re: So if Kelly has not been fired nor suspended..

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LSU would be well within its rights and would in fact be GENEROUS to try to negotiate a reduced lump sum settlement despite having the ability to fire for cause.

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1. Wanting to fire for cause and actually having cause to do so are 2 different things. And we’ve seen nothing thus far to suggest that LSU had real legal justification to fire with cause. Obviously that doesn’t mean the don’t, we just haven’t seen it yet.

2. There is a process to fire for cause and it doesn’t seem that Woody, representing LSU in his official capacity as AD followed that process. If indeed they wanted to fire him for cause.

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If i were lsu, I'd send him a letter asking why he vacated his post without a formal letter of termination.

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I guess this is the main point I’m asking about.

If Woody as AD and BKs boss told him he was fired immediately, then it would seem like it was an LSU frick up and Kelly’s termination was in violation of the contract stipulations.

If your boss tells you that you are fired, get your personal items out of the office and eliminated your access to the building….are you supposed to keep showing up until you get a letter in the mail

Woodward’s actions and public words clearly indicated that Kelly was terminated immediately. If all of that was not in line with the contract, it seems to put LSU and the state in a difficult position to defend.

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Like I said before, the reported offer is fair for a man that wants to work.

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Fair if he has a job lined up. Far from fair in terms of the present value of the buyout (would be roughly 50 million). If I were Kelly, I would feel like my brand was damaged and want more than 30 million.

Actually, no, I wouldn't, just give me the 30 mil

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LSU did not fire Kelly. The LSU statement uses the word "separation".

A firing would be a termination.

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No.


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

The present value of the buyout is about $45m. Arguably a tad less. And that’s just the income stream of $800k/mo til 2031.

And that doesn’t include removing mitigation, which is worth something as well. Harder to calculate exactly how much that it is worth, but the main point is it’s certainly worth something.

An appropriate lump sum buyout amount removing mitigation is about $30-$38m.

Under no circumstances will LSU pay BK a lump sum of over $40m. It has no contractual or practical incentive to do so. LSU is better off just paying the $800k/mo per the contract and waiting on Kelly to get impatient, which he inevitably will. Hell, He’s already appearing to get impatient only 3 weeks in.

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If i were lsu, I'd send him a letter asking why he vacated his post without a formal letter of termination.

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That would be incredibly dumb but whatever lmao

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So if Kelly has not been fired nor suspended..

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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:

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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.

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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.

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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.

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LSU, however, has already announced that Kelly was terminated:

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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.”

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LINK

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present value of the buyout (would be roughly 50 million

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I think it would be lower than that, likely between $40-45M (6-10% discount), which gives an implicit value of ~$15M for the mitigation. A HNW guy like Brian, you could argue has a lower rate than that, so its between $40-$50M.

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Fair if he has a job lined up.

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I say fair if he wants to work. The amount he needs to earn to break even is $15M. If Brian can't make $15M in the next 6 years coaching football, he simply does not want to work. Even if the PV was $50M, he could make $20M in that time frame as well. He could take virtually any HC job and make more than that, and actually has a current contractual duty to try.

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If I were Kelly, I would feel like my brand was damaged and want more than 30 million.

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Well if he thinks his brand is damaged, he probably should avoid being terminated for cause.

The offer LSU made is pretty fair, he should have taken it.

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Because they know it will be litigated and likely go to trial. If they pull that card, Brian gets nothing.

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Or, Brian wins, and lsu has to pay other damages as well.

Anyone who believes lsu has the upper hand here has a level of confidence that does not seem warranted, given the people in charge right now.

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Or, Brian wins, and lsu has to pay other damages as well.

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Ok I thought we were operating under the assumption that LSU had support they were confident in to move forward with termination for cause. you asked "why are they negotiating if they have what they need for cause?" so I provided an explanation for that

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Anyone who believes lsu has the upper hand here has a level of confidence that does not seem warranted, given the people in charge right now.

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I'm not sure anyone is saying that. People keep asking questions about what is going on, others like myself are trying to provide answers and fill in gaps so that it at least makes sense. Let's try to stay on track.