Matt, question on "no SEC" non competes for assistants

I know this point will become moot soon, but let me ask anyway…what if a current assistant that had a clause in their contract prohibiting them from taking a position with another SEC school was approached and hired by Texas or Oklahoma next month? The issue is, does the fact that they have accepted invitations to join the SEC factor into the non-compete in any way?

Just curious if and when that might come into play.

I’m sure many will have opinions on this - I do too. But that’s not what I’m asking for. I’m really trying to get at what the contracts actually say, and do or do not prohibit in this specific and unusual situation.

Would Texas or Oklahoma play a SEC schedule next fall rather than Big 12? I assume your focus is on football contracts. Being hired in February would matter only if they were actually playing in SEC is my take.

Good question.

There are no mentions to incoming SEC teams in those sections. As long as those teams compete in different conferences, I don’t think the no-compete clause would be applicable to them. Attorneys might obviously have differing opinions.

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I read something the other day that the Federal Trade Commission is considering a ban on non-compete clauses in general, deeming them anticompetitive. I’m sure that’s aimed at tech businesses rather than college football but it could wind up affecting it anyway.

Man, it would be surprising if that happened. There are infinite types of businesses which depend upon noncompete agreements, properly drafted and properly limited in scope and duration, that it would be a negative if they were disallowed completely. You cannot pay somebody for his or her business, and then give him or her carte blanche to turn around and open an identical type of business with the same customers (especially in sales intensive businesses). All of a sudden, what you’ve paid for is worthless. That should not be able to occur.

AP story on the subject: