The Patriots have voided all of Hernandez's contract guarantees

[Deus Irae]

The Patriots have voided all of Hernandez's contract guarantees and the remainder of his signing bonus, according to NFL.com. Hernandez was due $2.5 million in guaranteed base salaries over the next two seasons. The Patriots say the league's Collective Bargaining Agreement validates their decision because Hernandez engaged in conduct unbecoming. The Pats would still carry cap figures of $2.55 million and $7.5 million in 2013 and 2014, respectively, according to the Boston Globe.

Aaron Hernandez investigation continues; Pats void contracts - NFL News | FOX Sports on MSN

 

[Ring 6]

Aaron Hernandez investigation continues; Pats void contracts - NFL News | FOX Sports on MSN

Makes sense that it would go that way.

 

[BradyBunch1224]

woo-hoo!!!!

 

[Fencer]

I doubt he comes after the money any time soon. Why? Because he wants to use his Right to Remain Silent in criminal proceedings first, and get through them before dealing with anything civil (court case, league hearing, whatever) that might require him to give his version of events.

 

[PP2]

I think his people will fight for at least the workout bonus since he did show up for that.

 

[DarrylS]

Do not see where and how he will ever be able to pursue this money..

Hernandez is a done deal, even if he is somehow not guilty of the murder(s) the gun charges are going to result in major prison time..

 

[ctpatsfan77]

Do not see where and how he will ever be able to pursue this money..

Hernandez is a done deal, even if he is somehow not guilty of the murder(s) the gun charges are going to result in major prison time..

His lawyers can sue on his behalf; he doesn't necessarily need to be present.

 

[Brady_to_Moss]

Do not see where and how he will ever be able to pursue this money..

Hernandez is a done deal, even if he is somehow not guilty of the murder(s) the gun charges are going to result in major prison time..

you can get around gun charges as people have in the past before

 

[SB39]

His lawyers can sue on his behalf; he doesn't necessarily need to be present.

I wonder if the NFLPA will have the moxie to take up his cause. Under any other circumstances, they would be the ones yelling and screaming and jumping up and down on his behalf, they would be the ones filing a grievance, they would be the ones taking this case to arbitration.

I don't know how cut-n-dry the so-called "morals clause" of the CBA is, but I doubt anyone will be arguing too strongly on his behalf.

 

[supafly]

It makes sense that the team would certainly have the upper hand in this specific situation, but that Hernandez's camp would have the upper hand as far as his signing bonus goes--since that is something that he is entitled to no matter what.

 

[supafly]

I wonder if the NFLPA will have the moxie to take up his cause. Under any other circumstances, they would be the ones yelling and screaming and jumping up and down on his behalf, they would be the ones filing a grievance, they would be the ones taking this case to arbitration.

I don't know how cut-n-dry the so-called "morals clause" of the CBA is, but I doubt anyone will be arguing too strongly on his behalf.

From everything that I've seen so far, it doesn't appear that anyone is going to argue too much for this specific part of the salary. As someone else noted they may decide to argue for some or all of his workout bonus, since he was present for that, but that is peanuts compared to this money.

The real question in my mind is what they'll do in terms of trying to secure the rest of his signing bonus, since all accounts would point to him still being entitled to that part.

 

[Uncle Meat]

I doubt he comes after the money any time soon. Why? Because he wants to use his Right to Remain Silent in criminal proceedings first, and get through them before dealing with anything civil (court case, league hearing, whatever) that might require him to give his version of events.

I disagree. I think he should come after the money as soon as he can. He hasn't been convicted of anything yet. After his is convicted is not the time to do it, in my opinion. He may need that money for his defense as well, especially since he may have ANOTHER case coming up too...dunno. Whether or not he actually committed the crime will take a backseat to the wording of the contract and the collective bargaining agreement, anyway.

Guaranteed money is guaranteed money. I think he's got a great chance to get that, but he'll have to fight for it, apparently. But they can't ask him if killed anybody and have that be the determining factor of whether or not they will honor the binding contract. Both sides agreed to that contract. It's all about the contract.

 

[Fencer]

I disagree. I think he should come after the money as soon as he can. He hasn't been convicted of anything yet. After his is convicted is not the time to do it, in my opinion. He may need that money for his defense as well, especially since he may have ANOTHER case coming up too...dunno. Whether or not he actually committed the crime will take a backseat to the wording of the contract and the collective bargaining agreement, anyway.

Guaranteed money is guaranteed money. I think he's got a great chance to get that, but he'll have to fight for it, apparently. But they can't ask him if killed anybody and have that be the determining factor of whether or not they will honor the binding contract. Both sides agreed to that contract. It's all about the contract.

I'll confess to not knowing the contract details.
Is any of the money that's being withheld guaranteed against morals?

 

[SB39]

It makes sense that the team would certainly have the upper hand in this specific situation, but that Hernandez's camp would have the upper hand as far as his signing bonus goes--since that is something that he is entitled to no matter what.

That's not entirely true. If a player retires in the middle of a contract, the team will go after him to get back a portion of the signing bonus, and they'll win. In fact, my prediction for the Patriots was that they would keep him on the roster since that would enable them to go after the signing bonus when he didn't report for camp. Obviously that prediction was wrong, so now we get into the whole obscure "morals clause" of the CBA.

 

[supafly]

That's not entirely true. If a player retires in the middle of a contract, the team will go after him to get back a portion of the signing bonus, and they'll win. In fact, my prediction for the Patriots was that they would keep him on the roster since that would enable them to go after the signing bonus when he didn't report for camp. Obviously that prediction was wrong, so now we get into the whole obscure "morals clause" of the CBA.

I'm admittedly out of my element a bit when it comes to matters of this nature, as there are many knowledgable posters involving matters of the CBA/contractual issues on this forum. That said, I am simply relaying what I have heard and read about it:



"But the Hernandez camp will argue strenuously that the Patriots have no right to withhold the $3.25 million in deferred signing bonus money. The money already has been earned. Just like the $9.25 million Hernandez already has received, he technically should get the remaining $3.25 million.

“That is as clear in his favor as the base salary issues is for the team,” said a source with knowledge of Hernandez’s position. “If the team tries to fight it they will lose, 100 percent.”

 

[resdubwhite]

“That is as clear in his favor as the base salary issues is for the team,” said a source with knowledge of Hernandez’s position. “If the team tries to fight it they will lose, 100 percent.”

isn't that for an arbitrator/judge to decide.

I'm not so sure these definitive comments ever work out to be such. Team must feel that they have a case.

 

[SB39]

I'm admittedly out of my element a bit when it comes to matters of this nature, as there are many knowledgable posters involving matters of the CBA/contractual issues on this forum. That said, I am simply relaying what I have heard and read about it:



"But the Hernandez camp will argue strenuously that the Patriots have no right to withhold the $3.25 million in deferred signing bonus money. The money already has been earned. Just like the $9.25 million Hernandez already has received, he technically should get the remaining $3.25 million.

“That is as clear in his favor as the base salary issues is for the team,” said a source with knowledge of Hernandez’s position. “If the team tries to fight it they will lose, 100 percent.”

Right, that's because they cut him. If they had simply left him on the roster, as I thought they would, then they would easily recover those funds since he wouldn't exactly be reporting to camp. But they decided the drawbacks of keeping him around outweighed the benefits of recovering the money.

 

[SB39]

isn't that for an arbitrator/judge to decide.

I'm not so sure these definitive comments ever work out to be such. Team must feel that they have a case.

I would never accept a definitive comment from someone who wanted to be an anonymous source.

I think anyone who makes a definitive comment is foolish. It could easily be a situation where if they took it to arbitrators A, B and C they win but if they took it to arbitrators X, Y and Z they lose.

 

[blackglass3]

That "source" is most likely Hernandez's agent, hoping to score that very last 3%.

 

[SB39]

It makes sense that the team would certainly have the upper hand in this specific situation, but that Hernandez's camp would have the upper hand as far as his signing bonus goes--since that is something that he is entitled to no matter what.

I think this is ultimately what happens. Possession is 9/10th the law. They will be very hard pressed to actually get back money already given to Hernandez, and Hernandez will be very hard pressed to get them to cut him a check for any remaining "guaranteed" funds.

I honestly don't give a crap about the money exchanging hands, but I sure wouldn't mind seeing some cap relief.