Help me remember about Mike Bianchi

[PatDooleySucks]

Perhaps, perhaps not. If the wording is such that Muschamp is prohibited for one year from recruiting athletes he recruited on Florida's dime I think there is a chance of it standing up. Unless you put it in the contract you'll never know. And if indeed it was in Muschamp's original contract do you honestly believe he would not have come to Florida? Or Mac Elwain for that matter?

No. I don't. No competent agent in the world would ever let somebody sign that contract. "Hey will. They want to guarantee you money to coach here like every other coach in the world gets guaranteed. But Will, check this out. They want to put a clause in the contract that controls you getting the money that they guaranteed you after they fire YOU"

UF isn't in negotiations with guys who are fresh off the bus. They are negotiating with established people. No established person is going to include such nonsense in their contract. Maybe the JV middle school girl's basketball coach would allow that to happen. Again, with no consideration, the clause wouldn't even be enforceable. Let it go. There are other ways to bash Foley. This is not one of them.

 

[WobbleGator]

[QUOTE='78;n170938]A lot of misconception re Bianchi. First, he doesn't need the clicks, and certainly not to amp up his comp. He's paid a salary. Second, that he hates UF. He's a UF grad and certainly does not hate UF, but as pointed out earlier, he'll intentionally ride the contra view to generate interest. That's just Mike being Mike. He loves what he does. I don't always agree with what he writes, but you can't deny him having a lot of contacts in the college football world after being in the industry for over 30 years. BTW, he joined the Sun staff as a UF student about four months after I arrived, in early 1980.[/QUOTE]

Thanks for the correction Bill Bianchi.

 

[LagoonGator68]

With the internet it doesn't take long at all for fans to figure out which writers are just plain old lazy assed muck-rakers like Bianchi and Jeremy Fowler. I have zero respect for their ilk and refuse to read their b.s. They are not alone as CBS sports specializes in that crap type writer. Pat and Robbie aren't much better laziness wise and are always a day late and a dollar short. Those rags might as well shut their sports pages down as they can't keep up with instantaneous news on sites like Gatorchatter.com.

 

[TLB]

What would be the characteristics of an ideal writer/reporter? And is that even possible in today's age?

 

[divits]

No. I don't. No competent agent in the world would ever let somebody sign that contract. "Hey will. They want to guarantee you money to coach here like every other coach in the world gets guaranteed. But Will, check this out. They want to put a clause in the contract that controls you getting the money that they guaranteed you after they fire YOU"

UF isn't in negotiations with guys who are fresh off the bus. They are negotiating with established people. No established person is going to include such nonsense in their contract. Maybe the JV middle school girl's basketball coach would allow that to happen. Again, with no consideration, the clause wouldn't even be enforceable. Let it go. There are other ways to bash Foley. This is not one of them.

I'm not bashing Foley. It's a pertinent question that has cost UF millions.

Here's another conversation,

"Hey Will, you have the opportunity to coach at UF for millions of dollars. We are willing to offer you guaranteed millions even if you are let go for failure to perform, ie, win games. The only stipulation is that we reserve the right to withhold those guanteed millions if you are terminated, with or without cause, if within one year of your termination you are found to have recruited the same players you recruited while in our employ. The reasoning being that you used UF money to form relationships with these players."

As I said before, until it is attempted you really have no clue as to whether it would work or not.

 

[PatDooleySucks]

I'm not bashing Foley. It's a pertinent question that has cost UF millions.

Here's another conversation,

"Hey Will, you have the opportunity to coach at UF for millions of dollars. We are willing to offer you guaranteed millions even if you are let go for failure to perform, ie, win games. The only stipulation is that we reserve the right to withhold those guanteed millions if you are terminated, with or without cause, if within one year of your termination you are found to have recruited the same players you recruited while in our employ. The reasoning being that you used UF money to form relationships with these players."

As I said before, until it is attempted you really have no clue as to whether it would work or not.

Right. You made my point. Nobody is going to attempt it, because no head coach/agent would allow it. As I have repeated and repeated. As to me having a clue, I'm an attorney. I've cited you some basic contract propositions that would not allow for a contract clause like this. Contracts aren't my expertise, but I certainly have a clue. Let it go.

 

[78]

No. I don't. No competent agent in the world would ever let somebody sign that contract. "Hey will. They want to guarantee you money to coach here like every other coach in the world gets guaranteed. But Will, check this out. They want to put a clause in the contract that controls you getting the money that they guaranteed you after they fire YOU"

UF isn't in negotiations with guys who are fresh off the bus. They are negotiating with established people. No established person is going to include such nonsense in their contract. Maybe the JV middle school girl's basketball coach would allow that to happen. Again, with no consideration, the clause wouldn't even be enforceable. Let it go. There are other ways to bash Foley. This is not one of them.

You can't say that. Bret Bielma's contract with Arkansas contains a non-compete that disallows him from coaching elsewhere in the SEC through the end of 2018. Otherwise, the lack of non-competes is what's driving rapidly escalating coaching salaries. They're virtually free to go anywhere anytime.

 

[playzwtrux]

:fingertap:

slow day at the presses.

 

[divits]

Right. You made my point. Nobody is going to attempt it, because no head coach/agent would allow it. As I have repeated and repeated. As to me having a clue, I'm an attorney. I've cited you some basic contract propositions that would not allow for a contract clause like this. Contracts aren't my expertise, but I certainly have a clue. Let it go.

And of course no agent or coach would agree to paying 2 million dollars of their own money for a buyout clause with their old school, right. That would be JV.

I'm sorry if your lawyer credentials do not impress me as much as they apparently impress you. Again, new types of contracts are written all the time. If this has been tried before and failed please cite those examples and I will "let it go" as you so patronizingly suggest.

Non compete clauses and their enforcability vary from state to state and from case to case.

 

[PatDooleySucks]

[QUOTE='78;n171092]


You can't say that. Bret Bielma's contract with Arkansas contains a non-compete that disallows him from coaching elsewhere in the SEC through the end of 2018. Otherwise, the lack of non-competes is what's driving rapidly escalating coaching salaries. They're virtually free to go anywhere anytime.[/QUOTE]

You're obviously not following. If Bielma leaves on his own accord, his non compete clause takes effect. If he's fired, the clause has no bearing. Keep up!

 

[divits]

[QUOTE='78;n171092]


You can't say that. Bret Bielma's contract with Arkansas contains a non-compete that disallows him from coaching elsewhere in the SEC through the end of 2018. Otherwise, the lack of non-competes is what's driving rapidly escalating coaching salaries. They're virtually free to go anywhere anytime.[/QUOTE]

Well that doesn't count. Arkansas is JV.

 

[PatDooleySucks]

[QUOTE='78;n171092]


You can't say that. Bret Bielma's contract with Arkansas contains a non-compete that disallows him from coaching elsewhere in the SEC through the end of 2018. Otherwise, the lack of non-competes is what's driving rapidly escalating coaching salaries. They're virtually free to go anywhere anytime.[/QUOTE]

And, if you do some basic research. Even if Bielma leaves to another institution, attorneys question that specific clause's ability to be enforced. All things that I have previously written/stated

 

[PatDooleySucks]

And of course no agent or coach would agree to paying 2 million dollars of their own money for a buyout clause with their old school, right. That would be JV.

I'm sorry if your lawyer credentials do not impress me as much as they apparently impress you. Again, new types of contracts are written all the time. If this has been tried before and failed please cite those examples and I will "let it go" as you so patronizingly suggest.

Non compete clauses and their enforcability vary from state to state and from case to case.

Huh? Couldn't even decipher that terribly written sentence.

I could care less about what impresses you. Do a quick google search of non compete clauses and you'll see how moronic your ramblings have been. You're being patronized because your slow. I'm trying to help you not look like such an idiot.

 

[PatDooleySucks]

And of course no agent or coach would agree to paying 2 million dollars of their own money for a buyout clause with their old school, right. That would be JV.

I'm sorry if your lawyer credentials do not impress me as much as they apparently impress you. Again, new types of contracts are written all the time. If this has been tried before and failed please cite those examples and I will "let it go" as you so patronizingly suggest.

Non compete clauses and their enforcability vary from state to state and from case to case.

Huh? Couldn't even decipher that terribly written sentence.

I could care less about what impresses you. Do a quick google search of non compete clauses and you'll see how moronic your ramblings have been. You're being patronized because your slow. I'm trying to help you not look like such an idiot.

 

[WobbleGator]

I think PDS really is Dooley.

 

[PatDooleySucks]

But wait a minute, now you are qualifying based on your supposition. You said no one would do it. It's been done and now you back track. Let it go.

No. It hasn't been done. You jumped aboard some other poster's mistake. You didn't bother to look into it yourself. Typical. His non compete is only enforceable if he leaves on his own accord. Not if he's fired. Keep up the good work. Cough Cough

 

[divits]

Huh? Couldn't even decipher that terribly written sentence.

I could care less about what impresses you. Do a quick google search of non compete clauses and you'll see how moronic your ramblings have been. You're being patronized because your slow. I'm trying to help you not look like such an idiot.

You've been proven wrong. Period. Is name calling what you do when you lose regularly in court? I would suppose so.

I did google non-compete clauses and found much to reinforce what I've been saying including this which was written by a contract lawyer who seems to know more than you.
Most states, however, give an involuntary termination less than determinative effect, although to varying degrees. Pennsylvania, by itself, illustrates the range of impact an involuntary termination can have. In a 1995 decision, the Pennsylvania Superior Court held that an employer who fires an employee for poor performance effectively deems the employee to be “worthless” and therefore, in most circumstances, cannot be heard to argue that the employee should not be permitted to compete against it. (How could a “worthless” employee possibly give rise to the need to restrict competition, the argument goes.) In September 2010, however, the same court held that “the circumstances of termination are but one of many factors to be considered by the court and that the issue of enforceability is to be determined on a case-by-case basis.”
Still other courts, absent evidence that the employer breached an employment agreement with the employee or acted in bad faith, can seem relatively unconcerned about the fact that it was the employer, rather than the employee, who severed the employment relationship. In one case before the Indiana Court of Appeals, the former employee, a doctor, argued that the fact that he was terminated without cause “creates … an issue concerning the reasonableness of the covenant.” The Court, citing the at-will employment doctrine and its respect for and belief in “individual freedom to contract,” disagreed and had no trouble enforcing the non-competition provision at issue.

So let's review. You said no coach or their agent would agree to any stipulation regarding non compete yet it has been done by a major college coach and a major institution. You were wrong. You said that the non compete clauses are basically written in stone and there is no chance that it would be upheld. You were wrong. Are you really even a lawyer?

:hehehe:

 

[78]

You're obviously not following. If Bielma leaves on his own accord, his non compete clause takes effect. If he's fired, the clause has no bearing. Keep up!

Sorry, had to run to go make money. Where do you find all the time to read coaches contracts on GCMB?

 

[78]

I get Dooley's point as it pertains to performance. It's subjective. An established coach might hesitate to put that much power at the disposal of the employer. But make no mistake. Bielma's contract does provide some means of protection for Arkansas against him bolting for the next great opportunity.

 

[PatDooleySucks]

[QUOTE='78;n171179]I get Dooley's point as it pertains to performance. It's subjective. An established coach might hesitate to put that much power at the disposal of the employer. But make no mistake. Bielma's contract does provide some means of protection for Arkansas against him bolting for the next great opportunity. [/QUOTE]

Which is what I've said the whole time. If you don't trust me, trust martindale. Dvits should have just let it go when he/she could: