$2.75 millionSettlement

USF Pays $2.75 Million to Settle Wrongful-Termination Suit Brought by Fired Head Coach Jim Leavitt

Settlement · Tampa, FL (USF) · 2011

Won by Florin Roebig.

The University of South Florida agreed to pay $2.75 million to its founding football coach after attorney Wil Florin argued the university skipped contractually required pre-termination steps before dismissing him in January 2010.

What happened

Jim Leavitt built USF football from nothing. He took the program from its 1995 launch through 13 seasons, compiled a 95-57 record, and became the only head coach in the program's history. His tenure ended abruptly in January 2010, when USF terminated him following allegations that he had grabbed a walk-on player, Joel Miller, by the throat and struck him in the face during halftime of a November 2009 game against Louisville.

Leavitt denied the allegations. USF investigated and concluded that 'multiple reports from credible direct eyewitnesses' corroborated the incident, which formed the basis for the firing. But Leavitt's legal team identified a procedural problem with how the university handled the dismissal: the contract required USF to give him 10 days' notice and a pre-termination meeting before any discharge. Neither happened.

In March 2010, Leavitt filed a wrongful-termination lawsuit represented by Wil Florin of Florin Roebig. The suit did not turn on whether the player incident occurred. It turned on whether USF followed the rules it had agreed to in Leavitt's contract before ending his employment. Leavitt initially sought approximately $9.5 million, the full remaining value of his contract, plus reinstatement.

The case settled in January 2011, one year after the firing. USF agreed to pay $2.75 million, structured as $2 million in salary and benefits and $750,000 described as acknowledging Leavitt's contributions to building the football program. As a condition, Leavitt agreed he would not seek future employment at USF or any of its affiliates.

The settlement confirmed that contract language governing termination procedures carries real weight, even when the underlying conduct is contested. USF paid more than a quarter of the original demand to resolve a case it could have avoided by following the steps its own contract required.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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