Is Les Miles' contract clause which requires a 1.25M payment if he were to become head coach at UM lawful?

Question

I am interested in the opinions of others' as to whether Les Miles' contract with LSU, which enforces payment of a penalty to LSU upon acceptance of a position at UM is lawful or not.

In Les Miles' contract with LSU, there is a specific exemption which says that if he leaves LSU for UM (and only UM) that he must pay a 1.25 million dollar penalty to LSU.

If it is lawful, why? Conversely if it isn't, why?

I haven't seen this question asked anywhere in the media yet and was curious. Thanks for your thoughts.

I can't really endorse any of these answers because they're all wrong, more or less. Further research and discussion with my fiance who is a 2L has led me to discovery numerous ways in which a contract (or parts of a contract) could be voided.

If a non-compete causes an unreasonable restriction on a person's right to earn a living, then the clause is voidable because it violates public policy.

Interpretation varies widely from state to state, so it would be hard to tell how this may be played out in a courtroom, but the flat and simple answers below are clearly deficient and not worthy of any reward. They show a clear misunderstanding of the intricacies of contract law.

Answer 1

"If a non-compete causes an unreasonable restriction on a person's right to earn a living, then the clause is voidable because it violates public policy."

He could go to any other college, except UM, so that clause does NOT cause an unreasonable restriction on his right to earn a living and is enforceable, as a general rule.

Answer 2

I was listening to sports radio the other day, they were talking about Texas A&M hastily hiring Mike Sherman, and debating if it was the right thing, and if athletic programs should have a required number of interviews with other coaches specifically minority coaches(like the NFL)...............the resounding answer was no. Athletic programs set their own guidelines as far as coaching contracts go and are not prohibited in any way by the NCAA.

So whatever is Accepted as far as coaching contracts are concerned at University of Texas may not be so acceptable at lets sayyyyyy USC.........you get me?

So if Coach Miles signed that contract, then it IS legally binding,......but as you know , upon acceptance of that fat contract with Michigan dropping 1.25 mill wont be too big a hassle for old Les!

Answer 3

sure its lawful; unless one of the parties was forced at gunpoint to sign the contract. We have freedom to contract in America- neither side had to accept. When you go to buy a brand new car, do you just pull out your checkbook and pay the sticker price plus all taxes? No, you NEGOTIATE, then if both sides can agree, a sale is made!

Answer 4

Any amount demanded in an offer that is accepted through a formal document will be enforceable.