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Hernandez' cap hit lower than expected this year, but high in 2014


Ian

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From this piece this morning:

Patriots had no inside knowledge of murder charge before cutting Aaron Hernandez - Patriots - Boston.com

NFLPA records show — and the Patriots source confirmed — that Hernandez’s 2013 salary cap number will be $2.55 million.

That number is equal to his two signing bonus prorations — $2.5 million from his new contract, and $50,000 from his rookie deal signed in 2010.

He explains the reasoning here:

His 2013 salary cap number was supposed to be $4.073 million, but the Patriots picked up $1.5 million in cap space. Many reports assumed that Hernandez’s cap number would be $5.092 million because it was not believed that the Patriots could void the guaranteed money. Instead it will be half of that.

Hernandez’s 2014 cap number was supposed to be $4.2 million, but now it will be significantly higher — $7.5 million. The $1.173 guaranteed salary and $500,000 workout bonus are wiped out, but because the cut occurred after June 1, the Patriots have to account for the other three-fifths of the signing bonus on the 2014 salary cap. The Patriots will also look to ask the NFL to lower that salary cap number on the grounds that Hernandez violated league rules, but that could be an uphill battle.
 
Still really sucks, that 7.5 mill is a Wes Welker or a Reggie Wayne right there.
 
Still really sucks, that 7.5 mill is a Wes Welker or a Reggie Wayne right there.

OTOH, even if everything had been hunky dory, he'd still have counted for $4.2M next year.

In any case, the upside is the salary they would have been paying Hern-idiot can now go to keep players like Stevan Ridley.
 
The Pats gained $968,000 in cap space not $1.5 million because a player with a $555,000 salary replaced AH in the top 51 list.
 
The Pats lost $3,795,000 in 2014 cap space because a player with a $495,000 salary replaced AH in the top 51.
 
My guess is that the Pats are gambling they will win a grievance to get back the money and cap space given caused by Hernandez's bonus payout. Although it looks like an uphill battle to get, I see they have several things on their side:

  • They can argue that they knew there was no chance he was going to be available for training camp and games due to incarceration of some sort (either locked up like he is or house arrest) and would have triggered the clause in the CBA that would have allowed them to go after the bonus money anyway.
  • The NFLPA may be hesitant to defend such a grievance for Hernandez due to the really bad PR it would cause for them to try to defend an accused (potentially multiple) murderer to keep millions of dollars he didn't earn. The NFLPA defending such grievances are usually no brainers, but this is extenuating circumstances and could really give the NFLPA a black eye if they run to his defense.
  • On that note, the NFLPA may use the fact that Goodell has said that Hernandez won't be reinstated to the league until he speaks to Hernandez personally as an out that Hernandez is effectively banned from the league until Goodell re-instates him to claim they are under no obligation to defend him in any grievances. I am sure they are looking for any way to disassociate themselves with Hernandez without setting a bad presidence in any attempt to get or keep money from the Patriots.
  • Hernandez is unlikely to defend a grievance to recoup his bonus money himself (assuming he is allowed). He might try to go after the guaranteed money which is an uphill battle for him, but he knows that the Patriots are unlikely to recoup any money from him anyway because he is going to blow most of it defending himself to get out of jail.

Not being an expert by any stretch of the imagination, I think the Pats ability to get the bonus money may be better odds than the media made it. Last week the media were reporting that the Pats had no way to avoid paying remaining guaranteed money to Hernandez. This week, we find out that the odds are pretty good they won't based on the CBA.

If the Pats decide to file a grievance to reclaim the bonus money and no one opposes it, I would assume they would win by default. As I said, I think the NFLPA will try to find any reason how not to represent Hernandez in these grievances.
 
There isn't a chance in hell Kraft writes a $3M check to the former TE until a court tells him to.
 
From RotoWorld

The Patriots have voided the remaining guarantees in Aaron Hernandez's contract.

The guarantees included $2.5 million in base salaries over the next two seasons, $1 million in workout bonuses, and the rest of his signing bonus. The Patriots face a stiff battle to avoid paying Hernandez his $3.25 million signing bonus payment that was due in March, but they seem set on making him fight for it. Hernandez's cap numbers will be $2.55 million in 2013 and $7.5 million in 2014.
 


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