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re: Hog fans: How ironclad is Enos's non-compete clause?
Posted on 2/9/17 at 9:24 am to hogcard1964
Posted on 2/9/17 at 9:24 am to hogcard1964
quote:
...and to be perfectly honest with everyone here, as a Razorback fan, the bloom is somewhat off the rose for me in regards to Enos. I think he's become a shadow of himself or what he was in 2015. last year, his play calling was off the wall.
Austin Allen and a raw offensive line was the difference. Austin needs to mature a lot. Brandon Allen had a spectacular '15 season.
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Posted on 2/9/17 at 9:25 am to PorkSammich
quote:
Kirby Smart already tried to add Enos
Kirby Smart
Bret Beliema
Nick Saban
One is not like the others.
Having said that, chances are virtually nil that it would be Enos.
Posted on 2/9/17 at 9:32 am to GenesChin
It would take longer to fight and win than to just wait until the noncompete expires.
Right now he can take any job outside the sec, any job in the nfl, and any hc position in the sec. I dont think the noncompete would be broken, especially if enos is just trying to be a similar paid oc.
If he intended to be an oc at another sec school he wouldnt have signed the contract, and him using this intention as a reason wouldnt work. If enos had health problems or a good reason to only be able to relocate to an sec school then I would be worried, as that could possibly make the contract unfair.
Right now he can take any job outside the sec, any job in the nfl, and any hc position in the sec. I dont think the noncompete would be broken, especially if enos is just trying to be a similar paid oc.
If he intended to be an oc at another sec school he wouldnt have signed the contract, and him using this intention as a reason wouldnt work. If enos had health problems or a good reason to only be able to relocate to an sec school then I would be worried, as that could possibly make the contract unfair.
Posted on 2/9/17 at 9:34 am to Triple Daves
quote:
The key, of course, is that guys have to sign them.
Ya and every situation is different but if the money is right, they will sign them. There also seems to be this thing in which some posters acted like everyone thought Enos was a great hire and question why he would ever sign a contract like this. Many questioned the hire by Bert, including Hog fans.
Posted on 2/9/17 at 9:37 am to rockiee
quote:
It does but that would be something else that would be new in this regard as far as I know. California ruled a while back that they will not enforce non-compete clauses that were agreed on out of state. Of course if Georgia pushed the issue last year and made an offer. University of Arkansas would be filing the case in Arkansas because that is were the contract was signed. From there everyone is just guessing what would happen.
This is what I was remembering BTW
quote:
"You covenant and agree not to accept employment in any coaching capacity, except for a head coach position, with any other SEC institution... prior to the expiration date of the term and any mutually agreed upon extensions of the term."
Enos non compete clause
quote:
Under Georgia's old non-compete law, this restriction would have been unenforceable for at least two reasons. First, by restricting Enos from working in any coaching capacity, it went beyond the role that he actually performed for Arkansas - offensive coordinator - and thus would have been held to be overly broad in terms of scope of activity. Second, because the covenant covers "any other SEC institution," it would have been viewed as a shifting provision in that the ultimate geographic scope could not be determined at the time of signing because the league (and thus the geographic scope) could have expanded. These arguments would likely fail under Georgia's new restrictive covenant statute, which went into effect on May 11, 2011. Thus, the change in the law deprives us of the potential spectacle of Georgia and Arkansas litigating (possibly in two different jurisdictions) over the hiring of an offensive coordinator.
Posted on 2/9/17 at 9:37 am to rockiee
Maybe it is because I have connectoins to the Fightin' Chips of the central Michigan flatlands but I thought Enos was a great hire 
He isn't much as a HC but the guy knew offense
He isn't much as a HC but the guy knew offense
This post was edited on 2/9/17 at 9:37 am
Posted on 2/9/17 at 10:14 am to GenesChin
quote:
I thought Enos was a great hire
you wouldn't be wrong
Posted on 2/9/17 at 10:14 am to GenesChin
quote:
I thought Enos was a great hire
Not saying that no one should have thought that, but I believe many are forgetting the place he was in when he signed the contract, as to where he is now.
Posted on 2/9/17 at 10:15 am to NYCAuburn
quote:
Under Georgia's old non-compete law, this restriction would have been unenforceable for at least two reasons. First, by restricting Enos from working in any coaching capacity, it went beyond the role that he actually performed for Arkansas - offensive coordinator - and thus would have been held to be overly broad in terms of scope of activity. Second, because the covenant covers "any other SEC institution," it would have been viewed as a shifting provision in that the ultimate geographic scope could not be determined at the time of signing because the league (and thus the geographic scope) could have expanded. These arguments would likely fail under Georgia's new restrictive covenant statute, which went into effect on May 11, 2011. Thus, the change in the law deprives us of the potential spectacle of Georgia and Arkansas litigating (possibly in two different jurisdictions) over the hiring of an offensive coordinator.
Can you link that, who wrote that?
I think I remember us having this discussion last time with the Georgia situation.
This post was edited on 2/9/17 at 10:16 am
Posted on 2/9/17 at 10:45 am to rockiee
It was a great hire by CBB and a protective mechanism that works most of the time in the business world. As for Enos being only a state employee, not sure that holds water. The vast majority, if not all of his contract is paid by the Razorback Foundation. Scott Varady is the foundation president and has served as the lead UofA attorney in these situations. He is one sharp dude.
Enos, like others, are not forced to sign these contracts. He knew what he was doing and got the bump in pay for doing so.
No university, in their right mind, will go through the litigation and publicity to test the waters, so to speak. RiGHT? It would be ridiculous.
But I am glad others like one of our coaches
Posted on 2/9/17 at 11:17 am to phil4bama
This is the best thread on this forum since the season ended.
Posted on 2/9/17 at 11:24 am to cardboardboxer
quote:
This is the best thread on this forum since the season ended.
Why?
Because there actually is some decent discussion.
Posted on 2/9/17 at 11:30 am to rockiee
quote:
but I believe many are forgetting the place he was in when he signed the contract
Head coach at a decent midmajor?
Granted he didn't have a ton of high level OC experience but he had a good track record moving up the ranks
Posted on 2/9/17 at 11:30 am to hogcard1964
yeah no. He had a shite OL to work with this year.
Posted on 2/9/17 at 11:33 am to GenesChin
quote:
Head coach at a decent midmajor?
That had just been fired. I'm not sure what you are getting at, people weren't jumping at the chance to get in on the staff.
Posted on 2/9/17 at 11:34 am to rockiee
Would him getting a title like "Associate Head Coach" or "Assistant Head Coach" get around the non-compete clause? I know most teams in the SEC have at least one, sometimes both, of those.
Posted on 2/9/17 at 11:35 am to TideSaint
quote:
Would him getting a title like "Associate Head Coach" or "Assistant Head Coach" get around the non-compete clause? I know most teams in the SEC have at least one, sometimes both, of those.
This is actually something I brought up in the other thread. I think that is an interesting idea that could work but not sure.
Posted on 2/9/17 at 11:36 am to johnzorback
quote:
It would take longer to fight and win than to just wait until the noncompete expires.
My original point was essentially this. Whether or not the non compete holds up doesn't really matter at all. Sure Ark would love if it did, but even if it wouldn't they don't need to worry
The threat of a long protracted legal battle is deterrence enough.
Posted on 2/9/17 at 11:39 am to TideSaint
quote:
Would him getting a title like "Associate Head Coach" or "Assistant Head Coach"
According to NyCs post that wouldn't work as Arkansas specifically named Head Coach as only option.
Typically that is a common way to get past buyouts. Auburns WR coach Kodi Burns is technically "Co-OC" solely to get past the buyout which was about $750k+ (he just signed ASU contract)
Posted on 2/9/17 at 11:41 am to GenesChin
quote:
According to NyCs post
I would like to see the actual source, some of that contradicts with things I have read on non-compete clauses and scope. I also question the way the laws are interpreted based on the state in which the contract is signed.
This post was edited on 2/9/17 at 11:43 am
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