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Pflugrad's Next Step
- Thread starter CincyGriz
- Start date
BelierPeaux
Well-known member
No.
br fan said:
I don't think the above statement is correct. The recent settlement says what he will be paid, in return for his release of his claim. I see nothing that would permit a payment offset if he took a job before the payments end. In the new articles, it said he was settling so that he could move on. I assumed that meant, at least in part, that he intended to get another job. The settlement agreement is linked below.
http://www.ktvq.com/files/Signed%20Release.pdf" onclick="window.open(this.href);return false;
I agree with Player. The recent settlement will cut all ties between Pflu and the University for the stipulated consideration. Even without last weeks settlement, most of the original hire contracts for coaches contain clauses that call for an individual to forfeit funds owed under the contract when the individual leaves of their own volition. These clauses are there to protect the institution. As a quid pro quo, most of those contracts also contain a clause that would state that the institution owes monies promised to the individual should the institution initiate a termination of the contract. That is why Pflu had the legal standing he did. There are of course exceptions for things like gross misconduct or dereliction of duties. None of these would apply based on the published reason for non-renewal of Pflu's contract.
Since it was the University that initiated the termination/non-renewal I believe they would have owed that money to Pflugrad regardless of his accepting another position. The recent settlement just makes it that much more tidy and probably,in the long run, actually saved the University some money.
Since it was the University that initiated the termination/non-renewal I believe they would have owed that money to Pflugrad regardless of his accepting another position. The recent settlement just makes it that much more tidy and probably,in the long run, actually saved the University some money.
BigPawzSharpClawz
Well-known member
Gaeilge1 said:
Pflu gets his money regardless. It is "settlement" money and be assured the University didnt pay him a penny more then he had legal right too. He'll have a full time opportunity as OC or QB coach somewhere. The man knows his Xs & Os...
Heard a while back that he and JL Smith pf Arkansas were talking. Havn't heard more, so I guess it did not pan out.
PlayerRep said:
I'm sure I am correct under the terms of the settlement agreement. It provides Pflu will receive "payment of employee benefits to December 31, 2012," which includes monthly contributions to MUS for health benefits. This is actually quite similar to the settlement agreement between Ravalli County and deputy county attorney that was in the news a few months ago. Governmental health plans are quite clear; the only way Pflu can continue to receive health benefits through the end of the year is if he remains a UM employee through the end of the year. In this regard, UM lacks the authority to grant employee benefits to a non-employee. Pflu could have been paid a certain amount in lieu of remaining on UM's health and other benefits plans through the end of year, but that is not what they did.
br fan said:
Nope, you are not correct. Also, as pointed out, health insurance can be provided by a former employer in various of ways, including through Cobra. The university is obligated to "pay employee benefits" through the end of the year. He is not obligated to remain an employee. By the way, many health insurance plans allow for retirement employees to remain covered under the plans in certain circumstances.
grizcountry420
Well-known member
If i was Pflu and just sitting around and had that kind of money coming in, i would become a ganja farmer....
PlayerRep said:
Sorry to tell to you but I am correct. Yes, retired employees can remain covered but Pflu is not retired. Yes, a former employee can continue health insurance through COBRA, but that is not what we have here; UM is making the monthly contribution (not Pflu) to MUS and UM cannot do so for a non-employee. Monthly contributions are being made to his retirement plan, and those contributions cannot be made if he is not an employee (like COBRA, they could make a monthly contribution to an IRA, but not to PERS or whatever they call it).
As I noted above, the parties could have agreed that Pflu would be cashed out and he went his own way. However, they agreed that Pflu would continue to receive employee benefits to the end of the year, and the only way he can receive employee benefits is if he remains an employee.
My take on Pflu's exit is that he was paid cash due in lump sum and allowed to remain in the health plan. If he takes another job his cash isn't at risk as it has already been paid and presumably the new employer has health insurance. This is based on reading the mutual release and br's post above. I could be wrong, but this is a scenario that seems to be consistent with the facts.
When Earl Bruce became head coach at CSU he was paid zero for a number of months to ensure the termination dollars from Ohio State continued without clawback. Once the termination payments ended CSU paid him a lump sum about equal to what he would have earned during the 'zero period;. A clever way to double dip, if you ask me.
When Earl Bruce became head coach at CSU he was paid zero for a number of months to ensure the termination dollars from Ohio State continued without clawback. Once the termination payments ended CSU paid him a lump sum about equal to what he would have earned during the 'zero period;. A clever way to double dip, if you ask me.
