Confirmed with Link: Nichushkin back in assistance program; suspended a minimum of six months

EdAVSfan

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Because the NHLPA will fight every instance of voiding a contract and they should for their membership. Which leads to it going to mediation per the CBA to stay out of the courts. It can be pushed all the way, but neither the NHL nor NHLPA want to be a part of setting a bad precedent. So they settle to keep the risk low and find something that works for all parties.
I get all that.

But the Avs are the ones that take the brunt of the settlement.
The NHLPA will contest termination. Fantastic. What leg do they have to stand on?
 

henchman21

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I think with Kane it was a case of technically there was but in practice there wasn't.
I really don't remember the details. Just more or less with any of these settlements, expect some cap hit.

I get all that.

But the Avs are the ones that take the brunt of the settlement.
The NHLPA will contest termination. Fantastic. What leg do they have to stand on?
Just that nature of the beast. Sucks for the Avs, but they don't get special treatment here.

The NHLPA will stand on that he hasn't been charged with anything (so no damage) and has participated in the treatment program as asked. That there has not been a 'material' breach. Which if legally contested beyond mediation, would go through one of the more union friendly court districts where the Avs and NHL would have two pretty major risks... a court order where Nuke is allowed to play until this is resolved and just outright losing to where they would have to appeal to a higher court. Which would honestly take years to work through.
 
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ANewHope

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If the Avs can't terminate right now because he's in Stage 3 and under an automatic suspension, why would they be able to terminate if Nichushkin reached Stage 4 and in an automatic suspension?

I think I've misunderstood the rules lol I thought stage 4 = no hassle termination where stage 3 was more murky and cap penalties are potentially in play.

If that's not the case than I guess it really doesn't matter.
 

niwotsblessing

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I just don’t get why the Avs would be concerned from losing a termination. They have legit grounds based on what an SPC requires.

(e) to conduct himself on and off the rink according to the highest standards ofhonesty, morality, fair play and sportsmanship, and to refrain from conduct detrimental to thebest interest of the Club, the League or professional hockey generally.

He consumed illegal drugs under his own volition while already under watch of the NHL for previously violating their rules.

b) fail, refuse or neglect to render his services hereunder or in any other mannermaterially breach this SPC.

Again, his own actions, by already being in stage 2, which are against the rules, rendered him unable to render his services, because he broke the nhl’s rules and is now in stage 3.

So I’m not understanding why mediation is required and why the Avs would take a penalty cap hit. They have legitimate grounds.
What could Nike’s defense possibly be that would justify his contract not being terminated?

I understand both parties wanting to settle to avoid a long drawn out battle. But for the Avs, a cap hit penalty is quite debilitating.
And this is where the Lawyers have the game tied around their little fingers. Lot's of lawyers will make their hourly fighting over this, because in plain terms the Avs should not owe Nuke a penny because he broke the rules. The Union will argue he did not break the rules, and the NHL still doesn't know what their rules are, on or off the ice.
 

AvsMakar08

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Pray to f*** that him and his family think this is a NA issue and the Avs can lowball him into leaving with minimal cap penalties.
If Nuke Does not go back to Russia then I would really hate that a team like VGN sign him for free. Avs then will for sure have more difficult time beating Vegas. Nuke will also be able to do anything that he wants in Vegas. There is a saying "what happens in Vegas, stays in Vegas".
 
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the_fan

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If Nuke Does not go back to Russia then I would really hate that a team like VGN sign him for free. Avs then will for sure have more difficult time beating Vegas. Nuke will also be able to do anything that he wants in Vegas. There is a saying "what happens in Vegas, stays in Vegas".
Cocaine is illegal in Vegas too
 

NOTENOUGHRYJOTHINGS

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Why did the Avs push him into the PAP back in January? For a team like the Avs who loves sweeping shit under the rug things must have been really bad.
 
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expatriatedtexan

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I'm still trying to understand what kind of doctor would sign off on this program? Seriously, four strikes before your not even guaranteed your job back?

Is the purpose of the program to get the player through the remainder of their contract or is it to help the player overcome their issues?
 
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Pokecheque

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I'm still trying to understand what kind of doctor would sign off on this program? Seriously, four strikes before your not even guaranteed your job back?

Is the purpose of the program to get the player through the remainder of their contract or is it to help the player overcome their issues?
I think that’s an acceptable number of chances. Keep in mind things gotta get pretty bad before strike one even happens. The booze and drugs flow pretty freely until then.
 

The Abusement Park

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I'm still trying to understand what kind of doctor would sign off on this program? Seriously, four strikes before your not even guaranteed your job back?

Is the purpose of the program to get the player through the remainder of their contract or is it to help the player overcome their issues?
That seems pretty generous no? If I got caught doing drugs at my current job they most certainly wouldn’t give me 4 strikes.
 
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Avsfan1921

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I'm still trying to understand what kind of doctor would sign off on this program? Seriously, four strikes before your not even guaranteed your job back?

Is the purpose of the program to get the player through the remainder of their contract or is it to help the player overcome their issues?
Right? It’s a joke. I’m not a union guy but I get the premise it was built on but like everything with good intentions, it’s been completely exploited. Common sense says if you’ve cost your company as much as he has, he does not deserve to be employed or compensated by them if that’s their wish.
 
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