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by zultr » Sat Mar 25, 2017 9:52 am
As noted, we haven't seen the MOU language so whether it constitutes a contract is an open question, but this stuff about the resignation never being filed sounds fishy. If true, he must never have been on board and was hedging his bets - but if that were the case, why would he go overboard with all the Tweets? I also thought I saw something from Winthrop wishing Kelsey good luck like he was already out the door. If the thing about the resignation is not true, Winthrop is trying to avoid being on the hook for the buyout since he technically didn't take a new job. If that's the case, it would be hard to access any documents to prove it since the parties involved have a vested interest in keeping their mouths shut. However, Winthrop is apparently a public school - I would assume that means it's subject to any South Carolina public records law. They could still say the resignation letter didn't exist, but they'd be violating the law by doing so if he really did resign. That may provide at least some leverage, especially if there's a records officer on the payroll that doesn't want to lose his job by being complicit.
If I'm UMass, I wait a couple of weeks before doing anything regarding the MOU (particularly until after tonight's Xavier game) to see how things play out. At the least, I'd hold him captive at Winthrop for 2 years and I'd try to get at least a fraction of a payment to cover the wasted time - say $50k (if they amend the MOU - assuming it's a valid contract to begin with - they'll need additional consideration to make it binding anyway). If he ends up at Xavier in a week due to "personal reasons," tell the Xavier AD who to make the check out to.
Oh, and lesson learned: in the future, maybe make sure the guy submits a letter of resignation to his last employer before calling for the band and blowing up the balloons.
Edited to add: depending on the strength of the MOU, UMass could also consider getting an injunction that would personally enjoin Kelsey from coaching anywhere - including Winthrop; that would eliminate the cute "he didn't resign" issue and provide the impetus to settle on a figure more to UMass' liking. It doesn't need to be a lock solid winning argument, just one that would be expensive for Kelsey and Winthrop to litigate.
Last edited by
zultr on Sat Mar 25, 2017 10:07 am, edited 3 times in total.
