Kings terminating Mike Richards contract for material breach [upd: grievance filed]

[hatterson]

Those in the know have used the words "shocked" and "wowzer" to describe the issue. I don't think your speculation stands up to those descriptions.

It's not even as much the severity of any potential issues that has me surprised, but rather that his contract has been voided sans any charges even being filed, much less being found guilty of something.

 

[Dr Johnny Fever]

It's not even as much the severity of any potential issues that has me surprised, but rather that his contract has been voided sans any charges even being filed, much less being found guilty of something.

Well, FWIW, remember, this is the league that suspended Voynov at something like 2:00 AM before charges were ever filed or the police had even finished investigating. Apparently they are trying to get out in front of bad publicity these days.

I do think from the descriptions used that it is going to be something embarrassing to Richards as well as something not so common. Let your mind digest that for a while.

 

[hatterson]

Well, FWIW, remember, this is the league that suspended Voynov at something like 2:00 AM before charges were ever filed or the police had even finished investigating. Apparently they are trying to get out in front of bad publicity these days.

I do think from the descriptions used that it is going to be something embarrassing to Richards as well as something not so common. Let your mind digest that for a while.

A suspension is vastly different than a contract termination. If the Kings had suspended Richards, without pay, for an unnamed off-ice violation and said that if the situation pans out they intent to terminate his contract, this would be playing out entirely different.

 

[Dr Johnny Fever]

A suspension is vastly different than a contract termination. If the Kings had suspended Richards, without pay, for an unnamed off-ice violation and said that if the situation pans out they intent to terminate his contract, this would be playing out entirely different.

Agreed. My guess for the swift action is that without it the Kings surely would have gone through with the buy out. Once the buy out happens there is no contract to terminate for bad behavior. Any chance they had of making this stick required immediate action, or not buying him out and letting the contract move into the new season. Not wanting to take the risk of losing the arbitration and having to pay him another full season, they had to strike now, even if it is a long shot.

 

[LadyStanley]

http://www.forbes.com/sites/ericmac...he-termination-of-the-mike-richards-contract/

Forbes sport law guy covering the issue.

It is very difficult to successfully uphold the termination of a contract at arbitration in the North American sports landscape. Historically, absent exceptional circumstances, an arbitrator will overturn the termination of a contract. Arbitrators and judges take the individual right to earn a living very seriously and do not react favorably to an attempt to deprive someone of that fundamental right simply for the sake of convenience. Time and time again, arbitrators have sided with players.

(4 pages worth)

 

[Dr Johnny Fever]

http://www.forbes.com/sites/ericmac...he-termination-of-the-mike-richards-contract/

Forbes sport law guy covering the issue.


(4 pages worth)

He's been giving radio interviews on TSN the last few days. He seems pretty knowledgeable about this case and sports law in general.

 

[hatterson]

http://www.forbes.com/sites/ericmac...he-termination-of-the-mike-richards-contract/

Forbes sport law guy covering the issue.


(4 pages worth)

Some of the MLB historicals are crazy

In 1987, the San Diego Padres voided Lamarr Hoyt’s contract after he was jailed following multiple drug charges, including intent to distribute cocaine and attempting to smuggle drugs from Mexico into the U.S. This would seem to be specifically the type of conduct that would justify voiding a contract – right? Wrong. The Players Association filed a grievance and won.

Also of note

And who was the MLBPA executive director presiding over the MLB cases? Donald Martin Fehr, the current head of the NHLPA. He is seasoned and ran the strongest union in sports. He brings that experience with him.

I really have no idea what Richards could have done and somehow not get jailed/charged that would be worse than smuggling crack into the country from Mexico

 

[Dr Johnny Fever]

I really have no idea what Richards could have done and somehow not get jailed/charged that would be worse than smuggling crack into the country from Mexico

Charges could still be coming.

Here's Eric's interview from today...

http://www.tsn.ca/radio/montreal-690/macramalla-expect-a-battle-from-richards-camp-1.321767

 

[hatterson]

Charges could still be coming.

Here's Eric's interview from today...

http://www.tsn.ca/radio/montreal-690/macramalla-expect-a-battle-from-richards-camp-1.321767

Oh absolutely they could be, but it's weird thinking of things that would be worse than trafficking a bunch of crack from Mexico but yet wouldn't result in immediate arrest and detention.

 

[Burner Account]

So Richards is home, presumably? He's not being detained? Do we know that?

 

[Fugu]

Charges could still be coming.

Here's Eric's interview from today...

http://www.tsn.ca/radio/montreal-690/macramalla-expect-a-battle-from-richards-camp-1.321767

Eric may have just given up something inadvertently. He's hypothesizing about Lombardi's motivation, starting with the assessment that "Mike is no longer a useful player [to LA]. He's not a useful player probably for reasons that will come to light. But he's not a useful player to the LA Kings." Goes on to talk about the options, including the buy out, suspension. The least expensive option is... contract termination.

He's fairly adamant that it's unlikely any arbitrator would let them do this however.

 

[Aavco Cup]

The ESPN story references a spokesperson for the Manitoba RCMP. So if it's an actual border crossing you would assume Emerson since it's by far the busiest in MB. Alternatively, a US flight into Winnipeg would also involve dealing with the border services. Richards is a native of Kenora Ontario, Winnipeg would be the closest major city.

Then again maybe ESPN could only contact the Manitoba RCMP and it occurred elsewhere

He lives in Kenora which is on Lake of the Woods. That lake is partly in Ontario, partly in Manitoba and partly in Minnesota. It is possible to cross the border using a boat.

 

[yay]

Glad I was wrong.

Edit: Surprised at how relatively minor the issue is. No way this holds up to a challenge, unless the pills were stolen from the team.

Tmz.com.

 

[mouser]

Seems like there would need to be some additional sordid details to justify terminating Richards' contract.

 

[kdb209]

C&P from the main board thread:

TMZ is reporting this:

http://www.tmz.com/2015/06/30/nhls-...ied-about-oxycodone-drama-at-canadian-border/

@EricOnSportsLaw
Also please note that Gary Bettman would NOT hear the appeal - that goes to an independent arbitrator.

@EricOnSportsLaw
The NHL and NHLPA have a collectively bargained Drug Policy which calls for treatment protocols. This will likely be relied on by NHLPA.

 

[Jumptheshark]

C&P from the main board thread:

was waiting for this

now we can talk about this

 

[hatterson]

Yea there's zero chance I can see this holding up.

Even if the arbiter somehow upholds it, it could easily face a legal challenge under the basis of selective enforcement given that others haven't been punished anywhere close to this. The CBA wouldn't insulate the NHL from that.

 

[Jumptheshark]

Yea there's zero chance I can see this holding up.

Even if the arbiter somehow upholds it, it could easily face a legal challenge under the basis of selective enforcement given that others haven't been punished anywhere close to this.

Question is

Is Richards enrolled the NHL/NHLPA substance abuse program? If he is we need to look at the rules regarding a second screw up--Someone suggested that with strike 2 that allowed the team to terminate his contract

 

[mouser]

Yea there's zero chance I can see this holding up.

Even if the arbiter somehow upholds it, it could easily face a legal challenge under the basis of selective enforcement given that others haven't been punished anywhere close to this. The CBA wouldn't insulate the NHL from that.

Not to mention the NHL and PA have a joint drug program agreement with a set of protocols for treating players with substance abuse issues.

 

[mouser]

Question is

Is Richards enrolled the NHL/NHLPA substance abuse program? If he is we need to look at the rules regarding a second screw up--Someone suggested that with strike 2 that allowed the team to terminate his contract

He's never been suspended for drug issues in the past. Which would imply if he were in the substance abuse program that he's only in stage 1 of 3 stages. Don't have a copy of the substance agreement in front of me, but have read it in the past. If he were in the program I believe the next step would be moving him to stage 2 and suspending him--not terminating his contract.

 

[Faltorvo]

Yea there's zero chance I can see this holding up.

Even if the arbiter somehow upholds it, it could easily face a legal challenge under the basis of selective enforcement given that others haven't been punished anywhere close to this. The CBA wouldn't insulate the NHL from that.

as I stated the other day

I really don't think "winning" this is LA/DL s end game here.

I firmly believe that the end game is how gary will have to fix this inevitable situation and that is

while this process takes place the kings max cap themselves

if the arb result is a full reinstatement of MRs contract/cap hit, then what? what if it happens in like game 10 of the season?

how does gary fix the impossible/improbable unprecedented situation?

I only see 1 out that pleases both MR/nhlpa and the kings and cap regulations

and that's a 2/3 rds buy out with no cap implications added.

 

[TheHockeyRant]

Maybe I wasn't clear enough. I don't put any stock in the speculation that the Kings were close to trading him to any team, especially when you read Mirtle's article that the Kings weren't offering nearly enough.

I believe buyout was the only option. If there's any truth that AEG wouldn't let Deano buy him out, then both your points are valid and puts the Kings in an even more desperate spot.

So if this goes to arb and the Kings lose, I imagine the penalty will be the buyout-related cap hit + more penalties.

Actually the Oilers and Flames were asking about trading for Richards. But then this happened (probably well before we knew) So they backed out Richards was waived and LA went out and got Lucic. If this doesn't happen LA probably doesn't go out and get Lucic in the first place.

 

[hatterson]

as I stated the other day

I really don't think "winning" this is LA/DL s end game here.

I firmly believe that the end game is how gary will have to fix this inevitable situation and that is

while this process takes place the kings max cap themselves

if the arb result is a full reinstatement of MRs contract/cap hit, then what? what if it happens in like game 10 of the season?

how does gary fix the impossible/improbable unprecedented situation?

I only see 1 out that pleases both MR/nhlpa and the kings and cap regulations

and that's a 2/3 rds buy out with no cap implications added.

Or the league just says "hey, you weren't allowed to cancel that contract and then you spent that cap space you shouldn't have. We're fining you and taking a pick for circumventing the cap."

If the arbiter finds that LA acted without merit the league is under no obligation to ensure that they aren't harmed by the consequences.

And if LA doesn't spend over the cap then Richards just goes back on the cap and the Kings can buy him out next summer.

 

[tsanuri]

Unless there is more involved it is quite shaky.
But with what just happened with Stoll in Vegas maybe the team sent out some kind of warning about actions that will be taken involving drugs. If so that might be where he's hanging his hat.
I'm still thinking there is more to this from both the Kings and with maybe what happened.

 

[Faltorvo]

Kings don't gain any significant cap advantage until the 2017-18 season - when the difference between a buyout cap hit and a recapture cap hit is $1.4M. (This season they're slightly worse off ($100K less in cap) and next year, it's only a $400K add'l cap hit.)

I think it would be very hard to prove that the Kings gained a cap advantage going this route since next offseason they have to deal with Kopitar and Lucic's possible re-signings. Too many unknowns at this point.

Unless a ruling takes over 2 seasons, it'll be very hard to prove the Kings gained an advantage going this route vis-a-vis the buyout route.

you obviously used a different cap by out calculator then I did because I don't agree with your stance one little bit


1.2 verses 1.3
1.7 -------1.3
2.7-------1.3
4.2 -----1.3
4.2B]----1.3
1.466---------and 0 cash spent
1.466-----------0
1.466----------0
1,466---------0
1.466---------0

and 15 million in cash


the short term analysis is irrelevant , this is a massive saving in cash ,length of cap hit and less cap hit