be hard for him to argue that he was acting in good faith when he took a volunteer position and then took a salary equivalent to a senior school bus driver.

This happens in divorce settings with people trying to lower their income to lower child support or alimony. Its common in employment law also. It's a simple as imputing average income to the person who's not acting in good faith. I'm sure Arkansas will argue he should be in queue imputed P5 coordinator or g5 head coach type salary. They've got a pretty good chance of winning. Probably the worst case scenario is him getting imputed with NFL position coach salary (a normal salary, not 50k).

Any low-level associate can handle a case like this. It shouldn't be particularly expensive and Arkansas should have staff attorneys, though of course many of these types of never seen a courtroom.

If I were advising them I'd probably have them pay the difference though rather than cutting him off completely. Good faith goes both ways. also if you're sending him half a check instead of the full one he may not sue. forcing to see this way if you're not sending even a penny.
 

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I don;t see how ARK wins this b/c to me it comes down to the definition or the legal interpretation of "actively pursue". Is it the same for someone who draws unemployment benefits that they have to search for a job? Does Burt have to show proof that he filled out applications or sent resumes in for specific job openings? How does ARK know that perhaps some colleges and pro teams have not discussed Burt's name when considering coaches for certain levels and have decided he was not for them. To me it is simply ARK trying to get out from under a horrible contract they signed. Sounds kind of like a coach I know of who received a full buyout even after he lied and made up something about "certain threats".
 

oxrageous

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If I were advising them I'd probably have them pay the difference though rather than cutting him off completely. Good faith goes both ways. also if you're sending him half a check instead of the full one he may not sue. forcing to see this way if you're not sending even a penny.
There isn't a chance in hell they can justify cutting him off 100% - there's just no way.
 

GatorInGeorgia

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BUT....let's talk about Randy Shannon's contract at UCF; his contract is for $250K/year....until his buyout from UF runs out....then he gets a bump to $1 million/year. That's f'cked up too. I'd be curious to see the difference in the contract wording. Butters got $300k coaching the WR's at Michigan last year and he's getting around $600K as the head coach at CMU - but, again, I don't think there's any reduction in the buyout due to the way the contract was written.

People litigate lack of good-faith commonly and judges punish people for lack a good-faith regularly.

when fat boy was at least employable as a position coach or even I guess a coordinator in some low-level school, it's going to be hard for him to argue that he was acting in good faith when he took a volunteer position and then took a salary equivalent to a senior school bus driver.

This happens in divorce settings with people trying to lower their income to lower child support or alimony. Its common in employment law also. It's a simple as imputing average income to the person who's not acting in good faith. I'm sure Arkansas will argue he should be in queue imputed P5 coordinator or g5 head coach type salary. They've got a pretty good chance of winning. Probably the worst case scenario is him getting imputed with NFL position coach salary (a normal salary, not 50k).

Any low-level associate can handle a case like this. It shouldn't be particularly expensive and Arkansas should have staff attorneys, though of course many of these types of never seen a courtroom.

If I were advising them I'd probably have them pay the difference though rather than cutting him off completely. Good faith goes both ways. also if you're sending him half a check instead of the full one he may not sue. forcing to see this way if you're not sending even a penny.

BMF makes a good point about coaches like R. Shannon and McElwain being paid less than market value.

It begs the question...what are the differences in the contracts we had coaches sign compared to Bilema’s contract with Arkansas? Did we not include salary offset language or if we did, is our athletic department just too afraid to take similar steps to what Arkansas has taken to protect ourselves from being taken advantage of by several of our former coaches? Anyone have insight into this?
 

aka

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Arkansas could publicly say they're going to have the Clinton's look into it. Burt would then either drop it or be found choked on a ham sammich.
 

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BMF makes a good point about coaches like R. Shannon and McElwain being paid less than market value.

It begs the question...what are the differences in the contracts we had coaches sign compared to Bilema’s contract with Arkansas? Did we not include salary offset language or if we did, is our athletic department just too afraid to take similar steps to what Arkansas has taken to protect ourselves from being taken advantage of by several of our former coaches? Anyone have insight into this?
Less than market value is one thing - their performance rates them “less than average” and the pay matches. Pigbert is volunteering, for the most part. That’s completely different. They’re taking advantage of the contract. I’m with Donk - Arky will win this one but the court fees will hurt. Most likely settle.
 

Swamp Donkey

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BMF makes a good point about coaches like R. Shannon and McElwain being paid less than market value.
When you fire someone, you do damage their worth. McElstain is worth less now than say if he had taken the Oregon State job in 2016 or 2017. You can expect they may be below average at that point.

Taking an NFL job for less than a janitor makes in Boston however (and the amount being exactly the amount you can pocket) is a pretty easy call if Im the judge as evidence of lack of good faith.

If it were me defending the university (lets let Butters bc I know the situation better), I would argue that you damaged yourself by making false statements about the fanbase and publicly disparaging the AD. Essentially that you made yourself unemployable by malfeasance or misfeasance. Moroever, the product you put on the field damaged your own employability bc you were consistently poorly prepared and didnt bother to recruit until January. Again your own nonfeasance and misfeasance.
 
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