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Hog fans: How ironclad is Enos's non-compete clause?

Posted on 2/8/17 at 9:41 pm
Posted by phil4bama
Emerald Coast of PCB
Member since Jul 2011
11454 posts
Posted on 2/8/17 at 9:41 pm
His name has been mentioned regularly in connection with the Bama opening. Then the non-compete clause comes up with everyone having a different opinion on it. So what's the story, is he untouchable or is there an out for him?
Posted by labamafan
Prairieville
Member since Jan 2007
24263 posts
Posted on 2/8/17 at 9:42 pm to
I don't understand why a coach of his caliber would agree to such nonsense. Arkansas needs him a lot more than he needs them.
Posted by RazorHawg
Member since Aug 2013
24251 posts
Posted on 2/8/17 at 9:45 pm to
You going to name him head coach?
Posted by phil4bama
Emerald Coast of PCB
Member since Jul 2011
11454 posts
Posted on 2/8/17 at 9:52 pm to
Nope, just pay him more money and give him better toys to play with. I'd like an intelligent response please.
Posted by RazorHawg
Member since Aug 2013
24251 posts
Posted on 2/8/17 at 9:52 pm to
He can't go to another SEC school unless named HC.. that is only way buyout is waived
This post was edited on 2/8/17 at 9:54 pm
Posted by phil4bama
Emerald Coast of PCB
Member since Jul 2011
11454 posts
Posted on 2/8/17 at 10:01 pm to
Thanks. I wonder if anyone would try to negotiate it.
Posted by TheCheshireHog
Cashew Chicken Country
Member since Oct 2010
40851 posts
Posted on 2/8/17 at 10:09 pm to
quote:

Nope, just pay him more money and give him better toys to play with. I'd like an intelligent response please.


He gave you the correct response.
This post was edited on 2/8/17 at 10:10 pm
Posted by RazorHawg
Member since Aug 2013
24251 posts
Posted on 2/8/17 at 10:19 pm to
No clue maybe if Enos went to Bielema and said that it was something he really wanted to pursue or something he thinks would help him.

That being said I think Enos wants to be a NFL OC next or P5 HC. He had interest as NFL QB coach and Narduzzi reached out this offseason before his most recent contract update.

Every Ark asst has a SEC non compete clause in contract. Details of whats included in that has never been made public. Our coordinators buyouts are waived only for HC job. Position coach buyouts are waived only for DC/OC or HC promotion.
Posted by vengeanceofrain
depends
Member since Jun 2013
12465 posts
Posted on 2/8/17 at 10:28 pm to
He's not going anywhere this year with a senior GB he's molded for 3 yeats, the most vet o line in the sec and a 1500 yard returning rusher. Next year however he gone
Posted by PorkSammich
North FL
Member since Sep 2013
14201 posts
Posted on 2/9/17 at 7:22 am to
Kirby Smart already tried to add Enos but go for it Bama.

Posted by hogcard1964
Illinois
Member since Jan 2017
10333 posts
Posted on 2/9/17 at 8:01 am to
Non compete clause. No chance he goes anywhere in the SEC except as a head coach. And Bama couldn't buy it out either.

Just wait a year. Bielema should be fired by then and that coaching staff will be spit up.
This post was edited on 2/9/17 at 8:02 am
Posted by MagillaGuerilla
Nick Fairley Fan Club, Founder
Member since Nov 2009
35444 posts
Posted on 2/9/17 at 8:06 am to
quote:

Just wait a year


Posted by GenesChin
The Promise Land
Member since Feb 2012
37704 posts
Posted on 2/9/17 at 8:33 am to
Non Compete clauses are typically near impossible to enforce.

If Bama bought him out and "gifted" Bret some buffet coupons, they could have him.
Posted by elposter
Member since Dec 2010
24816 posts
Posted on 2/9/17 at 8:38 am to
quote:

He can't go to another SEC school unless named HC.. that is only way buyout is waived


Buyout (typical) isn't the same thing as a non-compete (not as typical in coaching contracts). If it's a true non-compete and held to be enforceable and Arkansas wanted to play hardball, then it could be enforced in court by a judge issuing an injunction and Enos would be held in contempt and possibly jailed if he violated the injunction. Very different than a buyout where it's just a matter of money.
Posted by hogcard1964
Illinois
Member since Jan 2017
10333 posts
Posted on 2/9/17 at 8:40 am to
quote:

Non Compete clauses are typically near impossible to enforce.


Enos' has already been enforced. Kirby Smart wanted to discuss a contract with him his contract wouldn't allow it.
Posted by bamasgot13
Birmingham
Member since Feb 2010
13619 posts
Posted on 2/9/17 at 8:41 am to
quote:

And Bama couldn't buy it out either.


How much is it?
Posted by GenesChin
The Promise Land
Member since Feb 2012
37704 posts
Posted on 2/9/17 at 8:43 am to
quote:



Enos' has already been enforced. Kirby Smart wanted to discuss a contract with him his contract wouldn't allow it.



This isn't actual enforcement. This is UGA backing down and not wanting to go through the headache of fighting it.


The impending legal slugfest and distraction the non compete is likely a much bigger deterrent than the legal merits of the non compete
Posted by hogcard1964
Illinois
Member since Jan 2017
10333 posts
Posted on 2/9/17 at 8:43 am to
quote:

And Bama couldn't buy it out either.


It doesn't matter, it's not a matter of cost. They couldn't enter into a contract with him. I think it expires after 2018.
Posted by GenesChin
The Promise Land
Member since Feb 2012
37704 posts
Posted on 2/9/17 at 8:46 am to
quote:

They couldn't enter into a contract with him.



They definitely can enter a contract, they'd just be hit with an injunction + monetary damages lawsuit and then have a protracted legal battle to determine the enforceability of the non compete.

Since it would be filed in Arkansas, got to imagine a temporary injunction would stick but Bama would end up winning the final verdict of the validity of the enforceability of the non compete


No team would want to go through that mess. So it basically is a great deterrent despite probably not having much legal basis
This post was edited on 2/9/17 at 8:48 am
Posted by rockiee
Sugar Land, TX
Member since Jan 2015
28540 posts
Posted on 2/9/17 at 8:51 am to
quote:


The impending legal slugfest and distraction the non compete is likely a much bigger deterrent than the legal merits of the non compete


That is kind of the whole purpose of any contract though. No one knows if he would stand up during a lengthy legal process because it hasn't be tried and like many things is ultimately going to be subjectively judged. But there is precedent in other areas of employment. The biggest issue would be if the scope is too large which I don't think it is in this situation.
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