Saban (and Bama) about to get what they deserve? | FinHeaven - Miami Dolphins Forums

Saban (and Bama) about to get what they deserve?

SkapePhin

SkapePhin

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Just came across this on Digg.com?

Rumor has it (and it is common practice) that Saban had a 5-year non-compete clause in his LSU contract. If so, the LSU athletic foundation (TAF) has more than enough resources to take that to court if need-be. It will be interesting to see how all this pans out. If LSU wins that argument, then Bama will have yet another reason to hate us!

http://digg.com/football/Nick_Saban_agrees_to_contract_with_Alabama

Does anything know about Saban's contract with LSU? How funny would it be if he went through all of this and was sued for breaking a non-compete clause!?
 
Alabama and Nick Saban sound like a match made in heaven. If he polls in Alabama what he did in Miami he's gonna get linched.
 
Non-compete clauses are generally not well-liked but used a lot. however every state has a different position on it, and then you have the issue of one being in Louisiana, one in Alabama, then restraint of trade issues (i.e. preventing one from making a living).
 
If it weren't for what happened with Price, I'd suggest there is no way this could be true. Even if it is true, having a clause like that in a contract is one thing -- it being something that can be enforced is quite another. It's a complex area of law with lots of litigation from what I understand.
 
Oh. My. God.

PLEASE let this be true! Hahahaha it'd be the ultimate revenge!! I would NEVER stop laughing if he were stopped from coaching them, LOL! :sidelol:
 
Jimmy James said:
If it weren't for what happened with Price, I'd suggest there is no way this could be true. Even if it is true, having a clause like that in a contract is one thing -- it being something that can be enforced is quite another. It's a complex area of law with lots of litigation from what I understand.
Click to expand...
Yup. THey are illegal in california.

California Business and Professions Code 16600.
Except as provided in this chapter, every contract by which
anyone is restrained from engaging in a lawful profession, trade, or
business of any kind is to that extent void.
Click to expand...

This link:

http://www.meocpa.com/non-comp.html

Seems to state that a court ruled non-compete clauses to be null and void unless the person went into business for themselves. Legislature changed that, but there is a requirement that the clause be no longer than 2 years. THus, if the clause is for 2 years and 1 day, the clause itself is null and void immediately, even if a claim is brought within 2 years. Therefore, according to this site (IAAL but I am not going to research the actual statutes, I'm just going off this site) Saban SHOULD be in the clear. For one, if it was compliant it would only be for two years. Didn't Saban accept the dolphins job on Christmas 2004? Second, if it was for longer then two years it's automatically void.
 
Is one binding in Florida? I know I signed a non-compete clause in my contract at my current job, but I always wondered how they would uphold it..
 
SkapePhin said:
Is one binding in Florida? I know I signed a non-compete clause in my contract at my current job, but I always wondered how they would uphold it..
Click to expand...

I haven't the faintest idea about Florida law, but I can tell you that non-compete clauses tend to be more enforceable when they are narrow. A clause that says (as an employee of Coke) that you can't go work for the local Pepsi bottler for a year is more likely to be valid than one that says you can't work as a computer programmer anywhere within 500 miles for a decade.

Using that to analyze the Saban situation, I'd suggest that the rumored duration may be a problem because 5 years is a long time. The clause (if it exists) may specify just SEC schools, so it may be narrow in that regard. Since it's a contract, I'd assume Louisiana law would apply.
 
I think Florida is a state where non-compete clauses are presumed valid.
 
SkapePhin said:
Is one binding in Florida? I know I signed a non-compete clause in my contract at my current job, but I always wondered how they would uphold it..
Click to expand...


I hate to practice law on the Internet without a retainer:D , but "reasonable" non competes are valid in Florida. What is reasonable depends on the contract language compared to the controlling statute. If you want a firm opinion, take your contract to a lawyer.


Lloyd J Heilbrunn Esq.
 
here in canada... no compete clauses arent used very often because the courts usually side with the employee, not the employer, therefore causing the clause to be rendered useless. however where i work, we have different things in our contracts... the exact name of the term slips my mind right now. but generally speaking, once leaving our present company, and being employed somewhere else, for a certain time period we arent able to solicit our previous clients and "steal" them from our previous employer. kind of irrelevant i guess... but that seems to be the trend up here
 
PLEASE let this happen God, PLEASE. I know you're a busy man, but if you could just nudge LSU in the right direction, we would all really appreciate it. Thank you.
 
brandon27 said:
here in canada... no compete clauses arent used very often because the courts usually side with the employee, not the employer, therefore causing the clause to be rendered useless. however where i work, we have different things in our contracts... the exact name of the term slips my mind right now. but generally speaking, once leaving our present company, and being employed somewhere else, for a certain time period we arent able to solicit our previous clients and "steal" them from our previous employer. kind of irrelevant i guess... but that seems to be the trend up here
Click to expand...

It's my understanding that these sorts of agreements are almost always going to be enforced. The same goes for someone who starts and then sells a business -- let's say you run ambulances...you can't sell your busses and set up shop across the street a month later if the contract stipulates you will not compete with the business you're selling.

As always, consult a lawyer if you really have an issue. This is just light Internet banter about the news.
 
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