Buyout required if Harbaugh comes?
I've been reading some blogs/tweets/opinions about Harbaugh coming to UM that say if he leaves the 49ers at the end of this year, he'd have to buy out his contract. I've also read a couple (eg this one on NinerNation) that say if he resigns and goes to a college, no buyout is required. I'm not a lawyer, nor do I play one on TV. Anyone have knowledge of the terms of his contract, or the law regarding resignation penalties? Info much appreciated...
December 20th, 2014 at 5:28 PM ^
December 20th, 2014 at 5:28 PM ^
Doesn't he only have a buyout for another NFL job?
December 20th, 2014 at 5:37 PM ^
December 20th, 2014 at 8:19 PM ^
"Going to a college team would not result in a damage to SF per se because they're not in competition with them."
...is probably one of the more fascinating—and potentially far-reaching—aspects of this coaching search situation. As college sports have made the subtle shift from "student athlete" to "employee"(and not just in semantics but with some real legal basis too), the competition between the NFL and college for resources (i.e., for talent in both brains & brawn as well as fan dollars) will become much more intense and potentially quite nasty.
A Harbaugh defection to the college ranks might very well be a galvanizing moment for the NFL when they realize the potential threat of a "professionalized" college football. In fact, I would dare say that the NFL brass already recognize this threat and that is why the NFL presstitutes are following their marching orders and so aggressively pushing the "no way Harbaugh goes back to college" propaganda.
I understand that many people (that is to say, casual fans) think that college football players shoud be compensated some money but...if that line is crossed...then do understand that it is "game on" and before long any & all of the old rules will be out the window.
Seriously, what does the NFL offer in a head-to-head battle?
- The college game already has the hearts & emotions of many fans (with it's grip on alumni & even local territorial pride for the non-college educated). Pro teams will pack up and leave town for a better deal but what college has ever engaged in that act of betrayal?
- Money? If Harbaugh receives the rumored contract then he is right on par with NFL coaches. Would player compensation be far behind (maybe not in 2014 dollars but in a big picture sense)?
And if it does get nasty, who's to say that the old boundaries between college & pro will be respected?
- Why wouldn't Michigan & MSU agree play some Sunday afternoon games just to crater the gate receipts (as well as TV ratings) of the Lions?
- Or maybe the NCAA decides that "graduate" students should retain eligibity indefinitely so that the can continue their (paid) studies. What Michigan fan wouldn't love to be bragging about the achievements of the now tenured Dr. Tom Brady?
Interesting times indeed...
December 20th, 2014 at 6:14 PM ^
I would assume there will be some form of damages for college and pros. A breach is a breach, although the damages for each may be different. The NFL vs. College distinction likely comes into play when discussing who he can talk to at this time without that organization "tampering." Michigan can talk to JH without tampering, other NFL teams cannot.
December 20th, 2014 at 6:06 PM ^
December 20th, 2014 at 5:30 PM ^
December 20th, 2014 at 5:33 PM ^
December 20th, 2014 at 5:43 PM ^
December 20th, 2014 at 6:04 PM ^
December 20th, 2014 at 5:33 PM ^
and throw this one out there rather than start another thread:
What is Hoke's coaching staff doing right now? There have been lengthy discussions today on Nuss and GMatt so it sounds like they're still "around," but are they getting paid? Are they still in their offices and able to "check in" on the current players? (I recall a few weeks ago they were pulled off the recruiting trail.) Just wondering how all that is working. Is Hackett telling them to hold tight and they'll be re-interviewed by the new coach?
December 20th, 2014 at 5:38 PM ^
yes. my understanding is they aren't doing anything with the players. hence the reason mike debord was put in charge of player oversight. rumor was mattison cleared out his office a week before hoke was let go, so i assume most have cleared out their space...
December 20th, 2014 at 5:41 PM ^
A week before Hoke was let go would mean four days before The Game. I find that hard to believe.
December 20th, 2014 at 5:40 PM ^
My understanding is that their contracts are being honored, payment-wise, but they were essentially told that they have to reapply for their jobs when the new coach comes. I also saw, somewhere, that Mattison cleared out his office before Hoke was officially fired. No clue how accurate any of that is.
December 20th, 2014 at 6:36 PM ^
December 20th, 2014 at 6:56 PM ^
Greg Mattison is the most likely to be retained. He has a coaching relationship with the Harbaugh family going back thirty years and is generally acknowledged to be an outstanding recruiter.
December 20th, 2014 at 5:36 PM ^
December 20th, 2014 at 5:43 PM ^
December 20th, 2014 at 6:53 PM ^
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December 20th, 2014 at 5:37 PM ^
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December 20th, 2014 at 5:40 PM ^
Good thing we have a Bernstein on the Regents.
December 20th, 2014 at 6:09 PM ^
December 20th, 2014 at 6:18 PM ^
I don't why else he would mention a personal injury lawyer.
December 20th, 2014 at 6:53 PM ^
December 20th, 2014 at 5:46 PM ^
December 20th, 2014 at 5:53 PM ^
December 20th, 2014 at 7:06 PM ^
However, I would wager that there is a buyout clause if he prematurely terminating his contract regardless of where he goes. I can't believe the 49'ers would not protect themselves should he opt to go back to college.
That said, it is possible his agent insisted on that clause but very unlikely.
December 20th, 2014 at 7:16 PM ^
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December 21st, 2014 at 4:11 AM ^
As another lawyer, this would have been my first instinct as well. Normally these sort of damages clauses would take effect as part of a non-compete - i.e. its not likely to kick in if he simply retired or if he suddenly decided to follow his dream of becoming chef or if he took a job coaching his son's rec league football team. In that same vein, Michigan does not compete with the 49ers, so I could see it simply being limited to other NFL teams.
But FTW, a number of college coaches have or had similar buyout clauses that take effect in the event that the coach leaves for the NFL - so the reverse could very well be true in this case:
http://www.nfl.com/news/story/0ap2000000299912/article/will-buyout-clau…
http://www.statecollege.com/news/local-news/penn-state-football-new-obr…
December 21st, 2014 at 5:10 AM ^
Lawyer as well.
First instinct also.
They didn't think it through.
December 20th, 2014 at 6:05 PM ^
according to 49ers nation he could just resign and sign with Michigan with no buyout required just like Saban and Petrino.
December 20th, 2014 at 6:30 PM ^
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December 20th, 2014 at 6:44 PM ^
always wondered how so many coaches get out of contracts so easily. What about coaches who are still under contract but decide to retire, are they forced to pay some buyout? You are right of course, only way to know for sure is to read the contract, which is not available to us.
December 20th, 2014 at 9:07 PM ^
What if just decided he'd had enough and wanted to retire and move to Tahiti. Does he still owe money? Can he be forced to work against his will? It's sounds a little bit like forced labor.
December 21st, 2014 at 12:08 AM ^
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December 21st, 2014 at 4:14 AM ^
Slavery was outlawed by the 13th Amendment to the Constiution, so no. Financial damages for breah or contract, yes. Slavery, no.
December 20th, 2014 at 6:14 PM ^
I'm only familiar with corporate contracts but as previous mentioned they are all tailored per situation.
December 20th, 2014 at 6:28 PM ^
Harbaugh is holding all the cards.
It is widely reported that Harbaugh and 49er's management do not get along. If they fire him they own him $5 million. If they don't fire him, they have to keep him and pay him $5 million.
If they try to trade him to another NFL team, he has the right to approve the trade. The 49ers will demand something in return from the team they trade him to, but he is still only obigated to coach for that team in 2015. After 2015, he becomes a free agent, so his trade value is diminished. If the 49ers can't trade him, they are back to keeping a coach they don't want or firing him and paying him $5 million.
Or the 49ers can release him from the final year of his contract and allow him to take the Michigan offer and everyone will be happy.
December 20th, 2014 at 6:35 PM ^
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December 20th, 2014 at 8:51 PM ^
December 21st, 2014 at 5:31 AM ^
December 20th, 2014 at 6:58 PM ^
December 20th, 2014 at 7:14 PM ^
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December 20th, 2014 at 8:44 PM ^