Contract Renewal

[cclarkblues]

I was not aware that Pflugrads contract ran until Dec. 31st, 2012 and O'Day's runs until June 30th. Since Robin was supposed to coach through this next season, it sure looks like a firing to me regardless of what folks want to call it.

http://www.grizcentral.com/

Latest Update UM gives no legal explanation for dismissals

03/30/2012 05:47 PM by Breanna Roy (KPAX News)

MISSOULA - Two hefty contracts University of Montana President Royce Engstrom decided he will not renew: Athletics Director Jim O'Day's $124,225 contract set to expire on June 30, 2012 and head football coach Robin Pflugrad's $155,000 contract, with multiple bonuses, set to expire Dec. 31, 2012.

With months remaining on the contracts, The University of Montana's legal counsel will not say whether the school will keep paying. Meanwhile Milt Datsopoulos of Datsopoulos MacDonald & Lind, the law firm representing Pflugrad, says his client did not receive a legal explanation of his dismissal.

"Based on my conversations with Pflugrad, they were not given any specific reasons for being told that they were no longer going to be the coaches," Datsopoulos said. "I don't know if they were terminated or just told that the university didn't intend to utilize them as coaches. We don't know if the university intends to keep payin' 'em or not keep payin' 'em."

In addition to his contract that ends this December, Pflugrad said he had agreed to another three-year-contract that Jim O'Day offered him earlier this year: a contract he says he used heavily in recruiting.

"I was working under all that premise when we talked to the recruits, when we were in their family homes with their mother and father - you know, they wanted to know who would be coaching at The University of Montana."

In fact, he says he hired three new coaches under the premises of that new contract: two from out-of-state who already moved to Montana.

"I reassured them that I had at least three years, I would like to stay here as long as I could," Pflugrad said.

Datsopoulos said, so far, the University provided no legal basis for the decision, but told his client that UM's legal counsel would be contacting him with more specifics soon. Pflugrad received no more information thus far.

"The University's decision-making process to date is very confusing and puzzling," Datsopoulos said. "And we don't know what they're thinking and what their basis is, but we're going to insist that they abide by the contracts that they told our client that he could rely on and which he has relied on to his detriment."

The University of Montana's legal counsel won't provide the public with specifics either, which he says is well within the university's legal rights.

O'Day retained Billings law firm Edwards, Frickle and Culver to advise him. That's the same law firm that represented ousted Montana State Football Coach Mike Kramer, who later settled for $240,000

 

[Twincitysgriz]

Hmmm, So in Pflu's case there was an offer and acceptance of a new contract. Does that make it binding even if the contract wasn't official yet?

 

[tnt]

Milt is doing what lawyers do. Its his job. The train left the station in December when the independent investigation started. Two were allowed to retire, but if any believes that the legal ramifications of the contract non-renewals (or fireings -same thing) and a price tag applied, think again.

A Title IX action and defense with the ultimate fines could make the firings a bargain. Add to that NCAA sanctions, along with loss of reputation makes it small change. I know the big athletic boosters have the impression they are big players, but they are not. The quiet money is what draws notice a few million here and there for research even the smaller 100,000 consulting project coming to the business school on a regular basis adds up.

Everyone points to the 240,000 settlement Krammer got. Considering it was not for unlawful discharge, but rather slander, one would have to consider it a win for MSU (and Krammers lawyer) It wasn't much more than cost of defense. Obviously Krammers reputation wasn't worth much. His next stop in his career would have been a multimillion contract ( even at a Wyoming)

 

[billings_poke]

Sounds to me like the lawyers are in there as Oday and Pflue try to get paid the remaining due on their contracts more then anything else. UM may have to pay that and honor the reaming base deal. Sound more like a negotiation over whats due to them then a Kramer type lawsuit for slander. If UM keeps its move shut the Lawsuit may never happen and they just haggle over the value of the timel left on the contracts. That would probably be best case scenario for all involved frankly.

 

[bigtyme]

This is what I have been asking since the firing and I would imagine the reason that so many in Missoula are livid! The so-called leader of this university has lost a lot of clout when it comes to being able to run an institution. I would not expect him to be there long.

 

[doebrmn]

Based on this published report it appears the only thing UM will owe is the remaining amounts on the contract. Depending on the language, Phlu could argue that he lost out on some bonuses that may have come due on his contract depending on how the 2012 season went, but that will likely depend on other language in the contract. While there may be a reliance argument on a new contract, I think the argument that he told players and asst. coach prospects he intended to be around is weak. Even assuming he can show that UM promised him a new deal which he already agreed to take (which in and of itself is difficult, otherwise why wouldn't the new deal already been signed), that would only mean UM was obligated to pay him for three years, the contract does not guarantee he would be the football coach. College coaches are let go all the time with years remaining on their contracts. As long as they get paid what is due, there is no justifiable argument that they relied on being the coach for the remaining period. Given the nature of college football, such reliance would not be reasonable. As for O'Day, the argument is going to be even more difficult. His contract was up in June. Again, unless he or Phlu can show they passed on some other economic opportunity because of a promise of a new contract, I simply don't see a reliance argument.