The Cost of Firing Him

[Hatchertiger]

Can LSU screw this up any more? The LSU brand is taking a hit with this amateur approach to firing a coach. Allegedly firing someone for cause after the fact but not specifying what the cause is. Who in their right mind who want to step into this mine field???

 

[Nutriaitch]

Can LSU screw this up any more? The LSU brand is taking a hit with this amateur approach to firing a coach. Allegedly firing someone for cause after the fact but not specifying what the cause is. Who in their right mind who want to step into this mine field???

I posted a similar thought in my Czar thread on the old site.
But isn't absolutely amazing how anytime the government gets involved with something, the entire situation goes to complete shit? (and it doesn't seem to matter what level of government or which "side" is in power)

 

[Nutriaitch]

so all that stuff about violating the morality clause was just wishful thinking

apparently LSU is now saying they never "formally fired" Brian Kelly yet.
and NOW they are going to officially formally permanently fire him on paper "with cause"

 

[houtiger]

Can LSU screw this up any more? The LSU brand is taking a hit with this amateur approach to firing a coach. Allegedly firing someone for cause after the fact but not specifying what the cause is. Who in their right mind who want to step into this mine field???

That is the correct statement. What idiot is driving this bus? I read the article you posted and I think Kelly's side has the correct reasoning. What they are saying is what I have been saying from the start. Is this driven by the new university president, or Verge. It seems it has to be driven by one of the two. I hope the governor isn't driving. And correct, what top quality coach wants to step into that kind of environment where the university does not want to honor its contract? You might get a young coach from a non power 5 school who wants to advance his career in a big way, it may be worth the risk to him since he may never get that kind of opportunity come along again. This is ugly, and I agree, the LSU brand is taking a hit.

 

[Hatchertiger]

The governor has no allegiance to LSU. His involvement in this shit show is purely based on power and his desire entire the national discussion. Unfortunately, his hand picked Prez and AD ("hello" cronyism!!!) thus far appear to be as inept as he is. Prez couldn't figure out if Verge was "interim", not interim with authority to hire coach but not permanent or something else. EVERYTHING about firing Kelly and the search for a new coach has painted LSU in a bad light. Think about what a dick Kelly can be and he's looking like the good guy here!!! Does LSU not understand the concept of public relations? Very sad to see how this is unfolding.

 

[houtiger]

Think about what a dick Kelly can be and he's looking like the good guy here!!! Does LSU not understand the concept of public relations? Very sad to see how this is unfolding

You said a mouthful !!!

Do they not understand contract law? By my reading of the contract, Kelly has the better case. Unless a La. judge ignores the law...

Kelly made enough money while he was working, he should not starve waiting for a decision.

 

[Nutriaitch]

By my reading of the contract, Kelly has the better case.

we don't know that yet and won't until LSU releases why they think they have "cause".

typically you don't pursue a "for cause" firing without having a VERY winnable case.
Because it is extremely difficult to win those cases in court, you don't even chase them unless you are extremely confident you have a case that you will win.

Think Will Wade's firing. The NCAA investigation and sanctions were a very clear cut violation of his "for cause" section of his contract.
Open and shut with no public court case.

This one will almost definitely end up in a court room and plastered across newspapers.
So I would think (or at least hope) LSU has some sort of evidence they feel is ironclad enough to pursue.

Unless a La. judge ignores the law...

wouldn't be the first time that happens either.

 

[houtiger]

I think the Kelly side is trying to pressure LSU with the facts spelled out in his lawsuit (I have not seen the 18 pages). There is a lot of public speech in the day of the firing and immediately after, and no mention of "for cause". I think they are attempting to show LSU how weak their position is and press for a higher settlement than LSU has offered so far, $30 mil. It looks to me like Kelly is getting good legal advice. In my Excel example on page 3 at 8:13 PM, I put the time value of the buyout closer to $44 million.

 

[Nutriaitch]

There is a lot of public speech in the day of the firing and immediately after, and no mention of "for cause".

correct, because NOBODY wants this to go to court.

a lot of dirty laundry gets aired like that.

I think they are attempting to show LSU how weak their position is

again, until something is released publicly, we have absolutely zero idea how weak or strong LSU's case may be.

my guess is (and has always been) that LSU must feel like they have something.
if not, this would have been settled already and they never would have let it get to the point of a lawsuit even being filed.

we just don't what that something may be.

It looks to me like Kelly is getting good legal advice.

will you still feel that way if LSU comes out with a countersuit saying we have proof of "X, Y, Z, etc." that paints a winnable picture for a for cause court case?

it's literally impossible to know who is right or wrong when you don't even know what one side of the argument will be.

 

[houtiger]

will you still feel that way if LSU comes out with a countersuit saying we have proof of "X, Y, Z, etc." that paints a winnable picture for a for cause court case?

it's literally impossible to know who is right or wrong when you don't even know what one side of the argument will be.

It is impossible to KNOW. However, based on statements made and actions taken, it is possible to infer what the parties are thinking. For BK to sue LSU, he seems to believe he was not fired for cause, based on what Woodward told him and public statements in the next 3 days. Therefore, LSU owes him the money. He might choose to settle for a lump sum up front if it is attractive enough, and reduce it by some amount if he wishes to get out from under the mitigation clause, but LSU does not have the right to tell BK he is fired for performance, then change their mind and tell him after the fact that it was for cause.

If LSU claims the termination was for cause, they have totally blown it by not following the terms of their contract:

 

[Nutriaitch]

It is impossible to KNOW. However, based on statements made and actions taken, it is possible to infer what the parties are thinking.

which also means it's possible to infer that LSU has some reason to believe they have a "for cause" case.

For BK to sue LSU, he seems to believe he was not fired for cause, based on what Woodward told him and public statements in the next 3 days. Therefore, LSU owes him the money. He might choose to settle for a lump sum up front if it is attractive enough, and reduce it by some amount if he wishes to get out from under the mitigation clause, but LSU does not have the right to tell BK he is fired for performance, then change their mind and tell him after the fact that it was for cause.

see here is where what we don't know plays a huge part in this whole story.

we have no clue what was said behind closed doors between LSU and Kelly.
the only thing we 100% know is that Kelly was open to negotiating (email that was obtained through FOIA confirms this).
literally everything else is from sources and not all tell the exact same story.

LSU may very well have told Kelly (something along the lines of) "hey, we could pursue this violation of your morality clause, but we don't want this to get ugly, let's negotiate and keep everything quiet and we both go on our way." Kelly and his agent agree.

He then gets fired and public is told it's for performance. Negotiations begin.

Interim President and the AD he was negotiating with both get replaced.
New people in charge of negotiating and things turn sour.
Probably at least in part due to the hit jobs the media has run on Kelly since he left.

BK goes on the offensive, slaps LSU with a lawsuit and wins Round 1 of the PR battle.

If LSU claims the termination was for cause, they have totally blown it by not following the terms of their contract:

oh LSU has fucked this whole thing up from the very beginning.
I said that even before all this shit popped up.

this is a masterclass on how NOT to fire a guy.