Roll 'Bama Roll: An SB Nation Community

Navigation: Jump to content areas:


Sports blogs for fans, by fans.
Around SBN: Spencer Hall's Sports Meme Power Rankings

Contracts: the curious case of Cap'n Leach

ed.- bumped from the fanposts

Did anyone else see this?* Leach's contract renewal with TTU is one of the more bizarre stories of the young offseason. I swear, the TTU administration is trying to run off the Dread Pirate Leach. Here's the skinny:

As the weekend approached, both sides were closing in on a 5 year, $12.7 mill agreement. Getting to this point was a miracle of negotiation because Leach wanted no buyout clause in the agreement should he go elsewhere. This is a standard provision in some of his Big 12 rivals' contracts, including Mack Brown, Mark Mangino, Bob Stoops and Bruce Snyder. TTU wouldn't budge on not including a buyout (pretty smart since Leach is growing restless), nor would Leach bugde on signing one including a buyout. However, both sides got together and established a sliding scale of annually decreasing buyout amounts. Each side would pay the exact same amount, depending on whether he was fired and bought out, or quit and had to pay TTU. The problem with this arrangement (as Leach rightly points out), is that he is left to bear the burden of risk in this, while the university is relatively well-insulated from loss. Think of it like your social security taxes, with the buyout costing exactly 7.65%: If I make $106,800, I am taxed 7.65% on the full amount (Leach); if the university makes $5 million, they are taxed 7.65% up to the first $106,800. He was right, this was a bad deal for Leach, but nevertheless he was ready to sign on the dotted line.

Enter some uber-smug University counsel, who add these provisions to the agreement:

• That if he is fired, his contract is only guaranteed for 12 percent. Texas coach Mack Brown, Oklahoma's Bob Stoops, Kansas State's Bill Snyder and Kansas' Mark Mangino are all guaranteed for 100 percent, while the league average is 55 percent. Leach's current contract puts his guaranteed portion at 40 percent.

• Leach's current buyout, which is $500,000, would increase to $1.5 million (Brown, Stoops, Snyder and Mangino do not have buyouts.)

• Leach would have to receive permission from Texas Tech to speak with another school or risk owing Tech $1.5 million.

• All of the money from his personal speaking properties, whether he makes an appearance or authors a book on his life in Wyoming, would go to Tech.

 Just a couple of observations. The first is that the guaranteed amount for Mark Mangino is 100%, league average (which included Chizik!!) was 55%. Tech is guaranteeing 12% of his contract. The second is a clause which is the result of the now-infamous B.C. kerfuffle with Jagodinski, where BC fired a coach just for looking around, and doing a little market comparison (a ploy in coaching as old as the contract). This clause essentially gives TTU the power to decide what school Leach can interview with without being fired; this, therefore, makes any meaningful job search/contract renegotion tactic a huge risk, and a risk borne by Leach (remember, he is only guaranteed at 12%).** The final one, and the one that gets my gall is the forfeiture clause: This 11th hour screw-job requirement states that irrespective of how Leach earns money, about his own life, and on his own time, it would nevertheless go to TTU. All "personal properties" would include, as the authors note, speaking engagements and book deals. I thought of a few more: symposia, honoria, potentially recordings (he's a huge music fan), coaching clinics, etc.

The long and short of this is that the University and Leach have rapidly developed bad blood, and, just like a divorce gone sour, the middlemen (negotiators, lawyers, etc) have also started to take this personally...the end result is that Leach will be somewhere next year, at a different university that appreciates him a bit more ($) and isn't quite so punitive in its efforts to retain him. Business is business, and in Leach's case, has gotten personal...to the detriment of that team, the university and Leach himself.

 

* I know this isn't about Alabama, but it involves Leach, who lost to Ole Miss, who we beat, yet who beat Florida, who beat us, so it's tangential. Not to mention, Leach was on Auburn's shortlist,but they hired Chizik, who was at Iowa State who was a team we beat, and one that Leach regularly beat...so, work with me: It's the off-season.

** This isn't quite as bad as it seems: Many professions include a non-competition clause in their contracts; they are pretty standard in corporate contracts, law and medicine. As an interesting side project, if anyone has a contract like this, and is not those three professions, shoot me an email. The problem with this clause isn't that it bars future employment, it's that it decides who Leach could try to find a job with, be it a conference foe or Orchard Park High School. It gives the university a carte blanche veto over any  position, anywhere (yes, Leach would have a pretty good lawsuit, I'd guess).

FanPosts are just that; posts created by the fans. They are in no way indicative of the opinions of SBN and the authors of Roll Bama Roll.

0 recs  |  Comment 17 comments

Story-email Email Printer Print

Comments

Display:

Before the 1L's starting banging on me...

Yes, I know what we were all taught in law school: black letter law is that non-competition clauses in attorney and doc K’s are void. But the modern trend (especially in hospital-friendly jurisdictions, and places with a small practicing bar) generally takes it case-by-case. The reason is that the substantial consideration afforded to these employees (especially in non-equity law partnerships and for-profit hospital docs) permits some restraint on subsequent employment, making non-compete clauses voidable, not void per se. Now, in places with more rigid adherence to common law contracts (think Alabama, for instance), you get a different result.

...Addicted to Facebook. Why, oh, why did I ever start an account?!...

by Stuck in the Plains on Feb 15, 2009 8:32 AM CST reply actions   0 recs

And Leach is a lawyer…scary!!!

~ ROLL TIDE ~

GO SOX!!

by Bama Sox on Feb 15, 2009 11:34 PM CST up reply actions   0 recs

WOW

that’s insane. WTF is Texas Tech thinking?

by Zoltar on Feb 15, 2009 10:38 AM CST reply actions   0 recs

good analysis

t tech cant see the forest through the trees. and it looks like they just made coach leach have to “dun R U N N O F T.”

welcome to the SEC kiffykins...

by tempebamafan on Feb 15, 2009 11:52 AM CST reply actions   0 recs

..

Is there anything to really say about this besides what Zoltar said, Well I agree w/ Zoltar 110% on this “Wtf is TT thinking?” seriously.

by bama_man on Feb 15, 2009 4:30 PM CST reply actions   0 recs

TT=

No brains

by 5026 on Feb 15, 2009 9:44 PM CST reply actions   0 recs

That

last one is the strangest… never heard of it before. Is TT worried that Leach is poised to be the next John Grisham or something?

"All hockey players are bilingual. They know English and profanity." - Gordie Howe

by Bens4vcobra on Feb 16, 2009 8:37 AM CST reply actions   0 recs

They want a new coach

They feel he has built the program and attracted the right kind of kid, now they want a coach who can coach defense, build a championship calber team, and take them higher.

Or else they’re smoking Bryce Brown too.

by MeanBobMean on Feb 17, 2009 10:19 AM CST reply actions   0 recs

I'm going with Bryce Brown...

The other day, the Wizard of Odds had a good writeup from a different angle on this whole sad saga.

...Addicted to Facebook. Why, oh, why did I ever start an account?!...

by Stuck in the Plains on Feb 18, 2009 8:00 AM CST up reply actions   0 recs

Report

this morning that Leach rejected the contract extention.

Link

"All hockey players are bilingual. They know English and profanity." - Gordie Howe

by Bens4vcobra on Feb 18, 2009 8:15 AM CST reply actions   0 recs

Non-compete clauses

Every company for which I have ever worked since leaving jounalism for marketing has made me sign an employment agreement with a non-compete clause. Of course, that is pretty standard in the technology industry, where intellectual property (IP) is your most valuable asset.

The kicker here, however, is that the only way a non-compete clause would come into play is if the company I left could demonstrate that I damaged them by using the IP to help the competition and to the detriment of my former company. Now, I live in a “right to work” state, so I can be fired for any reason at any time without cause. But, the non-compete clause of my employment agreement would not be called into duty just because I talked to a competitor.

Obviously, coaching is a horse of a much different color. But, I thought I’d offer this perspective.

Dr. BamaFrazier is IN!

by BamaFrazier on Feb 18, 2009 11:53 AM CST reply actions   0 recs

SWEET!!!

(another nerd speakls!!!)

Seriously, I don’t know (with the exception of my stepdad who used to run resorts for corporate america) of any profession that fires you, with a liquidation penalty, just for talking. It’s not just coaching, but every profession I can think of: The threat of taking your talent to a rival is one of the oldest ploys in the book for negotiating a raise, a promotion, extra perqs. etc. BC has started a terrible precedent.

...Addicted to Facebook. Why, oh, why did I ever start an account?!...

by Stuck in the Plains on Feb 18, 2009 12:53 PM CST up reply actions   0 recs

Exactly

and I have a moral objection to it as well. People get new/better jobs all the time. To quote the great Randy Marsh, “I thought this was America.”

"All hockey players are bilingual. They know English and profanity." - Gordie Howe

by Bens4vcobra on Feb 18, 2009 2:01 PM CST up reply actions   0 recs

BamaFrazier, the baby has a mighty cute outfit on...

Crimson is sooooo much better than pink.

P.S. I had to call her “the baby” because I don’t think you told us her name.

"I hate everything orange"
It's all about Crimson - ROLL TIDE!!!

by bamavicki on Feb 18, 2009 5:08 PM CST up reply actions   0 recs

There are 22 Right to Work states...

Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Kansas, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming.

When I was a travel agent/manager in Virginia, I had to sign a non-compete because I could have taken a million dollars in sales out the door to another agency. There’s a fine line you walk when you talk to a competitor about employment. Your current employer could look at it that your head is already not with them anymore and fire you, or they may try to negociate to keep you. It can go either way in a Right to Work state.

"I hate everything orange"
It's all about Crimson - ROLL TIDE!!!

by bamavicki on Feb 18, 2009 5:27 PM CST reply actions   0 recs

Absolutely...

I hate right to work states :P This line, particularly is true —> “Your current employer could look at it that your head is already not with them anymore and fire you”. That actually happened to me when I was an editor for newspaper paper down in Alabama. My boss thought my mere interest in a little non-profit side writing for a community interfaith poverty group (Alabama Arise, thank you very much) was a sign of me “fishing for another job”, and doing so with “commies”. I don’t think I had gotten the last words out to set the proposal to him before he booted my ass out the door.

...Addicted to Facebook. Why, oh, why did I ever start an account?!...

by Stuck in the Plains on Feb 18, 2009 6:03 PM CST up reply actions   0 recs

Comments For This Post Are Closed


User Tools

Welcome to the SB Nation blog covering the Alabama Crimson Tide.
Start posting about the Crimson Tide »

Join SB Nation and dive into communities focused on all your favorite teams.

FanPosts

Community blog posts and discussion.

Recommended FanPosts

Cyhawk1s_small
An open letter to Alabama from an Iowan.
Miltonf-788904_small
The Tennessee-Chattanooga Open Thread
Kleph_logo_copy_small
Tennessee Correctional League Recruiting Heats Up
Miltonf-788904_small
The Mississippi State Open Thread
Furman_bisher_small
The Story of a College Football Fix

Recent FanPosts

Saban2_small
May Hate Week Commence
Another_creepy_clown_small
Lou Holtz has uncharacteristically harsh words for Charlie Weis.
Bkc_ala_dudley164x225_1__small
MBB: Long-gestating vengeance against Providence achieved, 84-75
Bear-bryant_small
Tide-Mocs prediction thread
Bkc_ala_dudley164x225_1__small
MBB: Alabama 86, Jackson State 69
Alabama_crimson_tide_small
How in the heck do you cook edible gator????
Cimg9132_small
They should know better
Script_small
Lawyer for AU student, Jenkins, that Eric Smith assaulted on Finebaum
Belgian_2020a_20crest_201_small
From The National Weather Center

+ New FanPost All FanPosts >

Roll Bama Roll on Twitter


Managers

Large_hankwilliams_small Todd

Miltonf-788904_small outsidethesidelines

Nickcave_small Nico2.0

Authors

Kleph_logo_copy_small kleph

26935420b_small PeteHoliday

Official Partner of CBS Sports