Will Longtime Ohio State Football Assistant With $1.2 Million Deal Get Paid To Not Work For Michigan?

Kerry Coombs hired by Michigan

© Adam Cairns/Columbus Dispatch / USA TODAY NETWORK


Kerry Coombs was hired by the Michigan football program days before Sherrone Moore’s abrupt firing. Now, questions surround his future on staff.

He is expected to continue coaching up through the bowl game. His status will then be determined by the next hire.

Michigan relieved its head coach of his duties due to an inappropriate relationship with a staffer. Moore was also arrested on the day that news broke.

Now, the search for his replacement begins.

The Wolverines are moving forward in an interim role with assistant Biff Poggi. They hope to have a permanent coach in place by January 2nd, a date that signals the start of the transfer portal window.

Many names have been linked to the opening. The frontrunner to this point is unclear. That newcomer will have decisions to make about the current staff.

Kerry Coombs was hired by Michigan’s former football coach.

The move was announced on December 6th.

“Coach Kerry Coombs is a proven, exceptional football coach, and we’re thrilled to welcome him to our program. Kerry’s leadership of our special teams will be invaluable. His expertise in teaching and mentoring has consistently shaped both outstanding athletes and remarkable young men –including some of the nation’s top special teams players and cornerbacks. We’re proud to have Kerry, Holly, and their family join the Michigan Football family.”

-Sherrone Moore

Coombs was hired as the special teams coordinator. He previously coached at Cincinnati and Ohio State.

An Ohio native, he jumped to the other side of the UM-OSU rivalry in his agreement with the Wolverines. Two days later, the man that hired him was let go.

ML Live was able to secure the Memorandum of Understanding between Michigan and Coombs.

The MOU outlines a $1.2 million deal lasting two years.

What is a Memorandum of Understanding?

Essentially, it is an outline of what to expect in a future partnership. It is NOT a contract.

In most cases, MOUs are not binding. There is typically no legal action that can be taken if broken. As with anything, though, there are exceptions.

While an MOU is generally not legally binding, it can become enforceable under certain circumstances. Elements such as an offer, acceptance, intention to be bound, and consideration could make an MOU legally binding. However, it’s important to note that MOUs rely more on mutual cooperation than legal dispute resolution.

The Georgia Tech Office of General Counsel says, “MOUs should not create legal obligations that result in liability for non-compliance.”

It also states that “contracts often involve the exchange of goods or services for monetary payments, whereas MOUs should lack financial commitments.”

It may be worth noting that Michigan’s MOU with Coombs includes a base salary and expected length of employment.

Do the Wolverines have to pay their newest assistant?

For now, yes. Kerry Coombs is still on staff. Nothing should change until a new head coach is hired.

If the program decides to go in a different direction with a new special teams coach, things might get sticky.

USA Today provided an update on the situation this week. Again, that MOU is not binding.

Instead, Coombs’s offer “is contingent upon the successful completion of the University’s pre-employment requirements, as well as the execution of a full employment agreement within 90 days of signing this MOU, to be mutually agreed upon and negotiated in good faith.”

ML Live added, though, that the MOU “does not reference either side terminating the deal over a change to the head coach.”

If the new coach chooses not to retain the assistants, Michigan would be on the hook to make some additional payouts.

– ML Live

At this point, all that is public is the non-binding agreement with a good faith negotiation clause. I am not a lawyer. I will not pretend to know the legal responsibility that lies with Michigan should it ultimately fire Coombs.

Maybe there’s an argument for being owed the entire payment. My gut says the special teams coach would not get the full $1.2 million. Maybe a smaller payout would be agreed upon to cover his recent move to Ann Arbor.

With all of that being said, none of it matters unless Kerry Coombs is relieved of his duties. His future rests in the hands of Michigan’s next hire.