Re: Explain the waiver deal to me like I'm a 3rd grader
posted at 11/2/2010 9:36 PM EDT
I don't know for sure, and we are both speculating as to how the NFL receives these rules but:
Ineligibility: Any NFL player who is declared ineligible to compete in a pre-season, regular season or post-season game because of a breach by any NFL Club by whom he is employed of waiver procedures and regulations, or any other provision of the NFL Constitution and Bylaws, will be paid the salary or other compensation which he would have received if he had not been declared ineligible, which, in any event, will be a minimum of one week’s salary and, when applicable, expense payments.
But I think that "breach" could be construed as not showing up. You don't show up, you are ineligible to play, you have breached contract. That is actually how you word it, because that is the most classic "breach." So when an active player sits out, their team declares them ineligible to play because of breach of contract. I think that is the only way they can avoid paying him, because even if they cut him, they still need to pay the remainder of guaranteed dollars.
But I am not sure enough to list it that strongly as "FACT" but that is how I am reading it now.
The funny part is that it all comes down to the comma...one comma after breach and before "BY" would make this much clearer to me.
And FWIW, I thought Minny did, in fact, add a no-Franchise clause to his contract?? I thought it was part of getting him to take the deal. And yes, if he has it, it stays because the claiming team isn't getting the player, but they are rather assuming the contract.
And no, they aren't on the line for his bonus. NE would still be on the hook for that, you can't trade or pro-rate trade bonuses that have already been paid. That is standard operating procedure that happened before he was waived.