Brian Flores opted not to accept a settlement, forfeited buyout

Miami Dolphins v Tennessee Titans
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The Brian Flores lawsuit has sparked an unexpected skirmish regarding whether the Miami Dolphins did or didn’t try to silence him.

Flores told Bryant Gumbel that the three-year head coach left a “lot” of money on the table by declining to sign a document that would have “silenced” him. The Dolphins issued a statement specifically denying that team owner Stephen Ross presented Flores with a non-disclosure agreement and spoke to Flores about it.

In response, the lawyers representing Flores posted the documents that Flores opted not to sign. The materials show that Flores specifically waived his buyout by not signing the documents that would have required him to forfeit any legal claims.

Another portion of the documents posted appears to be the standard non-disparagement clause from the head-coaching contract. Flores would have been bound by that term, if he has accepted a buyout.

Thus, even if Ross wasn’t specifically involved in the communications regarding what Flores could and couldn’t say or do (oligarchy, after all, has its privileges), someone apparently was.

Flores ultimately chose the ability to sue and to speak over the standard buyout that coaches who have time left on their contracts receive. Whatever the label the team tries to apply to his decision, the fact remains that his buyout was contingent on not pursuing litigation and otherwise not speaking his mind about the things he believed happened while he worked for the team.

71 responses to “Brian Flores opted not to accept a settlement, forfeited buyout

  1. Seems like a piece of information is missing here. It’s not like Flores’ contract had a rider that said if he doesn’t sign an NDA upon termination he won’t receive the balance of his gauranteed salary. No one would sign that. So if Flores turned down a buyout (not sure what that means but sounds like a lump sum settlement) does he still get the remainder of his contract over time?

  2. He opted against accepting a decent Buyout because he was already planning on suing. The NFL ends up paying everyone off in the end and he knew his day would come in court so it’s a little less than honest to say he left a lot of money on the table. He seems like a pretty vindictive guy.

  3. Wouldn’t the fact that Flores did not sign this document be an indication to the Dolphins that they were potentially in line for a lawsuit?, why weren’t alarm bells going off?, what other motivation would someone have to not sign a document that would award them millions of dollars?

    If the Dolphins did know this was coming, have the last couple weeks been the best the organization can muster?, certainly seems the Dolphins are not a well-run organization, at the very best.

  4. Good for him. The good OL’ boys club can only be changed by those strong enough to resist signing non disclosure documents.

  5. This is why with the previous post about NDAs, I said let’s wait, while many were calling Brian Flores a liar. Stop jumping to conclusions, folks, and let’s let this matter play out. For people who keep saying Brian Flores needs to stop talking, well, how many of you have taken on a billion-dollar corporation? Sometimes the media can be your friend if used right. The dolphins called Brian’s bluff, and if these docs are accurate, they just lost. This is how you beat a billion-dollar corporation.

  6. That is a standard NDA.. give it a rest.. this case will go nowhere. All this proves is that Flores knew he was getting smoked and had this planned in the event he did.
    Had they not fired him he would of done of next season.
    If you really felt that strongly about all of it why did you stay employed for 2 and a half seasons after the “alleged bribe” ???

  7. Kind of a middle ground. It’s underwhelming based on what Flores claimed it was. It’s just standard contract buyout boilerplate, not a refusal to sign an NDA profferred by Ross himself. But he did turn down the money he would have been due to pursue the avenue he’s chosing to pursue.

  8. the standard buy out that coaches who have time left on their contracts receive

    ——————

    The problem with this is the implication by Flores that this contract was not standard. There is nothing nefarious about a standard buyout contract but Flores sure makes it sounds like the Dolphins went out of their way to silence him.

  9. So the NDA is standard for all hired and fired coaches. This has nothing to do with discrimination or race then. Still waiting on evidence Flores said he has that is proof Ross offered him money to lose games. Haven’t seen that yet.

  10. It couldn’t have been easy to turn down life-changing money (or more life-changing money than he’s already earned).

  11. If Flores is the lynchpin that gets Ross to sell the Dolphins then he should be given the keys to Miami for having finally turned around that franchise.

  12. The Dolphins never denied that there was a non-disparagement clause for Flores to sigh. They denied that Ross ever talked to him about it. Flores made it sound like something that was non-standard. The documents produced by Flores’ attorney certainly appear to be standard.

  13. This needs to play out. I believe there is bad blood with Flores and he’s doing everything possible to throw the Dolphins management under the bus.

  14. Seems like the more Flores brings to light the more Ross looks pretty guilty. Even if Flores can’t prove the Giants interview was a sham, he sure looks like he can prove his case against Ross and the Dolphins is legitimate.

  15. he could make more money if he gets a social justice type judge..
    .
    in those cases, perception means more than reality

  16. You can choose to believe Flores or not, but in general I don’t think someone turns down millions of dollars just so they can go make a bunch of stuff up.

  17. The narrative that this is refusing money is hilarious. He opted for more money via litigation. This is posturing for the court, not honest ethics.

  18. You have to respect Brian Flores for all this and NOT taking the cash, classy and brave.

    and he had 2 seasons of winning records in these circumstances, but he still didn’t get a head coach job of all the vacancies ??

    Seems much of the NFL is proving his case for him (ring a bell anywhere) ??

  19. When the actual evidence is posted (in this case, the documents in question), it’s really hard to lie about it, and wordsmithing around the actual language also becomes a problem for those who would try it.

    More power to Flores on this one. Dolphins management and ownership are being shown up front to lack credibility.

  20. Translation … he wants a better offer. Understand something … it’s always about the money.

  21. Almost all employers who offer a severance package require a release from liability in return.

  22. Of course he didn’t, he would miss the chance to be a media storm with his lawsuit. He is a hateful hard to deal with person who lost his job because he is mediocre. A NDA is standard practice for outgoing coaches as is a contract buyout to save the team some money but he is trying to spin it as a payoff to keep quite.

  23. Will say it again , if Flores felt so wronged why didn’t he speak up immediately when the losing games on purpose was brought up or when asked to participate in tampering with another teams QB? He only had a crisis of conscience after he was fired . Another hit on his credibility was his statement after being fired that was all sunshine and rainbows . Bottom line I don’t know what happened but Flores has some questions to answer about his own decisions during his stay in Miami .

  24. “ The Dolphins issued a statement specifically denying that team owner Stephen Ross presented Flores with a non-disclosure agreement and spoke to Flores about it.

    In response, the lawyers representing Flores posted the documents that Flores opted not to sign”

    There you have it. It’s easy to see who is telling the truth and who is not.

  25. Not sure it so much as “left a “lot” of money on the table” as it was “money just pushed to the side until after my lawsuit”

  26. I’d like to see the area in this document Flores has that specifically states “Mr. Flores if you intentionally lose and lose these games you will be compensated $100,000.00 per game per loss.” Can’t wait to see that!

  27. In the context of his allegations, this seems like a major thing. But isnt this pretty much standard procedure? Flores is not the first person who has been given this option. He is just the first person to go scorched earth.

    It brings up other questions for me. How long has Flores been planning to sue? It has been presented as “the text message from Bill Belichick sparked his decision to sue”, but lets be honest, this decision to not sign the NDA was well before the test message from Bill. If Belichick’s text message sparked his interest in standing up and suing, then why did he decline to sign this document? We know the answer…

    We were all surprised that Flores got fired, but Flores wasnt. He knew there was tension in the building. He knew the relationships were fractured. He saw the writing on the wall and began to lay the groundwork for his lawsuit long before he got fired.

  28. Flores continues to appear to be an honest person who is presenting legitimate issues. Ross, Elway, the Giants, the league, and all others who have disparaged Flores continue to be disingenuous.

  29. “Flores ultimately chose the ability to sue and to speak over the standard buyout that coaches who have time left on their contracts receive.”

    Says it right there. Standard. It doesn’t seem that there’s anything strange about the buyout itself, only that Flores didn’t sign it. I guess that’s noble of him? To refuse money to keep his voice heard? Whatever.

  30. Seems like a piece of information is missing here. It’s not like Flores’ contract had a rider that said if he doesn’t sign an NDA upon termination he won’t receive the balance of his gauranteed salary. No one would sign that.————–

    This is pretty standard to on exit give an employee especially one in power a ‘you can’t say bad things about us’ attached to their severance.

  31. People lie until they get caught. Then they tell a different lie. Add some finger pointing and distraction and start the process all over again…..

  32. Looking more and more like Ross was trying to cover up and shut up. I think Flores has the goods on him and his refusal to tank was the real reason for his dismissal.

  33. Same people defending Stephen Ross of all people last night will now switch gears to find another way to defend the billionaire who was obviously lying about all of this from the start.

  34. No man in their right mind would be doing what Flores is doing, if it were not true. Forfeit millions of dollars for this? Hell, nah!

  35. I believe he has grounds on the allegation of tanking by the Dolphins but I doubt he can prove racism by the Giants. If he can take down Ross, he’s a hero to Miami fans.

  36. Most of the commenters here believe the Dolphins have been caught in a lie. You’re not paying attention. They said Ross never talked to Flores about an NDA. That’s all they said.

  37. Yea, Ross did not know anything about the NDA even though he would have to pay millions if Flores signed it. Anyone who believes that is foolish

  38. Flores lawyers would NOT of said they have exactly what Flores said they have if they didn’t have it.
    Seems they’re are some sorry posters on this site that will back the NFL at all costs. I believe Flores one hundred percent. It’s too bad closet racists can’t be kept from watching sports that have any non white athletes in them. Quite honestly, I can’t even grasp why a racist would spend anytime watching anything that contained anyone they are racist against. It obviously makes them hypocrites against their own twisted beliefs and views.

  39. The real point here is that the settlement agreement, boilerplate or not, contained terms requiring the silence Flores referenced, the Dolphins denied it, and Flores demonstrated the Dolphins’ denial a lie. Whether the underlying claims are correct will be borne out in the trial (if the NFL lets it get that far) — what this does prove is that Ross and his team are hardly credible.

  40. An old car service advertisement said

    Pay me now
    Or pay me later

    Seems appropriate here
    Amd later will always cost more

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