Salviati
| Favorite team: | LSU  |
| Location: | |
| Biography: | |
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| Number of Posts: | 6949 |
| Registered on: | 4/26/2006 |
| Online Status: | Not Online |
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quote:Bingo.
People miscalculate all the time. He thought he read the signals correctly, . . . and came out with a forceful statement that he thought would make him look Trump-like.
Either he sounds his ideas in an echo chamber, or he simply misinterpreted some grumbling with an overwhelming support
This is the same guy who imported a tiger from Florida because he thought people were angry that Mike did not enter the stadium.
This is the same guy who suggested possible athletic scholarship eliminations because the women's basketball team was not on the court, and the football team was not on the field, for the nation anthem.
He appears to want to ride angry mobs into higher office.
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re: So if Kelly has not been fired nor suspended..
Posted by Salviati on 11/12/25 at 1:29 pm to LSUFanHouston
quote:Termination for Cause requires LSU to provide written notice to Kelly at several different points in time, and it gives Kelly the opportunity to cure, contest, and appeal:
So if Kelly has not been fired nor suspended..
quote:LSU, however, has already announced that Kelly was terminated:
This Agreement may be terminated for "cause" by LSU, acting through the President, at any time prior to its expiration, upon written notice to Employee.
* * *
The termination date shall be the date on which the initial notice of termination is given, or on such later date as may be set forth by LSU in the notice of termination.
* * *
3. After the expiration of the seven-day cure period set forth above without appropriate curative actions having been taken by Employee, but prior to termination for cause, Employee shall be provided with written notice of contemplated termination and a statement of the grounds and facts in support thereof and shall have an additional seven calendar days from receipt of such notice to respond in writing and/or present documents or other written evidence to the Athletics Director. After review of any such response, to, the Athletics Director or the Athletics Director's designee shall provide Employee written notice of a decision.
4. Within seven calendar days of receipt of the decision, Employee may make a written request for review to the President and submit materials for consideration. If no such request is made, the decision of the Athletics Director is final. If a request for review is made, the President or the President's designee shall conduct the review based on materials provided by the Employee and all materials considered by the Athletics Director. Within 14 calendar days of the submission, Employee will be provided written notice of the decision of the President, which will be final.
quote:
LSU Athletics has made the decision to separate with football head coach Brian Kelly effective immediately, Director of Athletics Scott Woodward announced Sunday.
Terms of the separation are still being negotiated.
“When Coach Kelly arrived at LSU four years ago, we had high hopes that he would lead us to multiple SEC and national championships during his time in Baton Rouge,” Woodward said. “Ultimately, the success at the level that LSU demands simply did not materialize, and I made the decision to make a change after last night’s game. I am grateful for the ongoing consultations and support of the LSU Board of Supervisors and Interim President Matt Lee in this decision. We wish Coach Kelly and his family the very best in their future endeavors. We will continue to negotiate his separation and will work toward a path that is better for both parties.”
LINK
re: So if Kelly has not been fired nor suspended..
Posted by Salviati on 11/12/25 at 1:06 pm to wadewilson
quote:No.
LSU did not fire Kelly. The LSU statement uses the word "separation".
A firing would be a termination.
separation (noun)
1 : the act or process of separating : the state of being separated
2
a : a point, line, or means of division
b : an intervening space : gap (the separation between wheel spokes)
3
a : cessation of cohabitation between a married couple by mutual agreement or judicial decree
b : termination of a contractual relationship (such as employment or military service)
Separation - Definition
re: I call B.S. on this damage image crap
Posted by Salviati on 11/12/25 at 12:47 pm to CalTiger53
quote:“Those who cannot remember the past are condemned to repeat it.” – George Santayana
Yes we should and will get the right coach but paying top $ is a mistake until he wins big.
LSU already learned from your mistake. You want LSU to return to the 90s? No thanks.
Emmert saw the potential for LSU football. He made Saban the third highest paid coach in the country. That worked pretty well for LSU.
quote:You're suggesting that a statement that a person does NOT give their best efforts, does not impugn the person? Do you know a lot of employers who will pay top dollar to those people? Do you know a lot of FBS schools looking to hire those people as a head coach?quote:That's one that doesn't impune character.
e. Unreasonable refusal or repeated failure to perform any duties imposed upon Employee herein, or failing to perform the same to the best of Employee's reasonable ability;
re: You need evidence to allege "termination for cause" or else it's defamation.
Posted by Salviati on 11/11/25 at 12:44 pm to lsufball19
quote:How can you so completely miss the point?
But I'm still waiting for you to tell me how firing someone for cause, in and of itself, is impugning their character.
The question is NOT whether he was fired for cause. He was NOT fired for cause.
The question is whether LSU stated that it could have fired him for cause. If LSU maintains this position, it had better have evidence that it could have fired Kelly for cause. Otherwise, it's defamation.
re: You need evidence to allege "termination for cause" or else it's defamation.
Posted by Salviati on 11/11/25 at 12:38 pm to lsufball19
quote:I've read the contract. He's a head coach. Why do you think LSU inserted those clauses? What would an alleged violation of one of those clauses do to his employment opportunities?
Here's a link to his contract. Under II-A-1, the bases for cause are provided. There are a lot of them. Many of them are very broad. Many would not involve impugning his character.
re: You need evidence to allege "termination for cause" or else it's defamation.
Posted by Salviati on 11/11/25 at 12:27 pm to lsufball19
quote:Because the only grounds to terminate for cause impugn a person's character.quote:how does that impugn his character?
By saying that it has grounds to terminate Kelly for cause.
If you call a person a criminal, it doesn't matter that you didn't specify the precise crime committed. It's defamation unless you have proof the person committed a crime.
If you call a person a liar, it doesn't matter that you didn't specify the precise lie that was told. It's defamation unless you have proof the person told a lie.
re: You need evidence to allege "termination for cause" or else it's defamation.
Posted by Salviati on 11/11/25 at 12:22 pm to lsufball19
quote:You failed to respond. Failure to respond typically results in judgment for the other side.
That's a lot of words to type out to acknowledge that I'm right.
I don't blame you for quitting. :cheers:
re: You need evidence to allege "termination for cause" or else it's defamation.
Posted by Salviati on 11/11/25 at 12:16 pm to lsufball19
quote:By saying that it has grounds to terminate Kelly for cause.
How did LSU "impugn the character of Kelly"?
re: What’s better for LSU? Cooling off the press and settling or going all in
Posted by Salviati on 11/11/25 at 12:13 pm to Adam Banks
quote:Do YOU have that kind of money? To give the next coach Kelly's buyout as a signing bonus?
If you go all in then you give the next coach Kelly’s buyout money as a signing bonus. AND say so in the media.
I mean we are already down this road. Might as well go full speed ahead
Because the LSU Athletic Department does not appear to have it.
re: You need evidence to allege "termination for cause" or else it's defamation.
Posted by Salviati on 11/11/25 at 12:11 pm to lsufball19
quote:Read what I wrote:quote:And you don't sound like you know what a declaratory judgment lawsuit is :lol:
That lawsuit seeks a declaratory judgment that LSU has no grounds for firing Kelly “for cause.”
Kelly is seeking a judgment to declare whether Kelly was, in fact, fired without cause by Woodward.
quote:
That lawsuit seeks a declaratory judgment that LSU has no grounds for firing Kelly “for cause.”
Now, read what you wrote:
quote:
Kelly is seeking a judgment to declare whether Kelly was, in fact, fired without cause by Woodward.
I know what a dec action is, and, unlike you, I know why Kelly filed it. Kelly is not asking the court to determine if he was fired without cause. He is telling LSU to put up or shut up. Kelly expects LSU to shut up and concede that it has no grounds to fire him for cause.
quote:If LSU fails to shut up, and instead, attempts to put up claims that it can / could have fired Kelly for cause and LSU lacks proof, LSU will be confirming that it wants to litigate a defamation claim.
Nonetheless, how exactly do you think one gets to a defamation claim from a declaratory judgment lawsuit like this? (I'll give you a hint. You can't)
quote:It will if LSU makes the claim that Kelly's actions support a for cause termination, but LSU cannot prove that it's claims are true.
Right. And if the court finds that LSU does not have cause to fire him, that doesn't give rise to a claim for defamation.
quote:I've tried scores of lawsuits, and I've never filed nor faced a defamation lawsuit. But none of those lawsuits arose out of purported statements impugning the character of one of the parties. Kelly's lawsuit states those exact allegations.
Do you think every party that loses a lawsuit is liable for defamation because they took a position that the court ultimately disagreed with?
quote:bullshite.
LSU is trying to bully BK into settling for less money because if not they will parade a list of witnesses to show how he wasn't fulfilling his job duties or meeting his moral obligations. BK will have to decide if he wants all of that (whether credible or not) in the public record.
Kelly filed the lawsuit. He's not worried.
quote:Are there grounds to fire Kelly that do not impugn his character?
That is so NOT defamation FFS :lol:
The “grounds” you state are vague and open to interpretation.
If not, then it's defamation to assert there are such grounds, unless LSU has proof to support those grounds.
re: You need evidence to allege "termination for cause" or else it's defamation.
Posted by Salviati on 11/11/25 at 11:36 am to lsufball19
quote:You apparently have no idea what the lawsuit is about.
No, that's not how defamation works
If this actually goes to court (doubtful) and Kelly wins, he'll get a judgment to enforce the contract and a judgment for his attorney fees. How can he possibly allege damages when the provision in the contract he's trying to enforce was an agreed upon contractual amount for liquidated damages, with mitigation language on top of that. Unless Kelly proves that, absent LSU firing him, he would have made MORE than the money guaranteed to him, then he has no argument for damages in excess of what he's already agreed to in his contract.
That lawsuit seeks a declaratory judgment that LSU has no grounds for firing Kelly “for cause.”
quote:Yes. That was bullshite. There was NEVER one dude to pay the entire buyout.
What changed that there was one dude paying the entire buyout
Was that bullshite?
That bullshite was spread to make it look like the whole thing was planned in advance and there was no harm in firing Kelly. Specifically, the bullshite was spread to make it appear that there would be no lingering financial problems from firing Kelly immediately.
Now everyone knows that there was no planning. Now everyone knows that the LSU Athletic Department is going to have to make the contract payments or somehow fund the time value of a settlement. Those payments or that lumpsum reduce LSU's ability to find a replacement head coach and/or fund NIL.
quote:That's not what Kelly is doing.
How can you prove defamation against LSU over social media rumors?
LSU and Kelly have been negotiating the terms of his buyout. The issue of whether Kelly could be fired for cause was raised. Kelly asked LSU to confirm that he wasn't fired for cause. LSU failed to do so.
By failing to confirm that Kelly was not fired for cause, LSU is suggesting that it has grounds to fire for Kelly for cause. According to the terms of the contract, any grounds to fire Kelly for cause would impugn Kelly's character. Either LSU concedes that it has no grounds to fire Kelly for cause, or LSU better have proof that it has evidence to support those allegations. Otherwise, that's defamation.
quote:The time-value of periodic payments will reduce a lump-sum payment, but Kelly's getting more today that he was two days ago.
LSU is going to wind up paying Kelly more than $53 million.
quote:Bingo!
If LSU had it they would have already told him. They don't have shite and he knows it otherwise he would not have filed the dec action.
Nobody files a dec action about potentially defamatory information unless they expect to win.
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