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re: Lawsuit is NOT about a breach of contract and NOT for damages (money)

Posted on 11/11/25 at 2:11 pm to
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
87689 posts
Posted on 11/11/25 at 2:11 pm to
quote:

Based on Brian Kelly’s 2021 employment contract with LSU, the head coach would indeed be in violation if he refused to dismiss an assistant coach after being instructed to do so by the athletic director.


Textbook insubordination.
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:12 pm to
quote:


So options does LSU have in regards to their response?


It depends on what was actually discussed and written down. If this was in fact a mutual separation (Kelly was following or taking direction from leadership), the proper thing to do is renegotiate before termination. Kelly's only other option is to pay a buyout of his own, LSU can either pay the full buyout or none and get sued. LSU is demonstrating they are trying to meet in the middle, Kelly filed a lawsuit saying LSU ran out of time....
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
22143 posts
Posted on 11/11/25 at 2:15 pm to
quote:

You think LSU can fire it's head coach with cause because the AD asked the HC to fire the OC in the middle of the season because the offense sucks? Do you realize the implications that would have on attracting future head coaches?


No bro you don't get it, LSU is still the #1 job in the country. Lane Kiffin would crawl through broken glass for a chance to coach at a school where the AD can fire you with cause for not firing your OC mid season (while also demanding you don't fire your OL coach because they're buddies).
Posted by bstew3006
318
Member since Dec 2007
13006 posts
Posted on 11/11/25 at 2:15 pm to
quote:

You think LSU can fire it's head coach with cause because the AD asked the HC to fire the OC in the middle of the season because the offense sucks? Do you realize the implications that would have on attracting future head coaches?


I get your position. But that’s easily addressed with future coaches by the language in contract to have full autonomy with staff when it comes to performance. AD can still have a moral cause for staff.
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:15 pm to
quote:


You think LSU can fire it's head coach with cause because the AD asked the HC to fire the OC in the middle of the season because the offense sucks? Do you realize the implications that would have on attracting future head coaches?


Which is why they are trying to negotiate. It didn't work out they want to move on, but if Kelly doesn't play ball, that's their recourse.

If it can be demonstrated that this didn't come out of nowhere (asked him to do it during the offseason and he refused), then LSU needs to decide how big of a problem it would be to go all in.

Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:17 pm to
quote:

Why did Kelly say in his email he was open to a settlement....then all of a sudden wasn't? Why didn't LSU step through the door Kelly opened, and negotiate?


Was he ever open to a settlement? Did he counter-offer?

Posted by Havoc
Member since Nov 2015
37785 posts
Posted on 11/11/25 at 2:17 pm to
quote:

You think LSU can fire it's head coach with cause because the AD asked the HC to fire the OC in the middle of the season because the offense sucks? Do you realize the implications that would have on attracting future head coaches?

I don’t know.
Future coaches could negotiate around that language.
Posted by Ingeniero
Baton Rouge
Member since Dec 2013
22143 posts
Posted on 11/11/25 at 2:19 pm to
quote:

quote:

Based on Brian Kelly’s 2021 employment contract with LSU, the head coach would indeed be in violation if he refused to dismiss an assistant coach after being instructed to do so by the athletic director.



Textbook insubordination.


Like UpToPar said, this would be a great example of winning the battle but losing the war. No coach worth mentioning would ever go to a school where you can be fired for not letting your AD have full control of your decisions. What if the AD is buddy buddy with a player's dad and he wants playing time? You gambling your buyout that he won't fire you for not putting Junior in the game?
Posted by deathvalleytiger10
Member since Sep 2009
9076 posts
Posted on 11/11/25 at 2:24 pm to
quote:

I wonder if LSU is possibly using Kelly’s refusal to fire Sloane as a ground for firing for cause?


Can someone link media reports to this? It is constantly stated here but I have yet to find a credible media outlet to report that Kelly refused to fire Sloan.

In fact, the only think I find is the opposite, he wanted Sloane and Davis fired and Woodward fought for Davis to stay.
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:26 pm to
quote:

No bro you don't get it, LSU is still the #1 job in the country. Lane Kiffin would crawl through broken glass for a chance to coach at a school where the AD can fire you with cause for not firing your OC mid season (while also demanding you don't fire your OL coach because they're buddies).


Honest question, do you think the fallout of this is more damaging to LSU than potentially using the buyout money for the next coach? That seems to be LSU's decision at the moment.

IMO, the damage has been done already with the lawsuit. Most people will not read past the headline, this board is filled with "just pay the man! that was the deal!" And that's LSU fans, nationally people will give this even less thought.

Also at this point, this

quote:

(while also demanding you don't fire your OL coach because they're buddies)


Is not very productive. All we know is Sloane was fired, so we know LSU wanted him fired. Speculation about Davis only muddies the waters. There should be no assumption that he is safe beyond the next few games. And it is very possible that Sloane was fired specifically because of the refusal, so they could point to it as cause, but still trying to keep some coaches on the staff so they can finish the season.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22872 posts
Posted on 11/11/25 at 2:30 pm to
quote:

Based on Brian Kelly’s 2021 employment contract with LSU, the head coach would indeed be in violation if he refused to dismiss an assistant coach after being instructed to do so by the athletic director.


By an AD that LSU has now taken the position did not have the authority to fire BK. You can't make this up.
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:31 pm to
quote:

Like UpToPar said, this would be a great example of winning the battle but losing the war.


LSU has tried to negotiate so they wouldn't have to go there.

quote:

No coach worth mentioning would ever go to a school where you can be fired for not letting your AD have full control of your decisions. What if the AD is buddy buddy with a player's dad and he wants playing time? You gambling your buyout that he won't fire you for not putting Junior in the game?


It's not like we magically wound up here. No coach worth considering wouldn't be able to see that and negotiate accordingly
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22872 posts
Posted on 11/11/25 at 2:33 pm to
You may actually have a point if Woodward had followed the terms of the contract and notified BK that by not firing Sloan he was in active breach and giving him an opportunity to cure. But he didn't.
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:35 pm to
quote:


Can someone link media reports to this? It is constantly stated here but I have yet to find a credible media outlet to report that Kelly refused to fire Sloan.

In fact, the only think I find is the opposite, he wanted Sloane and Davis fired and Woodward fought for Davis to stay.


Its all just speculation. Kelly said LSU threatened to fire him for cause so he invited it. But Sloane was indeed fired, so we know LSU wanted him gone

And if the last part is true, what else are you supposed to do with that employee refusing to cooperate? Like how do you suppose that conversation went that didn't lead to a fireable offense?
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:38 pm to
quote:

By an AD that LSU has now taken the position did not have the authority to fire BK


Have they taken that position? Or did Kelly's lawsuit take that position?

Either way, per the Contract, the LSU President has the explicit authority to terminate with cause. And per the contract, not performing the duties assigned by the AD can result in contract termination with cause.
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:41 pm to
quote:


You may actually have a point if Woodward had followed the terms of the contract and notified BK that by not firing Sloan he was in active breach and giving him an opportunity to cure. But he didn't.


Do we know that he didn't? I would be pretty shocked if it ere the first time they talked about it. Kelly didn't seem very shocked to be fired.
Posted by UpToPar
Baton Rouge
Member since Sep 2008
22872 posts
Posted on 11/11/25 at 2:43 pm to
quote:

Either way, per the Contract, the LSU President has the explicit authority to terminate with cause.


With written notice to the employee and a 7 day period to cure the cause for termination. When did Woodward demand that Sloan be fired? When did the LSU President (interim president at the time) provide written notice to BK that he was being fired with cause? When was BK actually fired?

Again, your position could have theoretically worked had LSU taken this position from the jump, but it's clear that LSU is now throwing shite at the wall in hopes that something might stick. As suspected, this was all done without much diligence.
Posted by Hamma1122
Member since Sep 2016
21956 posts
Posted on 11/11/25 at 2:45 pm to
Stupidity is real today!
Posted by Pikes Peak Tiger
Colorado Springs
Member since Jun 2023
9510 posts
Posted on 11/11/25 at 2:47 pm to
quote:

Honest question, do you think the fallout of this is more damaging to LSU than potentially using the buyout money for the next coach?


I may very well be. Seems like an unnecessary gamble of LSU’s part.
Posted by OceanMan
Member since Mar 2010
22817 posts
Posted on 11/11/25 at 2:49 pm to
quote:

When did Woodward demand that Sloan be fired? When did the LSU President (interim president at the time) provide written notice to BK that he was being fired with cause? When was BK actually fired?


These are all questions that if we had the answers to, we wouldn't be having this conversation.

quote:

With written notice to the employee and a 7 day period to cure the cause for termination.


Was the cause curable?

quote:

Again, your position could have theoretically worked had LSU taken this position from the jump,.


By entering into negotiations (and not formally terminating with notice), it could be argues that it is the position they have taken from the beginning.

quote:

, but it's clear that LSU is now throwing shite at the wall in hopes that something might stick. As suspected, this was all done without much diligence.


Let's keep this straight - Kelly filed a lawsuit alleging this, as far as we know LSU has presented reasonable offers that Kelly said in writing he was open to.
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