What Happens Now

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What happens Now

Ed Hervey is fired
0
No votes
Devone Claybrooks is fired
6
40%
Hervey & Claybrooks fired
0
No votes
Only assistant coaches fired
8
53%
Status Quo - no changes to management or coaching staff
1
7%
 
Total votes: 15
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Toppy Vann
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Re: What Happens Now

Paying out Rick Campbell over 5 years is interesting IF he had more time on his contract and if he chose to resign. Canadian court judgments require a person being paid out post termination to mitigate the loss. That means they must attempt to get new work in their field vs Greg Marshall some years back when he stated he wasn't looking for work. Most organizations don't go after those they terminate under this conditions but they will negotiate a final settlement when they fire without cause and don't provide notice and the person gets a new job.

There is no way a HC would take a demotion and stay in the organization unless it's there decision to step aside.

Maas like other coaches can only Win if they have the right pieces in place and their QB got hurt and top performers headed south, etc.


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maxlion
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Re: What Happens Now

Toppy Vann wrote: Mon Nov 04, 2019 10:07 pm Paying out Rick Campbell over 5 years is interesting IF he had more time on his contract and if he chose to resign. Canadian court judgments require a person being paid out post termination to mitigate the loss. That means they must attempt to get new work in their field vs Greg Marshall some years back when he stated he wasn't looking for work. Most organizations don't go after those they terminate under this conditions but they will negotiate a final settlement when they fire without cause and don't provide notice and the person gets a new job.
Probably no requirement to mitigate on a fixed term employment contract. Depends on what the contract says. I believe that the 5 year payout thing is just for the salary cap calculation.

Why would Redblacks pay him his salary when he resigned? That makes no sense to me. He must have been fired or perhaps there was some other agreement made between the parties. No way to say without knowing the details.


ziggy
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Re: What Happens Now

Apparently Claybrooks has been fired.


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Toppy Vann
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Re: What Happens Now

Toppy Vann wrote: Mon Nov 04, 2019 10:07 pm Paying out Rick Campbell over 5 years is interesting IF he had more time on his contract and if he chose to resign. Canadian court judgments require a person being paid out post termination to mitigate the loss. That means they must attempt to get new work in their field vs Greg Marshall some years back when he stated he wasn't looking for work. Most organizations don't go after those they terminate under this conditions but they will negotiate a final settlement when they fire without cause and don't provide notice and the person gets a new job.

There is no way a HC would take a demotion and stay in the organization unless it's there decision to step aside.

Maas like other coaches can only Win if they have the right pieces in place and their QB got hurt and top performers headed south, etc.
Yes, that is a valid question if a coach basically quits.

On the mitigation issue, I'm basing this on how Canadian courts deal with this issue. You are likely correct that a contract could conceivably say - if I'm fired, I'm owed the rest of the bundle even if I do nothing to find comparable work. Many do say how they'd be treated on termination without cause or lacking in notice and if the lawyer, did it, how they'd settle the balance if the person found a new gig.

But most organizations don't push the departed when they announce they're going to do nothing to get a new job for the next few years.


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Hambone
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Re: What Happens Now

maxlion wrote: Mon Nov 04, 2019 11:16 pm
Probably no requirement to mitigate on a fixed term employment contract. Depends on what the contract says. I believe that the 5 year payout thing is just for the salary cap calculation.

Why would Redblacks pay him his salary when he resigned? That makes no sense to me. He must have been fired or perhaps there was some other agreement made between the parties. No way to say without knowing the details.
Probably correct on the 5 year payout. It could be just a way for teams to amortize the payment for cap purposes. I believe the NHL has something similar for buying out contracts. They pay the player out per the CBA but still take a cap hit for the next few years even though they are no longer paying any compensation.

The report of Campbell's departure indicated they mutually agreed to him going which to me says he was neither fired nor quit. They just agreed that it was best for both parties if they parted ways.


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maxlion
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Re: What Happens Now

Toppy Vann wrote: Wed Nov 06, 2019 11:06 am
On the mitigation issue, I'm basing this on how Canadian courts deal with this issue. You are likely correct that a contract could conceivably say - if I'm fired, I'm owed the rest of the bundle even if I do nothing to find comparable work. Many do say how they'd be treated on termination without cause or lacking in notice and if the lawyer, did it, how they'd settle the balance if the person found a new gig.
I think that it is the other way around. If a fixed term contract does not state or imply a duty to mitigate, then there is no duty to mitigate. Likely most CFL coaching contracts do have early termination clauses that would imply such a duty.

In this case, though, it doesn't really matter because the Redblacks are paying Campbell even though Campbell is the one who apparently breached the contract.


maxlion
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Re: What Happens Now

Hambone wrote: Wed Nov 06, 2019 1:31 pm
maxlion wrote: Mon Nov 04, 2019 11:16 pm
Why would Redblacks pay him his salary when he resigned? That makes no sense to me. He must have been fired or perhaps there was some other agreement made between the parties. No way to say without knowing the details.
The report of Campbell's departure indicated they mutually agreed to him going which to me says he was neither fired nor quit. They just agreed that it was best for both parties if they parted ways.
It is still unusual that they would keep paying him, but I guess they figure he won't be out of work for long and they won't be on the hook for much if anything.


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