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BREACH OF CONTRACT

rgrizfan said:
Retirement and resignation both signify leaving a position, but they differ significantly in intent, benefits, and age criteria. Retirement usually means permanently leaving the workforce at an eligible age to access pensions or benefits. Resignation is a voluntary resignation of a job, often to pursue another opportunity, regardless of age.

Key Differences:
  • Benefits & Pension: Retirement often unlocks accumulated company benefits, pensions, or Medicare/social security benefits. Resignation generally means losing company-specific retirement benefits.
  • Intent:Retiring is typically a long-term plan to stop working, whereas resignation is a move to quit a specific job, often with plans to work elsewhere
    .
    • Age/Service: Retirement is often tied to age or a specific tenure (e.g., 55+ or specific "points" systems). Resignation can happen at any time.
    • Process: Retirement may require a longer, formal notice period to process retirement paperwork. Resignation is usually a shorter, standard notice.
Which to Choose?
  • Retire: If you are eligible for company pension, healthcare, or retirement benefits.
  • Resign: If you are leaving to join a new company, to change careers, or if you have not met the age/service requirements to officially retire.
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He retired from being a head coach. People retire all the time and then take new jobs. Teachers do it all the time. It would have a bad connotation to resign as the coach. Would make some people think he did something wrong.
 
indiancoyote said:
UM owns his coaching rights for length of contract, regardless of when he terminates it.
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Not true. The employment aspect ended when he gave notice to retire. That’s absolutely clear. No employer can own employment rights or anything similar after they are no longer obligated to pay the salary.
 
argh! said:
my view is that quitting a job with a certain title in order to take another job with different responsibilities is not 'retirement', it's resigning, and happens all the time.
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He retired as head coach. Don’t think he quit to take the Ill job. But that depends on the facts.
 
mthoopsfan said:
R

Read the contract. Read the liquidated damages clause. There is no non-compete. You are clueless.
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I have read it. I think you are clueless but I’d definitely love to litigate it against your so called 45 years of experience. I think it calls for arbitration anyways but still it’s an absurd notion you are putting forth. Most coaches would never have to pay a buyout to go to a better job they would just “retire”. Just not how it works.
 
DayLaw said:
That’s not how that works in a contract like this. I don’t know what else to tell you. Do some legal research and read the contract.

That honestly would create absurd results to get out of an employment contract early using that. Just a wild example to highlight my point…. y Caleb Williams “retiring” for 7 days just to get away from the Bears just to join a LA team.

Hauck will settle I am sure. I’m sure it will be done quietly but it’s a breach either way you look at it.
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You are wrong.
 
That
DayLaw said:
I have read it. I think you are clueless but I’d definitely love to litigate it against your so called 45 years of experience. I think it calls for arbitration anyways but still it’s an absurd notion you are putting forth. Most coaches would never have to pay a buyout to go to a better job they would just “retire”. Just not how it works.
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That’s not correct. If he quit-announced, and then got a new job, that is fine. If he lined up a new job ahead of quitting, that is likely a breach. Let’s bet $100 on what I just posted.
 
DayLaw said:
Why are you even arguing this? It’s clear you don’t understand contract law. It’s not his intent that matters. It matters what happened he didn’t actually retire so technically he’s not out of the contract that had a year left. He then took another job in a similar profession so the liquidated damages is available. I’ve heard UM is going for it and they should.
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You are wrong. You don’t understand contract law.
 
mthoopsfan said:
That

That’s not correct. If he quit-announced, and then got a new job, that is fine. If he lined up a new job ahead of quitting, that is likely a breach. Let’s bet $100 on what I just posted.
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Bet. You are missing the point on time left on that deal. His subjective intent doesn’t really matter what matters is what operationally happened.

An NFL example would be Rob Gronkowski, Marshawn Lynch and Brett Farve. All retired with time left on their contracts. Their rights still belonged to those teams when they unretired so compensation had to be exchanged for them to move to their new teams. Now of course that’s under a specific CBA but the principles are the same in scope of contract law.

Hey we disagree though that’s the legal world for you.
 
mthoopsfan said:
You are right, if those are the facts.
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Speaking as someone who knows someone who played for Bielema at Illinois and is now in the NFL, Bielema and Hauck tricked the Illinois fan base if this was a scheme to screw Montana out of $250k. The connected fans at Illinois all thought they were getting Partridge announced after the Super Bowl.
 
i am curious whether hauck was using a university-issued phone when interacting with illinois. didn't some soccer coach a few years ago have his university-issued phone messages and used those to fire him? according to ai, the answer appears to be "yes". note that the guy sued um for breach of privacy, but i don't know what became of the lawsuit. anyway, here's the answer i got to the question:

Yes, in early 2018, the University of Montana decided not to renew the contract of women's soccer coach
Mark Plakorus after an investigation revealed he used a university-issued cellphone to text escort services during recruiting trips. The investigation was initiated following complaints from players regarding inappropriate, excessive, and late-night messaging.
 
mthoopsfan said:
He retired from being a head coach. People retire all the time and then take new jobs. Teachers do it all the time. It would have a bad connotation to resign as the coach. Would make some people think he did something wrong.
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Or did he resign from being a head coach to pursue other coaching options?
 
argh! said:
i am curious whether hauck was using a university-issued phone when interacting with illinois. didn't some soccer coach a few years ago have his university-issued phone messages and used those to fire him? according to ai, the answer appears to be "yes". note that the guy sued um for breach of privacy, but i don't know what became of the lawsuit. anyway, here's the answer i got to the question:

Yes, in early 2018, the University of Montana decided not to renew the contract of women's soccer coach
Mark Plakorus after an investigation revealed he used a university-issued cellphone to text escort services during recruiting trips. The investigation was initiated following complaints from players regarding inappropriate, excessive, and late-night messaging.
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Whether he used the university's phone or his own, they will have access to all of his messages if it goes down that road.
 
right.right.right… said:
WRONG. About as well documented as Montana's interest in Tony Annese.

Partridge isn’t leaving the NFL you clown.
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Don’t bet the farm on that. I know a hi level Illinois booster who considers the coach a personal friend. Partridge was ready to accept the position after the Super Bowl but after Bobby retire Bilema decided to reach out and assess Bobby’s interest based on previous conversations. Talks did not get serious until Saturday, at which time Partridge was told they were moving in a different direction. That comes directly from Bilema as told to his friend.
 
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DayLaw said:
I have read it. I think you are clueless but I’d definitely love to litigate it against your so called 45 years of experience. I think it calls for arbitration anyways but still it’s an absurd notion you are putting forth. Most coaches would never have to pay a buyout to go to a better job they would just “retire”. Just not how it works.
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Sort of depends how many are actually state employees or employed the school. Retirement from a job is the key word. He was fully vested....
 
brewskis said:
Hauck did what he wanted to do…that’s not a crazy thing, people act in their own interests and I certainly don’t hold it against him. If I was offered an opportunity get a substantial raise and lessen my responsibilities I’d want to do that.

That being said, the university has a fiduciary responsibility to seek damages, if there’s grounds for it.
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The duty is owed to the university by those who run the U
DayLaw said:
Bet. You are missing the point on time left on that deal. His subjective intent doesn’t really matter what matters is what operationally happened.

An NFL example would be Rob Gronkowski, Marshawn Lynch and Brett Farve. All retired with time left on their contracts. Their rights still belonged to those teams when they unretired so compensation had to be exchanged for them to move to their new teams. Now of course that’s under a specific CBA but the principles are the same in scope of contract law.

Hey we disagree though that’s the legal world for you.
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Okay, bet. Your nfl player example is different. The teams do have the player tied up. You don’t understand employment contract law. Under NFL contract, the team explicitly retains rights to the player: “
  • NFL: Retirement typically terminates salary accrual; signing bonus proration remains as dead cap unless team pursues repayment (teams rarely reclaim past cash but can recoup bonuses in certain circumstances). A player who retires and later returns may need the team’s permission or to have his rights reinstated under the CBA (team often retains rights for the contract term).”
That type of provision is not in a coaching contract.
 
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