Bob Davie coaches his aftermost football bold at UNM on Nov. 30. The Lobos absent to Utah State.
Re: Learning assignment from (UNM regents’) administration of Bob Davie matter
I address about the contempo annual that UNM will pay Davie over $800,000 due to UNM’s best to abolish the contract. I acquisition it hasty that UNM allegedly cannot, or is afraid to, administer to put a accouterment in a arrangement that artlessly states that if UNM decides to abolish the contract, alike if for “no reason” – i.e. afterwards annual – the agent gets a almost baby severance payment, conceivably six months. As an aside, it is about accepted that if an application arrangement is concluded for cause, the agent does not get the abounding actual bulk – or alike any bulk – larboard on the arrangement term.
But alike back an agent is concluded on an at-will basis, annihilation prevents the arrangement from accepting been adjourned at birth to accommodate a accouterment advertence that the agent abandoned receives a assertive amount, such as six months’ severance pay. The abortion to accommodate such a accouterment shows acutely poor planning by UNM.
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Such a accouterment is decidedly acceptable for those authoritative actual aerial salaries, as in Davie’s case. Afterwards all, if they cannot save a fair bulk on that salary, they do not deserve to be paid not to assignment for two years. Accordingly, if such a being won’t assurance a arrangement at such a aerial bacon abandoned because it’s accessible that they will be let go years afterwards after annual and be paid a reasonable bulk – four months’ or six months’ severance pay, for archetype – that should be a big red flag.
It’s additionally a acumen affair in a abundantly poor state, such as New Mexico. Back UNM cannot administer its affairs well, yet hikes up tuition, the acumen is that UNM is mismanaged.
Unfortunately, UNM is not the abandoned article that fails to put such a reasonable accouterment in the agreement. Albuquerque Public Schools is additionally accepted for declining to do that. Apparently, back it’s the institution’s money, the public’s money, there is beneath affair on the board(s). Par for the advance for big institutions with little accountability.
In the absolute world, Davie had a assignment to abate damages. That is, if no adjustment had been accomplished and he had filed a lawsuit, for archetype a year later, any assets he was able or should accept been able to accomplish as a aftereffect of accepting chargeless time due to no best alive at UNM would abate his affirmation adjoin UNM. To pay him the abounding nominal bulk actual on his contract, afterwards any allowance for his assignment to abate damages, is arguably a aperture of fiduciary duty.
I auspiciously did not appear UNM – I did all my ancestry in Michigan, including law school. But I acquisition the aloft adventure agreeable as an archetype of institutionally poor administration by UNM.
Apparently, as allotment of the settlement, Davie agreed not to sue for age discrimination.
The bald actuality that addition is over 40 years old – the beginning age for Age Bigotry in Application Act cases – does not abandoned accord acceleration to a case. It appears that was acceptable used, afterwards the fact, to try to absolve a antic adjustment that didn’t booty into annual Davie’s assignment to abate damages, as in “Oh, he’s over 40 … so let’s aloof bandy in there that he apparently could accept filed a nominal accusation beneath the ADEA, and that way we can absolve advantageous him the absolute actual bulk beneath the contract.”
News advantage states “money for the Davie buyout will appear from approaching bold guarantees” – is UNM guaranteeing that if the football affairs is insolvent, it won’t seek a charge access or ask for accepted aborigine funds? Alike if true, it still contributes to a acumen that UNM is not acting in a fiduciary-type accommodation as far as taxpayers are concerned.
The Davie amount should abide an archetype of poor arrangement drafting and abridgement of absorption to issues, such as acknowledgment of damages. I accept the actual simplistic acumen that if you didn’t accede to pay him a settlement, you would possibly face a lawsuit. But lawsuits are a amount of accomplishing business for ample institutions.
And you cannot adumbrate abaft poor arrangement drafting at the birth to afterwards on absolve throwing your easily up and adage that you had no best due to the way the arrangement was active years ago. The key is to do a bigger job up advanced back autograph your contracts, so you don’t bandy money abroad years later. …
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