Says UT could get out of paying them any more of the buyout altogether.
LOL
Ruh Roh George
LOL
Ruh Roh George
Martin Greenberg, a sports attorney and professor at Marquette University Law School, said the new contracts for Scott and Warren are "an absolute attempt to income shift or back-end load.”
Although contracts for some other UF assistants are set to increase in value throughout the duration of the deals, none of the other contracts are back-end loaded in the manner that the Scott and Warren contracts are.
Greenberg added that he "absolutely" thinks Tennessee should challenge that these coaches did not fulfill their mitigation duties.
Greenberg said there is a common law concept of mitigation of damages that includes a requirement for a "good-faith effort" to be made to mitigate damages. In this case, Greenberg said, UT could challenge Scott and Warren's buyout on two issues:
Although contracts for some other UF assistants are set to increase in value throughout the duration of the deals, none of the other contracts are back-end loaded in the manner that the Scott and Warren contracts are.
Greenberg added that he "absolutely" thinks Tennessee should challenge that these coaches did not fulfill their mitigation duties.
Greenberg said there is a common law concept of mitigation of damages that includes a requirement for a "good-faith effort" to be made to mitigate damages. In this case, Greenberg said, UT could challenge Scott and Warren's buyout on two issues:
— One, that their back-end loaded contracts are not a good-faith mitigation effort.
— And two, that it violates UT's contractual language that the fired coach not structure his new contract to avoid reduction of UT's buyout.
"It probably is a good strategy for Tennessee to say, ‘Hey, this is bad faith. It’s a contractual breach of your affirmative obligation. We’re not paying you,’” Greenberg said.
Greenberg said it's uncommon for the hiring school to structure a deal like UF did, where it puts the onus of payment on the previous school. Alabama did back-end load its contract with quarterbacks coach Dan Enos, who is owed a buyout from Arkansas.
Greenberg also said the clause in UT's contracts that is in place to prevent such deals is "an excellent clause" and not one he sees often.
Of course, Tennessee could decide that challenging the buyouts is not worth the hassle.
“That, of course, is a judgment call, and the judgment call involves, how much dirty laundry do we want to hang out in the public?" Greenberg said.
— And two, that it violates UT's contractual language that the fired coach not structure his new contract to avoid reduction of UT's buyout.
"It probably is a good strategy for Tennessee to say, ‘Hey, this is bad faith. It’s a contractual breach of your affirmative obligation. We’re not paying you,’” Greenberg said.
Greenberg said it's uncommon for the hiring school to structure a deal like UF did, where it puts the onus of payment on the previous school. Alabama did back-end load its contract with quarterbacks coach Dan Enos, who is owed a buyout from Arkansas.
Greenberg also said the clause in UT's contracts that is in place to prevent such deals is "an excellent clause" and not one he sees often.
Of course, Tennessee could decide that challenging the buyouts is not worth the hassle.
“That, of course, is a judgment call, and the judgment call involves, how much dirty laundry do we want to hang out in the public?" Greenberg said.
