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Does Michael Smith have a non compete clause in his contract?

Started by Hogwild, January 19, 2016, 06:42:32 pm

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Hogwild

Do all of the assistant coaches have non compete clauses or just the coordinators?


QuoteMichael Smith from Ark., Larry Porter, and Curtis Johnson are the candidates for the RB Coach at LSU according to Shea Dixon

Porter left LSU to become HC at Memphis
Curtis Johnson was the head coach at Tulane last season, but has ties to the NFL (Saints WR prior to Tulane hiring him)

Hogsmo Kramer

Hogville = The Nexus of the Universe!!!!!

 

MuskogeeHogFan

Quote from: Hogwild on January 19, 2016, 06:42:32 pm
Do all of the assistant coaches have non compete clauses or just the coordinators?


Porter left LSU to become HC at Memphis
Curtis Johnson was the head coach at Tulane last season, but has ties to the NFL (Saints WR prior to Tulane hiring him)

I'd be willing to bet that after the Pittman thing (I don't need to sign one...I'm not going anywhere), I bet everyone has non-competes that preclude them from taking a similar position with any team in the SEC or that we play in the next 3 years.
Go Hogs Go!

onebadrubi

Quote from: MuskogeeHogFan on January 19, 2016, 07:01:43 pm
I'd be willing to bet that after the Pittman thing (I don't need to sign one...I'm not going anywhere), I bet everyone has non-competes that preclude them from taking a similar position with any team in the SEC or that we play in the next 3 years.

Arkansas can't go to him and just say hey we've added this to your contract. Something held up his contractual negotiations last year. It never leaked as to what, so we have no idea.  For Arkansas to amend his contract I am sure they would have to also bring something to the table $$$

MuskogeeHogFan

Quote from: onebadrubi on January 19, 2016, 07:11:55 pm
Arkansas can't go to him and just say hey we've added this to your contract. Something held up his contractual negotiations last year. It never leaked as to what, so we have no idea.  For Arkansas to amend his contract I am sure they would have to also bring something to the table $$$

But they can go to him and say..."Here is your updated contract and extension, including a pay raise, and by the way, here is your non-compete". Guess what? He signs it. They can certainly do that. They don't even have to offer him a raise, but after last year I am pretty sure that they would.
Go Hogs Go!

onebadrubi

Quote from: MuskogeeHogFan on January 19, 2016, 07:21:01 pm
But they can go to him and say..."Here is your updated contract and extension, including a pay raise, and by the way, here is your non-compete". Guess what? He signs it. They can certainly do that. They don't even have to offer him a raise, but after last year I am pretty sure that they would.

I completely disagree.  You don't do that that this crucial time with a coach. Bad business move.  If it's not in there you address after signing day

ricepig

I can't seem to find his contract, but he did sign an extension last February.

Nashville Fan

Non competes are very hard to enforce in most employment contracts.
Pittman or Bust!

ricepig

Quote from: Nashville Fan on January 19, 2016, 07:31:54 pm
Non competes are very hard to enforce in most employment contracts.

Yeah, but I doubt the University's counsel put them in for shittz and giggles.

King Kong

Would hate to lose him. Especially before signing day. Dude can is key to our LA recruiting.


King Kong

Quote from: Nashville Fan on January 19, 2016, 07:31:54 pm
Non competes are very hard to enforce in most employment contracts.

Which is why Dan Enos is at UGA right?

Hog_Swanson

Quote from: JIMMY BOARFFETT on February 08, 2018, 08:00:41 pm

I have gonads, and as soon as my wife gets back I'll prove it.  I keep 'em in her purse. >:(

Quote from: PorkSoda on Today at 04:03:25 pm
Okay, you are right, I should have done that first instead of going off of what other people said was said.
So basically all my complaining was for nothing and I'm a dumbass.  I should have just watch the presser BEFORE commenting.

supersaint

There's no sense in nonsense when the heat is hot.

 

Ironhawg

So is there some speculation of him leaving or is this random discussion?

Styflin

Quote from: ricepig on January 19, 2016, 07:29:55 pm
I can't seem to find his contract, but he did sign an extension last February.

I thought he signed a 1 year extension. I believe he is due for another one.

MuskogeeHogFan

Quote from: onebadrubi on January 19, 2016, 07:29:30 pm
I completely disagree.  You don't do that that this crucial time with a coach. Bad business move.  If it's not in there you address after signing day

And I'll raise you one complete disagreement. ;)
Go Hogs Go!

Styflin

Quote from: MuskogeeHogFan on January 19, 2016, 08:25:29 pm
And I'll raise you one complete disagreement. ;)

Smith signed a one year extension for the 2015 season. His salary was/is 275,000 with a 40,000 buyout.

MuskogeeHogFan

Quote from: Styflin on January 19, 2016, 08:32:03 pm
Smith signed a one year extension for the 2015 season. His salary was/is 275,000 with a 40,000 buyout.

And we currently have no knowledge of what has been done since the departure of Pittman.
Go Hogs Go!

bennyl08

Quote from: PorkSoda on May 05, 2016, 09:24:05 pm
damn I thought it was only a color, didn't realize it was named after a liqueur. leave it to benny to make me research the history of chartreuse

PorkRinds

A choice between LSU and their hit seat coach and us is a pretty easy one at this point.  Coaching Fournette is the only plus I can see.  But you very well may be looking for a job in a year.

ricepig

Quote from: PorkRinds on January 19, 2016, 08:42:01 pm
A choice between LSU and their hit seat coach and us is a pretty easy one at this point.  Coaching Fournette is the only plus I can see.  But you very well may be looking for a job in a year.

Wilson was making $675,000+, they said he took a pay cut to be HC at UTSA. His salary here is $750,000.

KlubhouseKonnected

Quote from: ricepig on January 19, 2016, 07:33:58 pm
Yeah, but I doubt the University's counsel put them in for shittz and giggles.
Quote from: Nashville Fan on January 19, 2016, 07:31:54 pm
Non competes are very hard to enforce in most employment contracts.

Generally true, but the more limited in scope that the clause is the more favorably it is viewed. In the grand scheme of things the non-compete clause that Enos's has (at least my understanding of it), is fairly limited.
If Auburn is dirty so is Gus. You can't have it both ways. Deal with it.

ThisTeetsTaken

I don't see LSU hiring Smith to be their RB coach.  To my knowledge he's never coached RB's.  He was a WR as a player and I think he's always coached WR's (correct me if I'm wrong).  LSU wouldn't hire him solely on recruiting prowess either IMO. They can get a RB coach who can recruit pretty easily if they needed one which they don't considering how well they recruit already.
***"He must increase, but I must decrease"***

colbs

Quote from: ThisTeetsTaken on January 19, 2016, 09:01:26 pm
I don't see LSU hiring Smith to be their RB coach.  To my knowledge he's never coached RB's.  He was a WR as a player and I think he's always coached WR's (correct me if I'm wrong).  LSU wouldn't hire him solely on recruiting prowess either IMO. They can get a RB coach who can recruit pretty easily if they needed one which they don't considering how well they recruit already.
I think he has coached RBs before but could be wrong.

 

HOGINTENNESSEE

Quote from: ThisTeetsTaken on January 19, 2016, 09:01:26 pm
I don't see LSU hiring Smith to be their RB coach.  To my knowledge he's never coached RB's.  He was a WR as a player and I think he's always coached WR's (correct me if I'm wrong).  LSU wouldn't hire him solely on recruiting prowess either IMO. They can get a RB coach who can recruit pretty easily if they needed one which they don't considering how well they recruit already.

He coached RB's at Kansas State, Rice and Arizona. Eventually moved to WR which is what he played in college. Left Kansas State to be closer to home in LA. If offered and assuming he doesn't have an No SEC clause he would take it.


ricepig

My understanding is that Curtis Johnson is the target for the job.

Hoggish1

Quote from: onebadrubi on January 19, 2016, 07:11:55 pm
Arkansas can't go to him and just say hey we've added this to your contract. Something held up his contractual negotiations last year. It never leaked as to what, so we have no idea.  For Arkansas to amend his contract I am sure they would have to also bring something to the table $$$


ding, Ding, DING...

ricepig

Quote from: Hoggish1 on January 19, 2016, 09:19:32 pm

ding, Ding, DING...

He got a raise and extension. I have no idea if there's a non-compete clause in it. Lunney got a raise and extension, but doesn't have a non-compete, whereas Segrest got both and does.

BPsTheMan


King Kong

Quote from: Harry Rex Vonner on January 19, 2016, 09:54:55 pm
a seven year old can coach running backs

If that's the case why aren't you coaching RB's for 270k?

BPsTheMan



Hog Fan...DOH!

Quote from: Nashville Fan on January 19, 2016, 07:31:54 pm
Non competes are very hard to enforce in most employment contracts.

Unless a particular Arkansas state legislature goes and drafts a new law providing for presumptive enforcement of non-compete agreements in the employment context.

tusksincolorado

Screw it! I'm an old angry male, live with it!

ChitownHawg

I kind of remember CBB, during the Pitt departure, that Pitt was the only coach without a noncompete. iirc
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HOGINTENNESSEE

Quote from: ChitownHawg on January 20, 2016, 04:44:19 am
I kind of remember CBB, during the Pitt departure, that Pitt was the only coach without a noncompete. iirc

He didn't say that.

But, he did mention that it was talked Pittman in his contracts after his original. Which he had never disclosed before. Which means it's possible that Smith and Lunney had that discussion as well and may have a non compete. Previously CBB had just said anyone other than his original hires had it.

onebadrubi

Non competes are VERY difficult to hold up in middle class business positions. When it comes to the professional (let's just say 6 figure plus) world they become much more common and much more difficult to break.  A judge is not going to let a man making 70k not take a career advancement by going to a competitor, he isn't going to hold up the non compete, usually.  Often times these non competes are not compensated for which also hurts.  If a guy were to accept an amount of money for a non compete the become MUCH stronger.  That being said I fully believe a non compete in the sec against going to a division school would be completely upheld! 

ricepig

Quote from: HOGINTENNESSEE on January 20, 2016, 06:15:43 am
He didn't say that.

But, he did mention that it was talked Pittman in his contracts after his original. Which he had never disclosed before. Which means it's possible that Smith and Lunney had that discussion as well and may have a non compete. Previously CBB had just said anyone other than his original hires had it.

Lunney doesn't appear to have one either. Several coach's contracts are in here.

http://www.arktimes.com/ArkansasBlog/archives/2015/01/08/razorbacks-increase-pay-for-assistant-football-coaches

bphi11ips

Quote from: KlubhouseKonnected on January 19, 2016, 08:50:40 pm
Generally true, but the more limited in scope that the clause is the more favorably it is viewed. In the grand scheme of things the non-compete clause that Enos's has (at least my understanding of it), is fairly limited.

The non-compete we're taking about is almost certainly enforceable for the reason you stated.  It protects a legitimate interest of the employer - keeping a highly paid executive with access to competitively sensitive information away from a direct competitor, I'm sure for a reasonable period of time (my guess is only in the event of a buyout). The geographic scope (SEC schools)  is reasonably tailored to protect the employer's interest. It doesn't prevent the employee from procuring alternative employment outside the SEC.  It only kicks in if the employee decides he wants to leave prior to the end of the term.

No modification of a contract is enforceable unless it is supported by consideration.  The UA can't simply insert a non-compete in an existing contract without giving a coach something in return - typically an extension or money.
Life is too short for grudges and feuds.

KlubhouseKonnected

Quote from: bphi11ips on January 20, 2016, 08:33:12 am
The non-compete we're taking about is almost certainly enforceable for the reason you stated.  It protects a legitimate interest of the employer - keeping a highly paid executive with access to competitively sensitive information away from a direct competitor, I'm sure for a reasonable period of time (my guess is only in the event of a buyout). The geographic scope (SEC schools)  is reasonably tailored to protect the employer's interest. It doesn't prevent the employee from procuring alternative employment outside the SEC.  It only kicks in if the employee decides he wants to leave prior to the end of the term.

No modification of a contract is enforceable unless it is supported by consideration.  The UA can't simply insert a non-compete in an existing contract without giving a coach something in return - typically an extension or money.

Yeah, obviously they need mutuality of consideration. I was just too lazy to address that one yesterday.
If Auburn is dirty so is Gus. You can't have it both ways. Deal with it.

texas tush hog

Quote from: HOGINTENNESSEE on January 20, 2016, 06:15:43 am
He didn't say that.

But, he did mention that it was talked Pittman in his contracts after his original. Which he had never disclosed before. Which means it's possible that Smith and Lunney had that discussion as well and may have a non compete. Previously CBB had just said anyone other than his original hires had it.

As a matter of fact, he did say that all of the coaches hired after the first year had that in their contracts with the exception of the original hires. Lunney is the only coach remaining from the original staff.

rightdp

Quote from: ricepig on January 19, 2016, 09:33:35 pm
He got a raise and extension. I have no idea if there's a non-compete clause in it. Lunney got a raise and extension, but doesn't have a non-compete, whereas Segrest got both and does.

He did not get a raise.  He was the only coach last year that did not get a raise.

And there is no noncompete in his contract.    He does not want to go anywhere. He loves it at Arkansas but he will go wherever he feels the most appreciated.   LSU has reached out to him but has not made any type of offer.  Hopefull Coach B will take care of him soon.

ricepig

Quote from: texas tush hog on January 20, 2016, 09:21:41 am
As a matter of fact, he did say that all of the coaches hired after the first year had that in their contracts with the exception of the original hires. Lunney is the only coach remaining from the original staff.

I think Smith is considered part of the "original" staff as the previous WR coach didn't even unpack his bags before heading to Syracuse as the OC.

ricepig

Quote from: rightdp on January 20, 2016, 09:42:09 am
He did not get a raise.  He was the only coach last year that did not get a raise

You are correct, he was hired in at $275,000.

colbs

Quote from: rightdp on January 20, 2016, 09:42:09 am
He did not get a raise.  He was the only coach last year that did not get a raise.

And there is no noncompete in his contract.    He does not want to go anywhere. He loves it at Arkansas but he will go wherever he feels the most appreciated.   LSU has reached out to him but has not made any type of offer.  Hopefull Coach B will take care of him soon.
How do you know they have reached out?

King Kong

Quote from: ricepig on January 20, 2016, 09:44:18 am
I think Smith is considered part of the "original" staff as the previous WR coach didn't even unpack his bags before heading to Syracuse as the OC.

Yep, Smith for sure falls in that category. The non- compete idea wasn't proposed by Long Until the Pittman offer to Bama which was in Feb 2013 and Smth was hired in Jan 2013

hogninja


onebadrubi

Quote from: hogninja on January 20, 2016, 08:08:04 pm
Did I miss something in the last week or two?

No.  He is saying the non compete's are good and using Dan Enos as an example of them holding up.