Vikings navigate a gray area with Brian Flores and may end up facing the worst of two worlds

If Brian Flores leaves for a head-coaching job, the NFL has a decision to make on whether they’ll award the Vikings compensatory picks or not.

Tyler Forness NFL & College Football News Writer
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Jan 13, 2025; Glendale, AZ, USA; Minnesota Vikings defensive coordinator Brian Flores against the Los Angeles Rams during an NFC wild card game at State Farm Stadium.
Mark J. Rebilas-Imagn Images

One of the biggest remaining storylines in the NFL’s coaching carousel right now is the future of Minnesota Vikings defensive coordinator Brian Flores.

Head coach Kevin O’Connell has made it clear that the Vikings want him back, but they would allow him to test free agency.

“[We] want to be respectful and make sure he can go through whatever process, whether it is for a total clarity and commitment to the head coaching process,” said O’Connell in his season-ending press conference. “But I don’t have, based upon my conversations, I think I shared this the last time we were able to speak, I have a lot of confidence we’re going to be able to get something done with him as our defensive coordinator.”

The one difficulty Flores has right now is the lawsuit he filed against the NFL. Some teams won’t give him an interview for that specific reason. Flores has received requests from three teams for interviews so far:

  • Pittsburgh Steelers head coach (2 interviews)
  • Baltimore Ravens head coach
  • Washington Commanders defensive coordinator

Right now, Flores isn’t under contract with the Vikings, as his contract expired on Wednesday, Jan. 14. That allowed him to interview for the defensive coordinator job with the Commanders, and it raises another question about the future for the Vikings: Would they get compensatory draft picks compensation via the Rooney Rule?

Experts are torn on the Vikings getting compensatory picks for Brian Flores

If Flores were to take a head coaching job, they should receive compensatory third-round picks in consecutive drafts thanks to the Rooney Rule. However, things get a little complicated. Because Flores’ contract has expired, would the Vikings receive the picks? The language in 2020 Resolution JC-2A. raises doubt.

  1. The employer-club shall be eligible to receive this Draft choice compensation if:
    • The minority employee hired as a Head Coach or Primary Football Executive has been employed by the employer-club for a minimum of two full seasons; and
    • The minority employee is not the Head Coach or Primary Football Executive of the employer-club and is hired into the same position with the new club. There can be no break in employment between clubs.

The key wording here is “There can be no break in employment between clubs.” That language specifically is vague. What does the break of employment mean? There isn’t any kind of consensus on that point. One source believes if the coach is hired in the same league year when their contract expires, that team, in this case, the Vikings, would receive the compensatory picks. However, if he were officially hired after the start of the new league year, they would not. A second source also believed that to be the case.

That seems simple enough for the NFL, but it might not be. John P Gilbert, a law school graduate who currently serves as the salary cap expert and Deputy Editor of Field Gulls, the SB Nation Seahawks site, had multiple questions about logistics with the situation. One of those is with access, and if he is still with the Vikings despite not having a contract.

“Specifically, what is the normal termination time for access to systems and the facilities for a terminated employee? And did Flores openly maintain continuous access to facilities and systems as if he were still employed? Did they deactivate and demand the return of any IT assets? Were employee benefits still active? And on and on,” said Gilbert.

Many potential factors could determine this unprecedented situation, as a minority head coach or general manager hire hasn’t had their contract expire before they accepted their new position since this program was instituted in 2020. The decision the NFL makes would set a precedent moving forward. The compensatory pick expert himself, Nick Korte, is waiting for that decision.

The reality is simple: we don’t know what will happen if Flores takes a head coaching job. The language’s vagueness allows the league to make any ruling it wants. As we have been since the start of the offseason, it’s a wait-and-see approach that might last until the compensatory picks are announced right before the start of the new league year.