PurpleBlood87
Active Member
That's what she said.
Uhhh...Dixon to UCLA rumor/ news
- Thread starter Francis Xav
- Start date
That's what she said.
netty2424
Full Member
He’s put on weight.obtained secret footage of adjd heading to meet with dixon's representation
You're right. That might only take a couple of years to work through the system and get to a judgment. And that's presuming you don't get any counter-claims or allegations that TCU didn't breach in any fashion, such as prohibiting him from hiring certain candidate or forcing him to fire certain staff members. My bad - just send them a letter and I am sure they will cut the check post haste.
Despite the odds Frog
Active Member
We are going to see if ADJD is worth a poop. I'm pulling up a chair and eating popcorn. TCU doesn't need to settle .
For fun:
How about... if they want 2 million off then if Big 12 ever breaks apart I want UCLA to guarantee that it will push and plead and vote for TCU to join the Pac-12 and get that in writing. If they don't they owe TCU double the full buyout amount.
PurpleBlood87
Active Member
Does he have Billy Tubbs on speed dial?
Eight
Member
just hire that law firm from lubbock that continually mails out letters claiming people have unpaid moving violations
Bruin Steve
New Member
I guess I can take a stab at why one negotiates the buy-out clause.
First, the caveat that I have no idea how this one is written...and, likely, no one else here has seen it either. But, it might be written in several ways that don't make it an absolute single payment number.
You don't have a contract with the new employer--only a contract between the coach and current school...so, it is likely written as something other than a lump sum...More likely a payout in installments, paid out over several years--so, present value may be nowhere near that $8 million figure.
When the contract was agreed to, there was likely a penalty clause that reads both ways...If the school chose, instead, to fire the coach, the payout likely would be paid out over time--and discounted by any earnings by the coach in taking a new job--so, again, the present value would be not the stated value but a lesser amount that could be diminished beyond that...so, often those sorts of buyouts are negotiated...
But the penalty paid by the departing coach would have to be something equitable--you can't have a one-way contract or risk challenge in the courts...and, you can't really have an arbitrary liquidated damages provision--it can't just be pure penalty--it has to bear some relationship to the actual damages done by the breaking of the contract.
Also, note that you can't get "specific performance" on a personal services contract--You can't force someone to work for you (and you probably don't want a disgruntled employee in the job).
AND, neither side would want to go through the judicial system to litigate this...So, no matter what the contract says, a quick, easy negotiated truce is preferred.
You also don't want to deal with this issue when you negotiate a new contract with the next guy...
First, the caveat that I have no idea how this one is written...and, likely, no one else here has seen it either. But, it might be written in several ways that don't make it an absolute single payment number.
You don't have a contract with the new employer--only a contract between the coach and current school...so, it is likely written as something other than a lump sum...More likely a payout in installments, paid out over several years--so, present value may be nowhere near that $8 million figure.
When the contract was agreed to, there was likely a penalty clause that reads both ways...If the school chose, instead, to fire the coach, the payout likely would be paid out over time--and discounted by any earnings by the coach in taking a new job--so, again, the present value would be not the stated value but a lesser amount that could be diminished beyond that...so, often those sorts of buyouts are negotiated...
But the penalty paid by the departing coach would have to be something equitable--you can't have a one-way contract or risk challenge in the courts...and, you can't really have an arbitrary liquidated damages provision--it can't just be pure penalty--it has to bear some relationship to the actual damages done by the breaking of the contract.
Also, note that you can't get "specific performance" on a personal services contract--You can't force someone to work for you (and you probably don't want a disgruntled employee in the job).
AND, neither side would want to go through the judicial system to litigate this...So, no matter what the contract says, a quick, easy negotiated truce is preferred.
You also don't want to deal with this issue when you negotiate a new contract with the next guy...
PurpleBlood87
Active Member
If he comes back does he have to sit out a year?
TCUdirtbag
Active Member
Conference buyouts and coach buyouts are quite different.
AroundWorldFrog
Full Member
Why would anyone do that? Then start with $20M
TCUdirtbag
Active Member
That’s actually pretty unlikely.
I don’t recall if he ever practiced. If he did, it wasn’t for long. And I would doubt TCU was carrying legal malpractice insurance on a Sr. Associate AD in 2016. Typically university in-house counsel write their coaches’ contracts. At the time of JD’s deal, TCU did not have in-house counsel, so outside counsel likely did so.
DickBumpastache
Active Member
You guys really think a buyout is going to get in the way of this? Come on.
My first call is to Craig Smith at Utah State. Energetic, coaches a fun brand of ball, and could possibly bring some really good transfers with him. USU was very young this year and had a stud freshman big man from Portugal.
I'd also like Chris Jans. Although he has a skeleton or two in his closet, he can absolutely coach. NMSU should've beaten Auburn in the 1st round this year.
My first call is to Craig Smith at Utah State. Energetic, coaches a fun brand of ball, and could possibly bring some really good transfers with him. USU was very young this year and had a stud freshman big man from Portugal.
I'd also like Chris Jans. Although he has a skeleton or two in his closet, he can absolutely coach. NMSU should've beaten Auburn in the 1st round this year.
Eight
Member
i would guess this is one of those duck on the pond scenarios
in plan view not much going on and underneath it all tcu is going ninety to nothing in a couple of directions including early contact to the representation of some coaches that frogs wish to discuss the position if it does come open
TCUdirtbag
Active Member
The part where you assume installments is very unlikely. Typical practice in coaches contracts is a lump sum due within 30-90 days by departing coach or hiring institution. Amount is typically a % of the remaining value on the contract.
Sure it’s possible TCU could’ve gotten really creative as a private school that doesn’t have to disclose. But it’s more likely the deal is standard and in line with industry practices.
BABYFACE
Full Member
Well, he could do that too and sit out until he is contractually able to be hired again. Although, I don’t see him doing that.
Moose Stuff
Active Member
Too long. Did not read.
TCUdirtbag
Active Member
Un/little-discussed consideration is TCU’s sudden appearance in the FBI investigation and the firing of one Assistant Coach Barker. No way to know whose hands that might play into in an exit discussion.
But Jamie Dixon and his agent aren’t going to sue TCU for refusing to drop the buyout. TCU wouldn't have a hard time showing it’s buyout clause was reasonable. “Look we were super [ Finebaum ]ty, he came here and we were pretty decent.” They can trot out all sorts of metrics, wins, attendance, income, postseason, recruiting, etc. Unless there’s something we don’t know about in the FBI deal that predates CJD at TCU, dare him to be the coach that screws AND sues his alma mater. TCU has little to lose and CJD has a lot to lose in reputation, time, distraction, etc.
