Malcolm Mitchell files grievance vs Patriots

[Fatmancryin]

Sorry I don’t have a subscription to BSJ.

 

[BlueThunder]

Yawn....... There's a minute of my life I'll never get back

 

[Sicilian]

Anyone able to sum up?

 

[The Boston Patriot]

Anyone able to sum up?

Reality vs Delusion?

 

[Froob]

“Patriots under investigation again..”

 

[maineman209]

I'm hoping that Miguel will fact check me on this.

AFAIK,
-- there's some sort of grievance procedure written into the CBA for these instances.
-- if the NFLPA judges that the player was released due to his injury rather than due to his performance, they can award the player up to (around) $1M from the team
-- the amount awarded then becomes a cap expense during the following season (2019)

Looking at OTC, it's not clear to me precisely what Mitchell's salaries for 2018 & 2019 would have been, but it appears that he's been paid $1.39M (for his two years) on an original 4-year contract with a total value of $2.92M. The $2.92M includes a signing bonus of (I think) about $575M. So, it seems to me that Mitchell may have had about $950k or so left on his contract.

I'm not sure, but I think this kind of thing crops up with other teams a little more often than we hear about. Not "all the time" by any means - maybe something like one or two cases a year for the entire league?

 

[IcyPatriot]

Well I hope he gets his money ......

The details of the grievance are unclear, but by the looks of things, it’s likely Mitchell is arguing he was injured on August 6, which is when he was waived by the Patriots. Injured players are not supposed to be released. They are supposed to be placed on IR, either directly or after clearing waivers following being designated waived/injured.

Per the CBA, the initial grievance amount of $252,000 is 40 percent of his 2018 salary ($630,000). The grievance amount of $252,000 now counts against New England’s cap. If Mitchell wins his grievance, then remaining $378,000 will eventually hit the Patriots cap. If Mitchell loses his grievance, then the Patriots will receive a credit.

Source: WR Malcolm Mitchell has filed a grievance vs. Patriots | Boston Sports Journal

 

[Hyped]

It's a business….that being said, I hope Mitchell gets what he needs.

Is Mitchell retiring from the NFL? Or does he still plan on making a comeback later on?

 

[RobertWeathers]

Well I hope he gets his money ......


Source: WR Malcolm Mitchell has filed a grievance vs. Patriots | Boston Sports Journal

I hope he gets his money if he deserves it.

 

[oldrover]

The whole Malcolm Mitchell outcome was...


https://imgflip.com/gif-maker

 

[primetime]

We discussed this when Darboh was released. He likely had an open and shut grievance against the Seahawks, which is why he ended up back on their IR, and the Patriots appeared to do something similar with Mitchell. It's likely he'll win the grievance and return to the Patriots injured reserve. Don't have much sympathy for the team here, they cut a guy who was hurt because they didn't want to pay him, which is against the CBA.

 

[captain stone]

Who?

 

[edkk323]

You thought the Patriots finally hit on some WR and would have a stable WR3 or even WR2. This **** happened.

 

[DaBruinz]

Mitchell is claiming that he was hurt and that is what led to his release where as the Patriots are saying it was performance.

Anyone else hear that Mitchell was hurt again? I hadn't.. And that's the sort of thing that usually comes out.

 

[Miguel]

I'm hoping that Miguel will fact check me on this.

Looking at OTC, it's not clear to me precisely what Mitchell's salaries for 2018 & 2019 would have been, but it appears that he's been paid $1.39M (for his two years) on an original 4-year contract with a total value of $2.92M. The $2.92M includes a signing bonus of (I think) about $575M. So, it seems to me that Mitchell may have had about $950k or so left on his contract.

Mitchell's 2018 salary was $630,000. His 2019 salary was $720,000.

 

[primetime]

Mitchell is claiming that he was hurt and that is what led to his release where as the Patriots are saying it was performance.

Anyone else hear that Mitchell was hurt again? I hadn't.. And that's the sort of thing that usually comes out.

If he was still hobbled from the injury last season and was unable to perform because of that injury, they can't legally terminate his contract (without his consent in an injury settlement). The CBA specifies that a player who is unable to perform the requirements of his contract due to an injury sustained in performance of that contract cannot have the contract terminated.

This is the same reason Darboh went back to the Seahawks IR after he failed his physical with the Patriots; the Seahawks could never have legally cut him in the first place since he wasnt able to perform. Note that Darboh, like Mitchell, practiced in training camp, so that's not hard and fast evidence that it was performance-based.

Generally it's in the league's best interest to settle these sorts of grievances (which is almost certainly what happened with Darboh) because if it goes to arbitration and the league gets a ruling against them, the plaintiff is usually going to come out much wealthier than he would have been just getting his salary on IR.

 

[DaBruinz]

If he was still hobbled from the injury last season and was unable to perform because of that injury, they can't legally terminate his contract (without his consent in an injury settlement). The CBA specifies that a player who is unable to perform the requirements of his contract due to an injury sustained in performance of that contract cannot have the contract terminated.

This is the same reason Darboh went back to the Seahawks IR after he failed his physical with the Patriots; the Seahawks could never have legally cut him in the first place since he wasnt able to perform. Note that Darboh, like Mitchell, practiced in training camp, so that's not hard and fast evidence that it was performance-based.

Generally it's in the league's best interest to settle these sorts of grievances (which is almost certainly what happened with Darboh) because if it goes to arbitration and the league gets a ruling against them, the plaintiff is usually going to come out much wealthier than he would have been just getting his salary on IR.

Well, the thing is that he passed the Pats physical and wasn't hurt in camp to my knowledge. Yet, my understanding from the two articles is that he was hurt the same day he was released (Aug 6th).

What is interesting is that Mitchell had a procedure on July 23rd. So, one would have to question how he passed his physical and wasn't put on the PUP list to start camp. Could be that the Patriots have an issue with one of their doctors the same way that the Saints did last year with Delvin Breaux..

 

[Dragda]

If he was still hobbled from the injury last season and was unable to perform because of that injury, they can't legally terminate his contract (without his consent in an injury settlement). The CBA specifies that a player who is unable to perform the requirements of his contract due to an injury sustained in performance of that contract cannot have the contract terminated.

This is the same reason Darboh went back to the Seahawks IR after he failed his physical with the Patriots; the Seahawks could never have legally cut him in the first place since he wasnt able to perform. Note that Darboh, like Mitchell, practiced in training camp, so that's not hard and fast evidence that it was performance-based.

Generally it's in the league's best interest to settle these sorts of grievances (which is almost certainly what happened with Darboh) because if it goes to arbitration and the league gets a ruling against them, the plaintiff is usually going to come out much wealthier than he would have been just getting his salary on IR.

Some of the teams would pressure players to play hurt so they could cut them without pay. It’s a bad practice. Players will do anything to try and keep the dream alive and have been taken advantage of for it. I don’t think the present day Patriots are one of these teams. In the past, yeah, no doubt.

 

[primetime]

I don’t think the present day Patriots are one of these teams. In the past, yeah, no doubt.

mmm

I root for them on the field, but I don't operate under any illusions that they're anything more than a huge, impersonal brand that in the end is beholden only to the almighty dollar

 

[borg]

Ernie: Hey Doc......we're sending Mitchell in to see you later today. Keep it simple..."turn your head sideways and cough"..... and give him his medical clearance ....then send his file up to personnel before the 4:30 deadline time. And let me know if you see Guerrero lurking about by the dispensary again. Thanks Doc.