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re: The concept of contract renegotiations baffles me

Posted on 11/28/12 at 11:36 am to
Posted by Jim Rockford
Member since May 2011
104285 posts
Posted on 11/28/12 at 11:36 am to
quote:

I would feel like I've got a signed contract and maybe I should negotiate new terms after the contract expires. That's the point of the contract.


That's a naive way of looking at it. Your employer will break the contract with a quickness if it's to their advantage. You'd better be willing to do the same.
Posted by Broke
AKA Buttercup
Member since Sep 2006
65350 posts
Posted on 11/28/12 at 1:17 pm to
quote:

That's a naive way of looking at it.


I'm sure it's an antiquated way of looking at it.

quote:

Your employer will break the contract with a quickness if it's to their advantage. You'd better be willing to do the same.


No they won't. Or I will sue their arse for breach of contract.
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33887 posts
Posted on 11/28/12 at 1:20 pm to
Contracts are a formality. They can be ended by either side at any time. Coaches have every right to ask for what they want at any time they want, and the employers have the right to either approve or deny that request.
This post was edited on 11/28/12 at 1:21 pm
Posted by catholictigerfan
Member since Oct 2009
59597 posts
Posted on 11/28/12 at 1:23 pm to
does this contract renegotiations thing only happen in sports or does this sometimes happen in the real world.

do companies try to steal a guy from another company even though he may have a multi year contract with that guy.

if not why is it allowed to happen in sports.
Posted by Broke
AKA Buttercup
Member since Sep 2006
65350 posts
Posted on 11/28/12 at 1:24 pm to
quote:

Contracts are a formality


Yeah, a binding fricking contract. With very enforceable terms.

quote:

Coaches have every right to ask for what they want at any time they want, and the employers have the right to either approve or deny that request.


No they don't. They already agreed to something when they signed the contract. If they want more money, they need a new contract. The school doesn't have to do that.
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33282 posts
Posted on 11/28/12 at 1:25 pm to
You ever heard of buyouts, bro?
Posted by Broke
AKA Buttercup
Member since Sep 2006
65350 posts
Posted on 11/28/12 at 1:28 pm to
quote:

You ever heard of buyouts, bro?


Yes and it's part of the contract. I'm just saying it's bullshite that we can't honor a commitment for 3, 4, 5 years. That's just crazy. I guess I look at it from the business angle.
Posted by charate
New Orleans
Member since Feb 2012
195 posts
Posted on 11/28/12 at 1:28 pm to
quote:

Didn't LSU and Les Miles agree on a contract? Shouldn't that contract be abided by on both parts? The same goes for players (professional). They have a good year and want to renegotiate their contract. They have a bad year and "HEY WE HAVE A CONTRACT! Pay me my money". This is really something that has puzzled me for years. Just abide by the contract that you signed.


i missed the milkman. Can you give him 15 cents for me?

Dude this isnt 1957. The reality of today is contracts are always fluid. Courts exist and buyouts exist. There is recourse when people breach a contract.

ANd u dont just play out your contract bc then the player/coach is a free agent with an ability to go to the highest bidder. Renegotiations exist to limit the market and drive down the price.
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33282 posts
Posted on 11/28/12 at 1:31 pm to
No doubt. From an ethical perspective, it aggravates me when coaches don't honor their contracts, but there are several clauses within their contracts that allow some flexibility and some wiggle room as well. And as you know, a breach gives way to reparations, either out of pocket or by the new employer (school).
Posted by Broke
AKA Buttercup
Member since Sep 2006
65350 posts
Posted on 11/28/12 at 1:32 pm to
quote:

ANd u dont just play out your contract bc then the player/coach is a free agent with an ability to go to the highest bidder.


And this is good for the player/coach right?
Posted by charate
New Orleans
Member since Feb 2012
195 posts
Posted on 11/28/12 at 1:33 pm to
if the production is the same or higher, but if the production goes own then playing out the contract uis better for the employer. everything has two sides.
Posted by Broke
AKA Buttercup
Member since Sep 2006
65350 posts
Posted on 11/28/12 at 1:38 pm to
quote:

if the production is the same or higher, but if the production goes own then playing out the contract uis better for the employer. everything has two sides.


Exactly my point. One side will typically get the better end of the deal. You can't say that it's fluid. It's a binding contract signed by two parties. One agreeing to give services and one agreeing to give money.
Posted by Scoob
Near Exxon
Member since Jun 2009
22844 posts
Posted on 11/28/12 at 1:41 pm to
quote:

Yes and it's part of the contract. I'm just saying it's bullshite that we can't honor a commitment for 3, 4, 5 years. That's just crazy. I guess I look at it from the business angle.

Try looking at it from the business angle, then, as you state.

College football is not regulated the same as other businesses, say like the NFL. What Arkansas (and others) propose would be considered tampering, and the team would be punished for attempting such a thing, and the coach would not be allowed to take the job.

But that's not the business you're discussing. It's a different environment. The rules you would propose to live by, no one else would adhere to, and thus you are only limiting yourself. In to be honest, the top candidates for your position know the current rules, and know their options. if you want the sharpest guy, you should expect that he wants the best overall situation for himself, too. Otherwise, you should question whether he's really the guy you should want.
Posted by extremetigerfanatic
Member since Oct 2003
5851 posts
Posted on 11/28/12 at 1:43 pm to
I am amazed at the complete lack of understanding of contracts.

If a contract has a early buyout clause or even a penalty clause for early termination, as long as the clauses are fulfilled and recompense agreed to is provided THE CONTRACT IS FULFILLED. Just because it doesn't go the full length doesn't mean it was breached or broken. Most contracts have wording for every possible dissolution imagined.
Lawsuits are almost always the result of a side not wanting to abide by the dissolution clause that oversees the situation. Not because the contract was ended early.

If miles leaves and the buyout paid the contract is completed in full. It is completely "honored" so to speak.

Have any of you actually read the contracts you've signed?
Even if there is a so called "penalty" if it's paid the contract is fulfilled. The parties are square.

I don't see what's so hard to comprehend.
You understand that if you want to buy out of your AT&T cell contract to go to Verizon you pay the bill and move on. Did you fail to honor your AT&T contract?
Geez
Posted by brewhan davey
Audubon Place
Member since Sep 2010
33282 posts
Posted on 11/28/12 at 1:44 pm to
quote:

extremetigerfanatic


Exactly
This post was edited on 11/28/12 at 1:47 pm
Posted by charate
New Orleans
Member since Feb 2012
195 posts
Posted on 11/28/12 at 1:45 pm to
quote:

It's a binding contract signed by two parties. One agreeing to give services and one agreeing to give money.



Im sure webster would agree with you, but hes been dead a while.
Posted by Goldrush25
San Diego, CA
Member since Oct 2012
33887 posts
Posted on 11/28/12 at 1:48 pm to
quote:

No they don't. They already agreed to something when they signed the contract. If they want more money, they need a new contract. The school doesn't have to do that.


I never said the school had to do it. But Miles has the right to ask for whatever he wants, regardless of when he signed it. LSU doesn't have to give it to him but he can ask.

Having signed a contract 3 years ago doesn't mean that the employee can't revisit the terms of the contract if he feels conditions have changed such that he may feel as though he can get more money.
This post was edited on 11/28/12 at 1:50 pm
Posted by stapuffmarshy
lower 9
Member since Apr 2010
17507 posts
Posted on 11/28/12 at 1:50 pm to
so when the company I work for now came and said, hey we know you have a contract but we'll pay your exit fee and give you a raise



you think I should have said, no thanks, I have a contract already and shouldn't think about the next 3 years



well that settles it. folks are stupid
Posted by extremetigerfanatic
Member since Oct 2003
5851 posts
Posted on 11/28/12 at 1:50 pm to
Almost every single "binding contract" in the world has options to terminate early by either side.

It's still a part of the contract.

'tard as a word does not fully embrace the reality of this thread.
This post was edited on 11/28/12 at 1:52 pm
Posted by SBC
Member since Oct 2005
6886 posts
Posted on 11/28/12 at 1:51 pm to
It's called a free market. Fair market value includes the cost of breaking the contract. It is very simple economics and contract law.

Let's say I am going to buy your house for $500 and we sign a contract. Included in that contract is a clause that says you have to pay me $100 if you break the contract. Tomorrow a guy comes by and says I will pay you $1,000, plus any cost that you incur to break your previous contract. What would you do? If you aren't an idiot, you would come back to me and say pay me $1,000 or I walk. Got it?
This post was edited on 11/28/12 at 1:59 pm
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