Understanding the Harbaugh Contract Negotiations

Submitted by Speed_in_Space on January 11th, 2024 at 3:42 PM

https://www.si.com/college/2024/01/11/jim-harbaugh-loves-michigan-so-why-would-he-leave

I know, I know neg me for linking Mr. Stretchgate but it’s a well thought out piece and I think it explains the information we’re hearing more. Well worth the read and seems to echo Bacon’s discussion of reassurances, including suggesting he wants assurances and looks at the big picture of the situation.

One line that stood out: “Look at this from Harbaugh’s perspective. His contract is with Michigan, not with the NCAA. He clearly disagrees with the NCAA and Big Ten’s interpretations of certain events. An NFL team would offer Harbaugh a fully guaranteed contract. Why would he turn that down to stay at Michigan if he can get fired eight months from now, with no severance, because of an NCAA ruling?”

 

sdogg1m

January 11th, 2024 at 3:46 PM ^

A blanketed morality clause would be an issue for me too. The University should include language that preserves Jim's employment save for a few infractions. Michigan looks as if it will only receive probation for burgergate and signgate, this is not enough to part ways with Jim.

othernel

January 11th, 2024 at 4:27 PM ^

I don't think the Warde hatred comes from the contract.

For me, it came from the beginnings of SignGate when all messages of support for Jim were coming from Ono and not Warde.

If I'm Warde, I have to realize where my bread is buttered, and that's Football and Jim Harbaugh.

When SignGate happened, I would put out statements saying that due process will be taken, but until then, I'm unequivocally backing my coach.

It feels like Warde hedged his bet when Jim got in trouble, leaned towards distancing himself from any scandal and keeping the NCAA happy. And I don't know why. Warde isn't exactly killing it in the other sports right now, so if anything, he should have been associating himself as closely Jim's success as possible.

And if Jim wanting a bear hug from his AD is part of his requirements to stay in A2, then there are other ADs who would like to give him a bear hug, and whatever else Jim needs.

LDNfan

January 11th, 2024 at 6:48 PM ^

I do recall Warde also putting out a pretty strong statement supporting Harbaugh but then the Chris Partridge thing happened and everyone included Ono changed tact. 

Also, Warde did manage to keep Harbaugh on after 2020 when alot of people..including many vocal fans and powerful alumni were ready to part ways. Then he, without fanfare kept the door open for Harbaugh after coach literally tried to leave twice. All that has to count in his favour.  

But, he definitely has his hands full now that ALL the leverage is in Harbaugh corner.  And he has to know that losing a national champion coach will be a stain no matter the circumstances. 

 

 

 

dickdastardly

January 11th, 2024 at 3:48 PM ^

Unless Michigan puts in language that states "can't be fired for any reason related to cheeseburgers, Scallions, or the hurt feelings of NCAA bureaucratic asswipe investigators who eat their own boogers and smell their own farts."

mGrowOld

January 11th, 2024 at 3:48 PM ^

In a nutshell Harbaugh wants contractual assurances that if the NCAA comes down hard on Michigan for things they already know about (meaning he's told them everything he knows about the situation already) then they cant terminate him for cause and void his contract.

Pretty straightforward if you ask me and totally 100% Harbaugh.  

True Blue in CO

January 11th, 2024 at 4:08 PM ^

I am not a lawyer and do not work in administration for a large academic institution, but I am guessing that morality and for cause clauses are part of every employment agreement at The University of Michigan.  The financial leadership, HR, and risk management groups for The University of Michigan have likely mandated policies in this regard and the Regents have approved these policies.  Large institutions put safeguards in place like this, make them to be policies, and have to stick with them with no exception.  It may sound bureaucratic but it also a way to not discriminate or show undue favor to one person over another.

mGrowOld

January 11th, 2024 at 4:24 PM ^

Allegedly they have not and that's why things are stalled.  Jim has told everything he knows about burger & sign gate to the University.  He wants contractual assurances that Michigan cannot fire him for cause "for things they already know about'.  Now, if he's lied to them and information comes out beyond what he's disclosed already that's a whole different ballgame and he would be subject to termination for cause.  But he's basically saying "look, this is what I know happened.  You cant fire me for cause for THESE things."

And the University is baking at putting that language into the agreement.

Allegedly.

WolverineGoneTerp

January 11th, 2024 at 6:56 PM ^

And this demand makes perfect sense:  If Michigan knows what Harbaugh has already told them, AND they still offer him a contract it would be daft to then fire him for something that was known when the contract was offered.

Not only is this a reasonable demand, it seems like it would easy to challenge such a termination after the fact, too.

There HAS to be more to it than just this.  (or am I missing something?)

BlockM

January 11th, 2024 at 4:49 PM ^

It's reasonable, and while I'm not a lawyer I imagine it's very tricky to get the concept distilled into language that is acceptable to both parties. It's one thing to say "we won't fire you for cause if they don't turn up anything new" but defining that in legally binding language that doesn't leave any room for shenanigans has got to be hard.

Kevin13

January 11th, 2024 at 5:57 PM ^

Devils advocate here as the contract is a two way street.  If Harbaugh has been honest and told them everything then this investigation should conclude with no more penalties. If that is the case then why does Harbaugh need assurances beyond the contract language. He’s asking the University to guarantee millions of dollars on his word. Why not signed the contract knowing you’re in the right and UM is showing they still want you with a new contact? 

WolverineGoneTerp

January 11th, 2024 at 6:59 PM ^

I don't think it's a forgone conclusion that just because Jim has been honest that the "investigation should conclude with no more penalties." 

Given the behaviors of the NCAA and B1G though all of this, if I were Jim Harbaugh I would want explicit assurance that I wouldn't be kneecapped because some jackass in NCAA enforcement decided to act out a personal vendetta against me.

This isn't unreasonable.

djmagic

January 11th, 2024 at 6:17 PM ^

That could put Michigan in the position of having to pay a coach several million dollars to not coach.  If I'm a lawyer vetting that contract on the M side, I'm looking at Santa and Warde and saying "This is a bad idea."

 

The NCAA could hammer Michigan and Harbaugh for things Michigan already knows about, and yes, they would respond, and then the NCAA would hand down the punishment, which M would appeal if they felt it was unfair, but there's no guarantee they'd win the appeal.  If the NCAA hits Harbaugh with an LOIC allegation and a 3-5yr show cause, the clause you suggest would mean M is on the hook for 60m to a guy who can't coach college football.  

I'm not saying that will happen, but with what's publicly known right now, i think it would be silly to ignore the possibility.   That said, it's likely M knows more than we the public know about what the NCAA investigation has revealed, and what the ramifications are likely to be.  It's possible that M has knowledge that renders everything I've said in this post moot.   I hope that's the case.

mgoblue78

January 11th, 2024 at 7:44 PM ^

Yes. That is exactly the problem. Jim signs a $12 million/year 10 year contract. Six months from now the NCAA says, we're suspending you for a year over burgergate ... heck, we're suspending you for five years over Stalions.

Jim should want assurance that Michigan still has to pay him his $12 million per. Michigan should want to not to have to pay him if he can't coach even if the NCAA is being ridiculous. Somebody is going to have to blink.

EikMelynai

January 11th, 2024 at 3:49 PM ^

Because if there is some draconian punishment that comes from the NCAA (which has seemed less and less likely over the last few months), the NFL will still be there for him. Jim is in a win-win situation. 

trueblue262

January 11th, 2024 at 3:56 PM ^

I just finished this read, and my thoughts are. If Harbaugh leaves Michigan because he has concerns that the university could fire him for cause down the road, then shame on Michigan. This seems like an easy one to get around.

jdemille9

January 11th, 2024 at 3:59 PM ^

Negged because the author is persona non grata, but I can't say I disagree with the last line in your post.

That is exactly why I think Harbaugh leaves, not because he doesn't wanna be here but because the NCAA is a corrupt organization hell bent on punishing him for upsetting their apple cart and daring to suggest the athletes that generate the massive revenue get a cut of it. 

IF Michigan can somehow just put it in the damn contract to not fire him 'for cause' because of bullshit NCAA rulings then I think he signs it. Not a lawyer, or even remotely close, but I don't see why this would be an issue for Michigan, however, it appears on the surface at least to be a major sticking point in all this.

All you MgoLawyers, is that a ridiculous thing for Michigan to do in order to keep Harbaugh? Or would they be opening themselves up to some other liability or just bad publicity? We know how the University likes to keep their image of cleanliness in sports after all, sometimes at its own detriment. 

superstringer

January 11th, 2024 at 4:01 PM ^

If he gets fired by UM, there are about 12.. now, wait, 22... NFL teams that would instantly fire their coaches, mid-season, to hire Jim. I mean, I get the stigma and bear hug and all, but... it's not like if the NCAA comes down on UM and he get canned then his coaching career is over. His college career would be over.

jmstranger

January 11th, 2024 at 4:03 PM ^

Just guarantee it. It's worth it even if they have to let him go down the road because the NCAA got stupid and issued a show-cause. Pay the man, he's worth it.

MadMonkey

January 11th, 2024 at 6:57 PM ^

I think both sides are intelligent enough to expect a show cause -- for reasons.   Jim is carrying a flame-thrower into the house of the NCAA that already reeks of gas.   Corporate types don't fight according to Queensbury Rules when they feel their survival is threatened.   Jim has a target on his back and he knows it.  So does Michigan.  I am in the camp that thinks he really wants to stay and be the catalyst for change in college football and college athletics governance.   However, he needs the University to support him fully because the fight is going to get uglier than what we saw this year.

djmagic

January 12th, 2024 at 9:37 AM ^

The likelihood that it gets uglier is high.

for that reason, it really doesn't make any financial sense for Michigan to ink any deal wherein they're on the hook for multiple years of 12m/per for a guy who might not be able to coach.  Imo, the best offer M can reasonably make in this regard is to say "If you're suspended long-term and/or issued a show-cause, we'll pay you for the full year in which that happens, but we'd have to move on at that point."

So let's say Harbaugh signs the extension on Feb.1st.  NCAA issues a show-cause in the recruiting violations investigation on May 1st.  M then pays the balance of this year's $12m, and both sides go their separate ways (M would make Moore HC, Harbaugh stays home with his chickens).

For M to be on the hook financially for anything more than that would seem unreasonable, and something I can't imagine they'd sign up for.

BornInA2

January 11th, 2024 at 4:05 PM ^

I don't really think his decision will be weighted heavily by money. How many tens of millions of dollars does a person actually need to have anything they ever wanted forever, and the same for their kids and grandkids?

SalvatoreQuattro

January 11th, 2024 at 4:05 PM ^

Give him what he wants. This shouldn’t be an issue.

I am inclined to believe that Michigan thinks so and that this is just a matter of hashing out details and announcing. Ross may be willing to partially guarantee that contract by himself.

The way Harbaugh sounded Monday to me sounded like a man who wants to be here long term. He’s at peace. He has found his good place. 

That said, he needs to feel properly respected/backed as we all do. If Michigan won’t do it someone else will. He rightly is using his leverage to achieve a Tucker contract.

If Mel fucking Tucker can get $95million guaranteed Harbaugh should be able to get same deal or better. If he walks because he didn’t get that deal I will not be able to forgive Warde or Ono. I’ll support whoever the coach is, but I will be bitter about Harbaugh’s departure if the above is the reason why it came to pass.

pescadero

January 11th, 2024 at 4:07 PM ^

"Why would he turn that down to stay at Michigan if he can get fired eight months from now, with no severance, because of an NCAA ruling?”

100% the contract that Michigan is offering does not allow them to fire him with no severance at all because of an NCAA ruling.

GoBlueSimon

January 11th, 2024 at 4:13 PM ^

imo, Harbaugh hasn't signed the contract extension for 1 reason:

He already said he'd entertain NFL offers.  So that's what he's going to do.  He'll talk to those teams and hear what they have to offer.  And if what they have to offer is what he wants, then he goes.  If it's not, he stays at Michigan.

HighBeta

January 11th, 2024 at 4:25 PM ^

Not going to read for the simple reason that the only person who really knows what exactly is going on with The New Contract is not communicating about The New Contract.

Edit/add:

However, I do know, for an indisputable fact, that our beloved Coach is currently concentrating all of his energy in learning how to breathe through his eyelids, just like the lava lizards of the Galapagos Islands.