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Post by korculabeav on Dec 15, 2023 12:55:17 GMT -8
Isn't that called a "Non-Compete Clause" in the business world? Jonathon Smith appears to be channeling his Willie Taggart, what a sack of potatoes sh*t he turned out to be. Fixed that for you.... |
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Post by 93beav on Dec 15, 2023 13:13:14 GMT -8
All these legal avenues of redress against a departing coach who has done what Jonathan has done (and what other coaches do) are supposed to be covered by the buy out, which is essentially a liquidated damages provision. If they want to go after these coaches they need to start writing non compete clauses into the contracts (not aware that the do now--maybe I'm wrong) and eliminating buy outs. Don't know if any coaches would agree to such terms--their "agents" would undoubtedly advise against it. But you've got to start somewhere. This has gotten way out of hand. As mentioned elsewhere, non-compete clauses are almost impossible to enforce and you really can't enforce them if it is the employee's primary industry/business. In other words, if I'm in a select group of people working on technology X, you can't stop me from working on technology X elsewhere (as long as I don't bring along trade secrets) because it's my primary livelihood. On the other hand, there are clauses in employment contracts (I have one in mine) that forbids recruiting directly or indirectly current employees of my company if I leave for a period of one year. The only question is - if you put that into a coach's contract, would anyone sign? And don't forget it doesn't apply if the recruited person reached out first. |
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Post by bvrbred on Dec 15, 2023 14:57:15 GMT -8
Strictly speaking, non-compete clauses pertain to trade secrets and/or customer lists. Legally they are enforceable subject to their scope. Strictly speaking, restrictions on the things JS did would not be considered "Non compete," but more in the nature of restrictions against interference with contracts the university already has in place. Such restrictions; such as prohibitions on hiring away coaches currently under contract at school A, or recruiting away athletes either legally committed to school A or currently under scholarship at school A, would be legally enforceable.
Whether they would be factually enforceable is a different matter. In the case of an athlete it would probably take a really flagrant violation before anyone would bring such a case and even then it would be a tough case. Would have been easier before the relaxed transfer rules. The athlete will say he was considering all his options, liked his old coach best, and made the initial contact himself. And what would be the relief sought? Injunctive relief to force the student to stay at a school? You'd have to make the student a party and it would likely be a loser anyway, especially in light of the liberal transfer rules. Money damages? Maybe but again proof of economic damages would be difficult in the case of an athlete, easier in the case of a coach.
The thing to understand is that the primary reason such provisions are put in contracts is not because the employer wants to sue and win. It is to scare the employee away from certain conduct--and the prospect of a lawsuit. Getting people to sign such an agreement would be next to impossible in the short run. The Nick Sabans would just laugh it off. You would have to start at the bottom. I would try to negotiate it in as part of a package that is an alternative to liquidated damages (buy out).
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Post by irimi on Dec 15, 2023 15:58:46 GMT -8
We’re all bitter, and Smith did things I can’t believe he did, but in no world should he be equated or even mentioned with Taggart. Aiden Chiles didn't play at all in the Civil War. It would be naive to assume that Smith hadn't let him know that he would be accepting the MSU position after the UO game was over. In other words, I think it highly likely that Smith was recruiting for MSU BEFORE he left OSU. Scumbag. I’m not convinced of that. I’m sure he told the players and some made the decision to follow him, but still played in the CW. And Chiles just decided one series of downs wasn’t worth it for him. He was home packing his bags. |
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Post by irimi on Dec 15, 2023 16:04:07 GMT -8
Would be a cleaner deal if players couldnt follow coaches to a new school. Would be a better situation if coaches had the integrity to just do the right thing. Smith met and recruited players while being compensated by OSU. He developed relationships and better learned about individual talents while being paid by OSU. In at least a few other industries Smith would have all kinds of legal problems about now. Has college football become so monetarily compromised that its leaders truely can not tell right from wrong today? From a fan’s perspective, yeah. But from the players’ perspective, I disagree.Players should be able to follow their coach. I mean, relationships are important and being able to keep that relationship alive is key. If, for example, you were doing research under a noted professor who got a job at, say, UW, you would probably want to follow them and keep everything going. At least you should have that option. |
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Post by nuclearbeaver on Dec 15, 2023 21:30:18 GMT -8
Meh. Looking forward to his transfer to LSU next year. Good kid and exceptional talent completely wasted on a rebuild.
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Post by orangeattack on Dec 18, 2023 22:12:03 GMT -8
Meh. Looking forward to his transfer to LSU next year. Good kid and exceptional talent completely wasted on a rebuild. The transfer portal is a one-time deal. After that he has to sit for a year, unless he has a degree and is going as a graduate student, ala Cam Ward. I know we are all saying this is the end of college football but honestly I think the portal helps OSU a lot more than it hurts. |
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Post by nuclearbeaver on Dec 19, 2023 6:00:09 GMT -8
Meh. Looking forward to his transfer to LSU next year. Good kid and exceptional talent completely wasted on a rebuild. The transfer portal is a one-time deal. After that he has to sit for a year, unless he has a degree and is going as a graduate student, ala Cam Ward. I know we are all saying this is the end of college football but honestly I think the portal helps OSU a lot more than it hurts. He transferred after all the rules are suspended in court. From what I've seen it's essentially an extension of the unlimited hall pass while the case is being decided, it's doubtful new rules will be retroactively applied if the NCAA wins. |
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