Mickey Posted August 27, 2008 Share Posted August 27, 2008 What I'd like to know is can the Bills go after Peters entire bonus ( not just a part ) under the theory of a breach of contract. If a provision could be inserted in a player's contract where the bonus payment is provisional on a no holdout clause, I'd certainly try to write it from the team's side. Don't know if this would be contra the NFLPA. If not, I'd test it in court. All depends on the fine print in his contract I guess. I think signing bonuses are usually characterized as "guaranteed" but what exactly is meant by that characterization is unknown. Link to comment Share on other sites More sharing options...
Sen. John Blutarsky Posted August 27, 2008 Share Posted August 27, 2008 No one has really answered the original question so I will try. I think this came up with the Farve saga. If Peters reports, the Bills have 24 hours to put him on the active roster or release him. Because he is already under contract, I do not think he needs to pass a physical before getting paid. If he's going to come in for week 1 I'd expect him to come in next Tuesday. He could theoretically walk in 24 hours and one minute before game time and force the Bills to do this, howver, that would really hurt any chance he had to recoup any of the money he's already been fined. That's a normal part of holdouts is to negotiate away all or part of the fines. If he forces our hand like that to earn a free game check I doubt the Bills will forgive the fines. They shouldn't anyway... if he comes in this weekend I'm fine with waiving the fines and calling it water under the bridge. Link to comment Share on other sites More sharing options...
keepthefaith Posted August 27, 2008 Share Posted August 27, 2008 If he's going to come in for week 1 I'd expect him to come in next Tuesday. He could theoretically walk in 24 hours and one minute before game time and force the Bills to do this, howver, that would really hurt any chance he had to recoup any of the money he's already been fined. That's a normal part of holdouts is to negotiate away all or part of the fines. If he forces our hand like that to earn a free game check I doubt the Bills will forgive the fines. They shouldn't anyway... if he comes in this weekend I'm fine with waiving the fines and calling it water under the bridge. [/quote I'd expect Peters to come in before the opener and if he says anything publically, expect the "it's a business" line. Link to comment Share on other sites More sharing options...
The Senator Posted August 27, 2008 Share Posted August 27, 2008 What I'd like to know is can the Bills go after Peters entire bonus ( not just a part ) under the theory of a breach of contract. If a provision could be inserted in a player's contract where the bonus payment is provisional on a no holdout clause, I'd certainly try to write it from the team's side. Don't know if this would be contra the NFLPA. If not, I'd test it in court. Doesn't even have to be for a holdout. Eagles suspended TO for 'conduct detrimental to the team', and went after $1.7M in bonuses. They recovered $965K by withholding his final five game checks. Owens went to arbitration and LOST (Owens' was represented in the hearing by Eugene Parker's fellow sycophant scumbag, Drew Rosenhaus). Now the Eagles are suing for the remaining $770K! Link Poor Jason. Link to comment Share on other sites More sharing options...
Mickey Posted August 27, 2008 Share Posted August 27, 2008 Doesn't even have to be for a holdout. Eagles suspended TO for 'conduct detrimental to the team', and went after $1.7M in bonuses. They recovered $965K by withholding his final five game checks. Owens went to arbitration and LOST (Owens' was represented in the hearing by Eugene Parker's fellow sycophant scumbag, Drew Rosenhaus). Now the Eagles are suing for the remaining $770K! Link Poor Jason. You left part of the Owens story out. Like the part where he signed with the Cowboys for 3 years and 25 million and with a year left, was extended for another 3 and an additional 27 million. Oh yeah, he also had 2,535 yards and 28 TDs since he left Philly. Oh, and one more thing, the top receiver for the Eagles has 1470 yards and only 9 tds in the same time period. Oops, I almost forgot, one last thing, his contract with Philly was for 49 million. So what is that, about 101 million in contracts overall? Boy did those brilliant Eagles show him a thing or two. So....Philly got 965k back and might get a little more. Wow, poor Owens and poor Jason if he ends up getting the same result Owens got. Can you imagine the indignity of making all that money, paying pennies back, going on to more stardom and more money and actual playoff games? God knows, Jason Peters wants no part of that. Link to comment Share on other sites More sharing options...
The Senator Posted August 27, 2008 Share Posted August 27, 2008 You left part of the Owens story out. Like the part where he signed with the Cowboys for 3 years and 25 million and with a year left, was extended for another 3 and an additional 27 million. Oh yeah, he also had 2,535 yards and 28 TDs since he left Philly. Oh, and one more thing, the top receiver for the Eagles has 1470 yards and only 9 tds in the same time period. Oops, I almost forgot, one last thing, his contract with Philly was for 49 million. So what is that, about 101 million in contracts overall? Boy did those brilliant Eagles show him a thing or two. So....Philly got 965k back and might get a little more. Wow, poor Owens and poor Jason if he ends up getting the same result Owens got. Can you imagine the indignity of making all that money, paying pennies back, going on to more stardom and more money and actual playoff games? God knows, Jason Peters wants no part of that. Didn't deliberately leave it out, just wasn't at all germane to the topic at hand - once again, you're swimming upstream, tryin' like hell to make a silk purse from a sow's ear! The Eagles kicked Owens off the team - 'On November 5, 2005, a day before the team's conference game against the Washington Redskins, the Eagles announced that they were suspending Owens indefinitely from the team. The day following the game, on November 7, the Eagles announced that Owens would remain suspended and ultimately would be released from the team. Owens promptly filed a complaint against the Eagles with the NFLPA. On November 8, with Rosenhaus at his side, Owens issued an apology from the front lawn of his Moorestown, New Jersey home to Philadelphia fans, fellow players and the Eagles organization, expressing his desire to immediately return with the team. Despite the apology, the Eagles stated that they had no intention of permitting Owens to return to the team. They then reinforced that he would remain deactivated for the rest of the 2005 season, after being suspended for 4 games, the maximum a team can suspend a player. On November 18, 2005, Rosenhaus again returned to Philadelphia to represent Owens at a marathon 14-hour arbitration hearing on Owens' suspension. The hearing, which was closed to the public, also was attended by Reid and other Eagles officials, who continued to defend their decision to suspend Owens. Rosenhaus demanded the immediate reinstatement of the wide receiver, but the arbitrator found the Eagles were justified in suspending him for four games and that they do not have to allow him back after the suspension." Link Now, if you're arguing that Peters' situation is ANYTHING AT ALL like that, I'd like some of what you're smokin'! The Bills OWN Jason Peters. They ain't releasing him, and he ain't gettin' a raise either! Guy's goin' NOWHERE! But, I suppose if he called a press conference and apologized like TO did to the Eagles - with Eugene Parker at his side - the Bills MIGHT let him come back. Link to comment Share on other sites More sharing options...
Mickey Posted August 27, 2008 Share Posted August 27, 2008 Didn't deliberately leave it out, just wasn't at all germane to the topic at hand - once again, you're swimming upstream, tryin' like hell to make a silk purse from a sow's ear! The Eagles kicked Owens off the team - 'On November 5, 2005, a day before the team's conference game against the Washington Redskins, the Eagles announced that they were suspending Owens indefinitely from the team. The day following the game, on November 7, the Eagles announced that Owens would remain suspended and ultimately would be released from the team. Owens promptly filed a complaint against the Eagles with the NFLPA. On November 8, with Rosenhaus at his side, Owens issued an apology from the front lawn of his Moorestown, New Jersey home to Philadelphia fans, fellow players and the Eagles organization, expressing his desire to immediately return with the team. Despite the apology, the Eagles stated that they had no intention of permitting Owens to return to the team. They then reinforced that he would remain deactivated for the rest of the 2005 season, after being suspended for 4 games, the maximum a team can suspend a player. On November 18, 2005, Rosenhaus again returned to Philadelphia to represent Owens at a marathon 14-hour arbitration hearing on Owens' suspension. The hearing, which was closed to the public, also was attended by Reid and other Eagles officials, who continued to defend their decision to suspend Owens. Rosenhaus demanded the immediate reinstatement of the wide receiver, but the arbitrator found the Eagles were justified in suspending him for four games and that they do not have to allow him back after the suspension." Link Now, if you're arguing that Peters' situation is ANYTHING AT ALL like that, I'd like some of what you're smokin'! The Bills OWN Jason Peters. They ain't releasing him, and he ain't gettin' a raise either! Guy's goin' NOWHERE! But, I suppose if he called a press conference and apologized like TO did to the Eagles - with Eugene Parker at his side - the Bills MIGHT let him come back. You are the one who introduced Owens into a thread about Peters. Is there some reason its fair for you to use him to support your point but not the rest of us? The point I thought you were discussing was how "Owens LOST", your exact words as I recall. But Owens didn't lose, the Eagles did. He lost pennies and gained millions more. So if you don't think Owens' situation is relevant to Peters', then don't bring him up. Now as for Peters, neither of us know what is going to happen long term let alone the next week when he faces losing a game check. We will have to judge the end results, not the opening moves. The only assessment we can make now is this: Peters wasn't going to get a new deal this year if he had reported on time so the only possibility was to give a holdout a try. So far, holding out has cost Jason Peters nothing. Zero. Nada. Zip. Zip. What did it cost the team? Assuming he comes in this week, they lost their best LT for the first 2-3 games. I am sure, to them it was worth it to save a year on that big contract. If we win those games, no one will care but if we don't.... This is where you babble that "Peters LOST" Link to comment Share on other sites More sharing options...
dave mcbride Posted August 27, 2008 Share Posted August 27, 2008 You left part of the Owens story out. Like the part where he signed with the Cowboys for 3 years and 25 million and with a year left, was extended for another 3 and an additional 27 million. Oh yeah, he also had 2,535 yards and 28 TDs since he left Philly. Oh, and one more thing, the top receiver for the Eagles has 1470 yards and only 9 tds in the same time period. Oops, I almost forgot, one last thing, his contract with Philly was for 49 million. So what is that, about 101 million in contracts overall? Boy did those brilliant Eagles show him a thing or two. So....Philly got 965k back and might get a little more. Wow, poor Owens and poor Jason if he ends up getting the same result Owens got. Can you imagine the indignity of making all that money, paying pennies back, going on to more stardom and more money and actual playoff games? God knows, Jason Peters wants no part of that. Speaking of "oops," you left out the part about the Eagles finishing 2nd overall in offense in 2006 despite McNabb's injury and 6th last year despite McNabb's lack of mobility the first 8 games. Dallas finished 5th and 3rd those two years, which is basically equal (8 total for each). With Owens, the Eagles finished 9th in 04 and 19th in 05. Part of the reason they did so poorly in 05 was precisely because of Owens, who basically left the Eagles no choice but to suspend him. It was a punishment he richly deserved. The upshot: they're a better offense without him than with him. p.s. I'll also note that in your summing up of post-Owens Eagles receivers, you neglect to mention that Kevin Curtis has only played one season with them and put up 77 receptions, 1110 yards, a 14.4 ypc average, and 6 tds. It's not as good as Owens, but he's hardly a slouch. Plus he's not a malcontent. Link to comment Share on other sites More sharing options...
plenzmd1 Posted August 27, 2008 Share Posted August 27, 2008 Here is my take, but I may be wrong. 1) Yes I think he needs to take a physical. Not sure what their choices are if he is just"not in playing condition" but I think from a liability standpoint they have to give the physical. 2) When he comes in they can , I think, get a two week exemption for him from the 53 man roster. But, they are still paying him a game check for those two weeks. 3) The 53 man roster I believe is finalized the Friday before a game????? In other words, I do not believe you can change the 53 man roster the day of the game, but friday wouldn't make sense as there are Thursday games, but whatever I am sure this a day when the roster has to set. 4) Not mush the Bills can do with him if he reports other tahn put him on the 53, and make him inactive until he is ready to go, and pay him all the while. If they do not want to do that, they can cut him, but we all know that will not happen. Also, Jason will pay all fines out of his checks until the balance is zero Link to comment Share on other sites More sharing options...
The Senator Posted August 27, 2008 Share Posted August 27, 2008 You are the one who introduced Owens into a thread about Peters. Is there some reason its fair for you to use him to support your point but not the rest of us? The point I thought you were discussing was how "Owens LOST", your exact words as I recall. But Owens didn't lose, the Eagles did. He lost pennies and gained millions more. So if you don't think Owens' situation is relevant to Peters', then don't bring him up. Now as for Peters, neither of us know what is going to happen long term let alone the next week when he faces losing a game check. We will have to judge the end results, not the opening moves. The only assessment we can make now is this: Peters wasn't going to get a new deal this year if he had reported on time so the only possibility was to give a holdout a try. So far, holding out has cost Jason Peters nothing. Zero. Nada. Zip. Zip. What did it cost the team? Assuming he comes in this week, they lost their best LT for the first 2-3 games. I am sure, to them it was worth it to save a year on that big contract. If we win those games, no one will care but if we don't.... This is where you babble that "Peters LOST" Sorry there Mickey - didn't think I was being too obtuse. You can bring up anyone you want and twist their situation to fit your convoluted logic as you wish, but the only reason I brought up Owens was in response to AJ1's question of whether the Bills can go after Peters' signing bonus. THAT'S ALL. (They most certainly can, and it WILL cost Peters big $$$$, in addition to the $500K+ in fines he will have accrued by the season opener, plus his $191K/week game checks. I guess you think that's nothing. Zero. Nada. Zip. I guess your last name is Rockefeller. ) You somehow managed to make some convoluted point that the Eagles lost out, Owens gained, and Peters will be quite pleased if he finds himself in the same situation, namely, playing for another team for more $$$$. That's a non-starter. Rosenhaus was free to go shop Owens around the league and negotiate the best deal he could get because the Eagles cut Owens loose. He was on the open market. You understand that part, no? Peters CAN'T go shop himself around - the Bills OWN Peters' ass. The Bills ain't cuttin' Peters loose, and he ain't gettin' a raise. And Parker can go pound sand. That's all I'm sayin'. Link to comment Share on other sites More sharing options...
JasoninMT Posted August 27, 2008 Author Share Posted August 27, 2008 In terms of this aside conversation... If Peters approached another team, and the other team responded... it's Tampering... you have to get permission to talk to other teams. I am in agreement w/ plenzmd1... that he'll have to report prior to Friday and he'll have to pass a physical - or be put on PUP list - but he could also be put on the Non-Football Injury PUP list if it weren't related to his injury from last season - and that's where "holdouts" go anyways... for that list, there are no game-checks. If his surgery went awry after last season, he could also be put on IR... Link to comment Share on other sites More sharing options...
AJ1 Posted August 27, 2008 Share Posted August 27, 2008 Sorry there Mickey - didn't think I was being too obtuse. You can bring up anyone you want and twist their situation to fit your convoluted logic as you wish, but the only reason I brought up Owens was in response to AJ1's question of whether the Bills can go after Peters signing bonus. THAT'S ALL. (They most certainly can, and it WILL cost Peters big $$$$, in addition to the $500K+ in fines he will have accrued by the season opener, plus his $191K/week game checks. I guess you think that's nothing. Zero. Nada. Zip. I guess your last name is Rockefeller. ) You somehow managed to make some convoluted point that the Eagles lost out, Owens gained, and Peters will quite pleased if he finds himself in the same situation, namely, playing for another team for more $$$$. That's a non-starter. Rosenhaus was free to go shop Owens around the league and negotiate the best deal he could get because the Eagles cut Owens loose. He was on the open market. You understand that part, no? Peters CAN'T go shop himself around - the Bills OWN Peters' ass. The Bills ain't cuttin' Peters loose, and he ain't gettin' a raise. And Parker can go pound sand. That's all I'm sayin'. I 'know' this is about 2 notches above Peter's abstract thinking ability, but it occurs to me that when this sad saga has run it's course and Jason has lost about 40 - 50 % of his current income, perhaps he should consider hiring another hotshot lawyer to go after Parker for his losses due to malfeasance in his handling of his client's interests. That would be the best of all possible outcomes. Link to comment Share on other sites More sharing options...
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