It’s time to stop sending Butch checks...

imw8n4u

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Next week, we have two new threads starting, one on the Religious controversy of free will vs predestination and a second on Heisenberg's uncertainty principle and its place in the theory of quantum mechanics.

We may not know much around here but we sure THINK we do (self included) 😂
Someone stayed at a Holiday Inn Express last night...
 

GregAmsler

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Arkansas's only commodity is pig sh!t and they might have to eat it after the inevitable lawsuit.

If we went to court with Butch, Saban's drivel is inadmissible.

Our program is showing signs of recovering. Best to wait and see how the AR/Bielema case plays out before we risk wallowing in sh!t and embarrassing ourselves.

Edit: I hope AR comes out on top & would love to stop paying Butch. I just think we have more to lose trying to force the issue than AR.
Butch does have a duty to mitigate. And while Saban's statements are inadmissible, if they are true, corroborating witnesses with admissible statements could be subpoena'd.
 

DeerPark12

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Arkansas recently stopped paying their ex-head man Bilelema after learning he was being underpaid $50,000 for coaching D-line at New England:

Decision to stop Bret Bielema buyout payments could save Arkansas millions

Moreover, Saban recently admitted Butch has turned down other coaching jobs to stay at Alabama as an Intern/Anaylst/All-around cigar-smoking POS (for $35,000) in a recent interview.

Time for UT Admin to step up & stop this madness! Time to stop paying Butch is now, as he is obviously not actively pursuing other jobs!!!
I hate to defend Butch, but his contract only requires him to pursue other head coaching jobs. He had formal interviews with three schools last offseason and had discussions with a fourth. Just by doing that, he fulfilled the obligations for another year.

Beliema's deal is completely different. He gamed the system to make as much as he could without it affecting his buyout. If he had simply taken the Patriots job at an average NFL salary, it's not even a conversation.
 

rocky top buzz

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Reading through all of this has me wondering, how much did we actually pay Dooley in his buyout? He went to the cowboys immediately so I assume that offset a good portion of what would have been owed to him?
 

DeerPark12

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Reading through all of this has me wondering, how much did we actually pay Dooley in his buyout? He went to the cowboys immediately so I assume that offset a good portion of what would have been owed to him?
No, Dooley's contract did not have offset language (Thanks, Mike Hamilton). He got the full amount, no matter if he sat on a beach or went back to work as a head coach a week later.

The offset is a relatively new thing in coaching contracts and still something that agents push back on, hence the low standard of only having to interview to satisfy the "actively seek consummate employment" clause.
 

SCVol2018

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I am sure that Tennessee knows every job that was offered and for how much. Normally contracts like this have clauses that specify the communication that must take place...I don't know what is in this particular contract, but I hope that it was included.
 

USMC-TNVOL

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Stop paying him for breach of contract. Burch can choose to file suite, but in doing so he's going to have to go under oath and say that no job offers or invitations to interview were made, and his communications with Jimmy Sexton, and his communications with any AD will become part of discovery.

My guess is that instead, Butch has at least a DII coaching job by the end of December, and UT at least saves some money.
Plus I doubt Butch would want to pay legal fees while only getting paid $35k.
 

DeerPark12

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I'd say Sexton would not want to submit his communications with Butch and AD's to discovery, and Butch would 'miraculously' have a job offer that he was willing to accept in short order.
Again, it doesn't matter if he took the jobs, just interviewing for them satisfies the terms of his contract. UT has no grounds to stop payment. Arkansas did with Beilema, but they are completely different situations.
 
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BeardedVol

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Again, it doesn't matter if he took the jobs, just interviewing for them satisfies the terms of his contract. UT has no grounds to stop payment. Arkansas did with Beilema, but they are completely different situations.
Read his contract, I've linked it several times in this thread, interviewing for jobs does not satisfy his obligation to mitigate the university's obligation to pay liquidated damages, by obtaining comparable employment.
 

Tarkus

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The reason Arkansas is able to withhold payments is because Bielema's contract stated that he must pursue jobs of equal pay and he hasn't pursued any jobs of equal pay. He hasn't interviewed with anyone. So, he's in breach of contract. The Arkansas athletics department negotiated a better deal than UT did with Butch.
 

BeardedVol

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The reason Arkansas is able to withhold payments is because Bielema's contract stated that he must pursue jobs of equal pay and he hasn't pursued any jobs of equal pay. He hasn't interviewed with anyone. So, he's in breach of contract. The Arkansas athletics department negotiated a better deal than UT did with Butch.
Read section 3.14 of Butch's contract. He is obligated to find a comparable position, which is spelled out as a HC or assistant at the college level or higher, to mitigate UT's obligation to pay him liquidated damages.
 

DeerPark12

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Read his contract, I've linked it several times in this thread, interviewing for jobs does not satisfy his obligation to mitigate the university's obligation to pay liquidated damages, by obtaining comparable employment.
I’m quite familiar with his contract, thanks. In your opinion it does not. In the opinion of the University’s lawyers, Butch’s agent and the lawyers that his agency has on staff, it does. Their opinions are the ones that matter here.

You can hate Butch all you want, but the University is not going to go after his buyout money because the legal opinions they have received (as well as the ones they obtained when they signed the contract) say that he has satisfied the requirements.
 

DeerPark12

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The reason Arkansas is able to withhold payments is because Bielema's contract stated that he must pursue jobs of equal pay and he hasn't pursued any jobs of equal pay. He hasn't interviewed with anyone. So, he's in breach of contract. The Arkansas athletics department negotiated a better deal than UT did with Butch.
And those aren’t even the grounds they’re pursing. Arkansas is withholding payments because he actively gamed the system by taking a position coach job at the NFL level that would normally pay $300-500k for $50k, the exact amount he’s allowed to make without it offsetting his buyout. They’ll settle that case and he’ll still get the majority of the money he was scheduled to make.
 
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BeardedVol

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I’m quite familiar with his contract, thanks. In your opinion it does not. In the opinion of the University’s lawyers, Butch’s agent and the lawyers that his agency has on staff, it does. Their opinions are the ones that matter here.

You can hate Butch all you want, but the University is not going to go after his buyout money because the legal opinions they have received (as well as the ones they obtained when they signed the contract) say that he has satisfied the requirements.
If you believe that there is a clause in his contract that only requires him to interview for jobs, which he has not done by all accounts anyway, then you are not familiar at all with his contract.
 

DeerPark12

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If you believe that there is a clause in his contract that only requires him to interview for jobs, which he has not done by all accounts anyway, then you are not familiar at all with his contract.
I believe that you are interpreting a section of his contract VERY differently than the people whose jobs depend on interpreting his contract do.
 

BeardedVol

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I believe that you are interpreting a section of his contract VERY differently than the people whose jobs depend on interpreting his contract do.
So someone like John Currie, who specifically cited section 3.1.4 of Butch's contract and his obligation to mitigate the university's responsibility to pay out liquidated damages by seeking out comparable employment, as "soon as practicable"? His contact is relatively straightforward, I've dealt with more complicated SLAs in my career.
 
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BreatheUT

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Trumpet boy is showing his true character in this situation; which is poor. Someone who actually wanted to coach again would have learned from Saban and gone after another HC gig to rebuild his reputation. Trumpet boy has no interest in giving up the millions owed because he knows he can’t coach at this level and this is it for him.

I promise you when the golden parachute hits the ground he will all of a sudden have interest in finding a job. What a freaking loser.

The best part is he knows he doesn’t deserve the cigars. He’s a lap dog trying to be something he knows he will never be: A champion of life.
I wonder if Saban says things like, "Now you see crew cut over there? He's an individual that is getting better splicing the film and you can visibly see the maturation."
 

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