MGoGrendel

February 17th, 2022 at 11:29 AM ^

Let's see what Mel does given some time.  For example from 1995 to 1997, Sparty finished 6–5–1, 6–6, and 7–5 with Saban.  1999 was a huge year with a 9-2 record with wins over ND, M, PSU, and OSU after beating #1 OSU in '98.  He wouldn't have ben hired at LSU after 1997 results.

MrWoodson

February 17th, 2022 at 12:00 PM ^

It's mentioned at the very end of the contract. It is a nonelective annual contribution of $1 million per year for Jim Harbaugh into the University of Michigan 403(b) Supplemental Defined Contribution Benefit Plan. Not my area of expertise, but it looks like just a contribution into a defined benefit retirement plan.

FB Dive

February 17th, 2022 at 10:53 AM ^

Usually buyouts are paid by the program/franchise that hires away a coach, not the coach themselves, because the program will agree to assume liability for the buyout when they hire the coach. And because the legal liability for the buyout is so clear-cut once a program assumes that liability, they pay it without fuss because why waste money on legal fees on a losing case.

NFL teams have so much money that no reasonable buyout was ever going to scare them away, but $3 million is especially paltry. It would have been nice to see a higher buyout if the true purpose is to send a message of stability.

Creedence Tapes

February 17th, 2022 at 11:35 AM ^

NFL teams have so much money that no reasonable buyout was ever going to scare them away, but $3 million is especially paltry. It would have been nice to see a higher buyout if the true purpose is to send a message of stability.

Perhaps this was the best that both parties would agree too. Certainly Harbaugh doesn't his options to be limited due to the cost of the buyout, so maybe this was as much as he would have agreed to. It's better than nothing I suppose. 

massblue

February 17th, 2022 at 2:39 PM ^

Does not matter who is going to pay it.  The only way school will collect is to sue the coach.  He is party to the contract.  RR negotiated his buyout down when he came to UM.  The full buyout is never collected.  I am talking from experience. At my institution, we lost 3 coaches in 4 years (2 of them in the same sport!), and I think the net amount that we received was about half the agreed amount.

FB Dive

February 18th, 2022 at 5:31 PM ^

You're right that privity prevents the school from suing the NFL team for breach of contract, but they could sue the NFL team for tortious interference. From there, the old coach would be brought in as a third-party and after a series of cross/counterclaims, the new team pays the buyout to the old team. Or the school does sue the old coach first, who then immediately impleads the new team. Regardless of the procedural posture, the case effectively becomes old school vs. new team.

Obviously, that's makes for a needlessly messy and expensive legal battle, which is why it doesn't happen. But the school does have clear legal avenues to recover the buyout from the new team. 

I don't doubt your personal experiences that the buyout doesn't get paid in full, but it's just not accurate to say the full buyout is "never collected." USC paid Lincoln Riley's $4.5 million buyout in full, with no fuss, surely aware that if Oklahoma wanted to get it, they had no way to avoid paying. The reason schools sometimes agree to negotiate down buyouts is to make it easier to hire a new coach. Coaching candidates are more likely to accept a job if they have flexibility to leave it, and they have greater flexibility to leave if future teams aren't scared away by buyouts.

Toasted Yosties

February 17th, 2022 at 10:56 AM ^

If it’s for the recruits, then it’s a “commit to the school, not the coach” fair warning to them. That’s chump change to any potential NFL suitor. I’m wholly okay with it. I’m just curious what’s Warde’s take on it. Is he doing it kindly for Harbaugh or is he still unsure if Harbaugh’s the long-term answer? Since I’m uncertain myself, I’m actually pretty happy to see such a small buyout.

bluesparkhitsy…

February 17th, 2022 at 11:45 AM ^

Buyouts definitely are not window dressing — at least, primarily. The contractual intent is to recoup the “damage” to the university if the coach breaches the contract by leaving early.  Buyouts are often paid outright by the acquiring party.  If the circumstances of the breach are not entirely clear (e.g., coach leaves for another position but contends he effectively was forced out), they are usually negotiated, and some lesser amount is paid.  They rarely result in litigation, but that’s simply because a deal is usually in place (either the original deal or a new deal in situations like my above example).

As far as what message any particular contractual provision sends, this is a matter of interpretation.  This relatively low buyout might in part have been a signal to Harbaugh that the university trusts him to keep his word.  That might have been important to him after last year’s difficult pay cut.  Recruits could view it in opposite ways — on one hand, a signal that Harbaugh could still be bought away, but on the other hand, a signal that he’s at Michigan because he and the university want him to be, not because he’s handcuffed by money.  

If he’s true to his word, this gesture might have meaning to him that will increase his bond to Michigan.  If he’s not, it might later seem like a mistake.  Personally, I’m inclined to take off my lawyer hat here and to view this in the most positive light.

JonnyHintz

February 17th, 2022 at 3:29 PM ^

I don’t think the point is necessarily to deter an NFL team from signing. Realistically, every NFL team and most top college teams can find the funds to pay off a significant buyout (which almost always gets negotiated down anyway). 

However, a higher buyout sets the school up for success after the coach leaves. Hypothetically say Harbaugh goes to the NFL next year and Michigan collects $2 million. That $2 million goes towards paying the buyout of the new coaching hire. Now I’ll play captain obvious here, the more money you get from the buyout of your departing coach, the less fundraising you have to do to bring a new guy in. 
 

As far as a deterrent, if the NFL team likes another candidate on a similar level as Harbaugh, but Harbaugh is more expensive on the buyout side of things, THAT’S where it could be a deterrent. But if they’ve settled on Harbaugh being THE guy, there’s no amount that’s going to stop them. But again, the higher that amount is, the better position your school is in moving forward with the coaching search. 

Booted Blue in PA

February 17th, 2022 at 10:13 AM ^

Is it that common that a buyout amount deters an NFL team that wants a specific coach?  I think more often than not there is a negotiation and the buyout is lowered and even shared between the team and the coach.   

gm1234

February 17th, 2022 at 10:55 AM ^

Seems like buyouts are more angled at making other colleges think twice about swiping your coach. Don’t the schools usually pay them? I don’t see an NFL team caring that much, but just my opinion. Probably not relevant to Harbaugh since I doubt he’s much of a flight risk to another college program…

JonnyHintz

February 17th, 2022 at 7:46 PM ^

Warde would also realize that Michigan still benefits in this scenario from a larger buyout. Buyouts aren’t just about deterring someone from taking your coach, it’s about getting an adequate return on them as well. 
 

The $2 million Michigan would get if Harbaugh leaves next year is $2 million towards the new staff (the head coach of which would likely have a buyout that UM would need to pay). That’s $2 million the AD doesn’t have to find in the budget and/or doesn’t need to ask donors to pay. That number being higher, puts the AD in a much stronger position if Harbaugh does indeed leave. 
 

For a school like Michigan, finding that extra money if needed isn’t as hard. But not all schools have that luxury, and that’s ultimately what buyouts help to cover and their general purpose. 

Booted Blue in PA

February 17th, 2022 at 12:48 PM ^

The employment contract is between the coach and his current employer, not the school or franchise who's trying to hire him away.   Its not like these guys are signing a contract with a couple million dollar buy out to work for $250k a year.   Harbaugh has been making 4 to 5 million a year for the 7 years he's been at Michigan.  A suiter could offer to cover 2 million of the buyout and leave 1 million for him to cover or negotiate out of with Michigan, like what happened with Rich Rod and WV. 

https://www.espn.com/college-football/news/story?id=3479493

EastCoast Esq.

February 17th, 2022 at 10:17 AM ^

$3 million isn't nothing.

And if Harbaugh says the NFL thing won't be a yearly thing, I'm inclined to believe him. I don't remember him ever lying about anything reported by legitimate sources.

lhglrkwg

February 17th, 2022 at 12:08 PM ^

Yeah, the NFL is loving guys in their 30s and 40s right now. I think that plus Jim being out of the league for a number of years have made him 'stale' in the eyes of a lot of franchises, plus I imagine York and Baalke's smear campaign was somewhat successful in making lots of teams think Jim is too combatitive

JonnyHintz

February 17th, 2022 at 2:12 PM ^

I take Jim at his word too, but this is about optics at this point. According to media, he doesn’t want to be here. According to rival fans, he doesn’t want to be here. And you know damn well opposing coaches are going to hammer it home that he doesn’t want to be here to recruits. 
 

From that standpoint, this contract has done nothing to put those talking points to rest. So that’s something he and the staff are going to have to battle on the recruiting trail. 
 

It’s not about whether Warde or the fanbase believes him. There was a real opportunity here to really put the narrative to rest and stop the annual Harbaugh rumors. And they didn’t take that opportunity. 

MadGatter

February 17th, 2022 at 10:50 AM ^

The 1st year of the contract period is from now until Jan 11th (plus or minus a few days whatever) of 2023. So basically when the NFL has their coaching searches after next season, the buyout will be 2.25 million.

I really don't think he's going to leave, but I am mostly concerned with this number being low enough to generate negative recruiting.

Perkis-Size Me

February 17th, 2022 at 10:53 AM ^

To 99.99999% of the population, you're absolutely right. $3 million isn't nothing. Its a lot of things. 

But to multi-billionaire owners, its pocket change. A $3 million buyout won't even remotely dissuade NFL owners from giving Harbaugh a call. Someone above me posted this as well, but NFL teams cut players and pay out remaining salaries that are higher than this all the time. Its simply the cost of doing business. 

The real question will just be if Harbaugh decides to pick up the phone and listen if they call. I'm inclined to believe him when he says this is the last time he's considered heading back to the pros, but again, a $3 million buyout won't stop owners from calling him if they think he can be a guy who'd lead them to the promised land. 

matty blue

February 17th, 2022 at 1:33 PM ^

fair enough...my point (which i didn't really make) is that in my opinion, the size of the buyout won't have much impact on harbaugh's future nfl prospects either way, even if it were ten times the new number.

i'm trying to think of a college-to-nfl jump that stalled out based on the size of a buyout.  heck - i'm old, and my memory ain't no good no more, but i can't remember reading too many articles where a college buyout was even mentioned.

LloydCarr97

February 17th, 2022 at 10:27 AM ^

I’m very happy Harbaugh and UM got the deal done. Maybe I’m completely wrong, but I’m a little surprised with the low buyout and I keep getting the feeling that UM is certainly happy to have Coach Harbaugh but may not view keeping him as dire as some of the fan base does? Or  it could be they don’t think many NFL teams will be interested in the future? Or maybe taking Coach Harbaugh at his word that he won’t look anyway anymore so why go all in to increase the buyout? It’s interesting to me.

k1400

February 17th, 2022 at 10:30 AM ^

Why don't we just take the man at his word until there is reason not to?  He said he's done looking at the NFL.  Unambiguous language.  If that is true, it doesn't matter what the buyout is, except for some other reason than taking an NFL job.  Is he going to coach a different college team?  No.  Could he want out sooner for his own reasons that don't involve coaching somewhere else?  Yes.

MGoGoGo

February 17th, 2022 at 11:11 AM ^

I completely agree with your comment.  If, as Harbaugh has stated, this was "the last time" he considers a move to an NFL, why not commit to that with an exorbitant buy out.  For example, professional soccer players in La Liga are required to have a release clause. Where the player doesn't have any interest in being released, the release clause will be set at something astronomical--Pedri recently signed an agreement with Barca having a 1 Billion Euro release clause.

Why not do something similar here? Presumably, UofM would want a high buyout clause.  Presumably, Harbaugh refused, which seriously calls into question his commitment not to explore NFL jobs--or at least other college coaching jobs.

Leatherstocking Blue

February 17th, 2022 at 11:21 AM ^

I think recruiting has changed enough that whether a coach will be there for all four years doesn't matter as much to a recruit as it used to. Playing time and NIL money are probably bigger recruiting carrots than "Hey, who knows how long Coach X will be there?". Now with the transfer portal, I'm not sure recruits put too much weight into who the head coach is.

For the first time, I feel Michigan has young assistant coaches who can take over the program if the head guy leaves. If who the coach is matters to a recruit, I'd think stability in the assistant ranks is more important.