So who deserves to take the fall for this? How could you not put it into a contract to reduce his payout if he gets a job elsewhere?
Muschamp contract has no mitigation language....
- Thread starter Gamecockben1979
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This is malpractice by any and everyone who agreed to it. Holy shit how dumb is our administration
Attorneys are all over Columbia, we have a law school on campus, and we missed this ?!?!
Oops!! That is a pretty darned standard clause....but I didn't go to USC Law. 😉
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You got to hand it to team Muschamp. They appear to be much more intelligent than the folks negotiating on our end. He sold ice to an Eskimo.
This is the type of incompetence at the top that our fan base has a valid complaint about.
Agree.....this would be a valid complaint.
Edit: Didn't Muschamp has his contract changed to concede some salary in order to bring Bobo on staff? If so, dropping the set-off clause may have been part of that agreement.
I don't believe this could have been missed. Had to be removed as part of the negotiation.
Now we are left holding $13 million in melted ice. His agent should be in the college football hall of fame with this contract beside it.
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anon_6poml7ajgpoqm
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I hate to sound dumb, but what does this mean??? I can't read the state since I don't have a subscription so I don't know what the article says.
It means that if he gets a position with another team, his salary there does not set-off (reduce) any amounts we owe him under the buy-out.
Agreed! Now we know why Tanner held on so long!
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anon_6poml7ajgpoqm
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Ray Tanner should be canned simply because of this. Wow.
Agree as the article mentions a number of prominent SEC coaches whose contracts don’t have mitigation. This was negotiated
What the heck did we get in return for that “negotiation?”
From all sources I've heard, the buy-out is taken care of (as in not coming from the regular athletic budget).
Thorough explanation of the situation from a non-pay site:
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As noted above, mitigation language is an industry standard for the most part, so there's a 0% chance lawyers involved from our side missed this. It was not omitted as incompetent oversight. It was negotiated out. It's absurd that we agreed to it, but that's not the lawyer's job. That was up to the administration to agree to it.
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As noted above, mitigation language is an industry standard for the most part, so there's a 0% chance lawyers involved from our side missed this. It was not omitted as incompetent oversight. It was negotiated out. It's absurd that we agreed to it, but that's not the lawyer's job. That was up to the administration to agree to it.
JFYI, if you open the link in a "private" mode browser (or incognito mode) you dont have to have a subscription to read. That works for almost all sites w/ a paywall.
Zero chance the lawyers missed this. Tanner and the BOT agreed to this insanity. Simply amazing.
hmmm, right click on the browser tab in your toolbar. there should be an option to open in private mode? let me see if i can post a pic.
Pic
We should have never fired him. We should have put him in an administrative role until he yelled uncle and revised the contract.
That said, I am sure we were dumb enough to write something in the contact that a demotion is forbidden.
That said, I am sure we were dumb enough to write something in the contact that a demotion is forbidden.
The reasonable assumption is this: Tanner, and ultimately the BOT, were so supremely optimistic about how things seemed to be going with Muschamp that they really didn't foresee the scenario of him being fired.
So just move his desk to the basement and hope the 'glitch' works itself out? That actually would have been a pretty good idea 😂
Anyone surprised? Tanner's a buffoon. Thought in his thick head that Muschamp would be here for decades.
Muschamp reached a settlement with the school. The final terms are a bit different than the contract so I'm not sure that's relevant to this.
With Muschamp, Ray was not a good steward of the University and Gamecock Club’s money (yes I know, Captain Obvious).
Increased the buyout by 3 million after the 7-5 season. For what reason? Was Muschamp going to walk? Was Ohio State trying to get him to replace Meyer?
Increased the buyout by 3 million after the 7-5 season. For what reason? Was Muschamp going to walk? Was Ohio State trying to get him to replace Meyer?
I'm surprised they didn't write into the contract that he got promoted to AD if he got fired.
The buy-out increased because the salary increased. It's not unusual to give a coach a raise after a good season, especially one that was much better than expected. And he got it after the 9-4 season. It is also standard that the contract is redone annually if only just to extend it a year at a time.
May be true but what would be Muschamp's motivation to negotiate something he is owed based on the contact?
Muschamp: most overpaid, overrated ("denfensive guru") coach in country
Tanner: most gullible, clueless AD in country
Tanner: most gullible, clueless AD in country
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Only an extension, not a salary increase after the 7-5 season (Except I assume for the built in 200k increases he was getting.).
”Muschamp was originally signed to a five-year deal that made him one of the lowest-paid coaches in the SEC. After a nine-win season in 2017, he was given a sizable raise and extended to six years. A season later, one more year was added to the deal to keep it at six years.
That change, coming off a 7-5 regular season, added more than $3 million to the buyout.”
Maybe both parties knew that if Muschamp were to be fired again, the chances of him getting a major salary from another school were slim to none. One of the stipulations by his agent was possibly to squash this mitigation to guarantee some money. Heck if I know for sure, tho.
Where's OldWiseCock (Lawyer) on this one, he's a lawyer what kind,I do not know.
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