NFL arranges workout for QB Colin Kaepernick

[NateDawg]

Tldr Kap’s a bad dude.

[Nabbs4u]

9 hours ago, JPPT1974 said:

Has not played since 2016. Chances for him to play in the league very slim!

Josh Johnson would disagree but doesn't come with a 1/10 of his baggage.

Just sucks!

[N4L]

Hey @ramssuperbowl99 did you actually read the waiver? It very clearly said the liability was limited to injuries sustained in the work out ONLY 

The waiver was very obviously a boilerplate waiver used for literally every free agent work out. 

I don't think he has any ability to bring a second lawsuit. The original settlement would have included language preventing him from suing for the same thing twice.

He doesn't have a leg to stand on for a second suit. The NFL took the unprecedented step in setting up a workout for him, getting teams to show, then kaep didn't show up for it. Right or wrong, that is the reality. They have done nothing collectively to prevent him from signing/being offered a contract 

Why would anyone want to sign a malcontent that is going to bad mouth you every chance they get while simultaneously not following simple instructions and expecting special treatment? 

Bottom line he is not a good qb and is a bad teammate. The guy had sex with Aldon Smith's ex girlfriend while they were teammates. It happened right around the time Aldon spiraled out of control. Not 100% his fault obviously but still not something franchise qbs do 

Kaep needs to just go play baseball at this point. 

[evilpimp972]

Better trust the so called lawyers of FF instead of former ones. Got it.

[ramssuperbowl99]

2 hours ago, N4L said:

Hey @ramssuperbowl99 did you actually read the waiver? It very clearly said the liability was limited to injuries sustained in the work out ONLY 

The waiver was very obviously a boilerplate waiver used for literally every free agent work out. 

It certainly did not say that it was limited to injuries sustained in the workout only. If you have a templated waiver example of what player sign when they work out for a team, feel free to share it. I'm betting we'll see one, and will be able to compare the language eventually.

The relevant line in the waiver is:

Quote

“any and all claims . . . caused by, arising out of, occurring during, or related directly or indirectly to the Workout

What does "indirectly related to the workout" mean? I'm trusting Florio's opinion on this because he was an employment lawyer who actually handled these types of cases before he started PFT. If a lawyer here wants to comment, I'm all ears. If there's another legal analyst who can say this is standard and Kaep would have been protected had he signed, I'll listen.

But the guy who is more or less uniquely qualified given his NFL and employment law knowledge is saying that this would be a magic bullet for NFL liability. 

2 hours ago, N4L said:

I don't think he has any ability to bring a second lawsuit. The original settlement would have included language preventing him from suing for the same thing twice.

Based solely on the fact that Kaepernick is seeking employment, we know the settlement didn't include language that bought out Kaepernick trying to play again. Again, this is per Florio, and again, I'm relying on him because this was his area of practice, it's standard in these types of suits to include a note saying the employee won't ever pursue employment at the employer again. This wasn't done.

Kaep would not be suing for the same thing. He previously filed a grievance because he believed the NFL colluded in 2017-Feb 2019 to keep him out of the league. He'd now be suing for the league colluding starting in Feb 2019 to present day, and/or retaliating for the previous settlement. Those are entirely different events. Saying this would be the same thing is like saying James Harrison shouldn't have been fined for an illegal hit in Week 3 because he was already fined in Week 1.

2 hours ago, N4L said:

He doesn't have a leg to stand on for a second suit. The NFL took the unprecedented step in setting up a workout for him, getting teams to show, then kaep didn't show up for it. Right or wrong, that is the reality.

That is a vast oversimplification that deliberately ignores the context of why Kaepernick didn't show up, and the motives for the NFL taking the "unprecedented step" scheduling a workout.

2 hours ago, N4L said:

They have done nothing collectively to prevent him from signing/being offered a contract

We don't know this for a fact at all. We never got discovery in the previous settlement, so there's no way to know for sure if the league colluded. More recently, the reporting that teams contacted the NFL about interest in Kaep would indicate otherwise. Again, we'd need discovery to know for sure, but saying "there's no evidence" is wildly premature.

2 hours ago, N4L said:

Why would anyone want to sign a malcontent that is going to bad mouth you every chance they get while simultaneously not following simple instructions and expecting special treatment?

Again, you're doubling down on Kaep "expecting special treatment" when what he have points towards him simply following his lawyers' instructions and not signing a waiver that could have been hugely damaging. You're also assuming the league arranged this special workout out of the kindness of its heart as some massive favor with no evidence. 

2 hours ago, N4L said:

Bottom line he is not a good qb and is a bad teammate. The guy had sex with Aldon Smith's ex girlfriend while they were teammates. It happened right around the time Aldon spiraled out of control. Not 100% his fault obviously but still not something franchise qbs do 

Kaep needs to just go play baseball at this point. 

Frankly, none of this is relevant.

 

I'll extend an olive branch: I get that people don't like Kaepernick because of his politics, and I certainly don't agree with everything he's said or done. I get that people are sick of this saga. I am too. If someone says "I just don't like the guy and want him to go away", fair enough. If someone says, "I think he's a professional victim and hypocrite for taking Nike ad money while promoting human rights injustices", alrighty then. 

But the NFL was too cheap to buy out his future employment in the original settlement. He may not sincerely want to play, but he is at least pretending to want to play and that entitles him to what the NFLPA negotiated for everyone who wants to play pro football: fair treatment under the CBA and with the law in general, which means no collusion or retaliation, and if either is suspected, a grievance filed with the NFLPA.

Every NFL fan should want that precedent, and unfortunately, that precedent comes with a bunch more headlines about this story that just won't die. 

[ramssuperbowl99]

37 minutes ago, evilpimp972 said:

Better trust the so called lawyers of FF instead of former ones. Got it.

I don't even think the actual lawyers of FF have commented. I'd listen to them, or any other legal analyst.

And honestly, I'm perfectly ready to concede Florio may have bias towards Kaepernick, solely because he used to represent people in employment lawsuits. But by that same line of thinking, he'd have to sit down with prospective clients and have a good idea in just an hour consultation about whether the case would be profitable for him to take on, so his initial read on the situation should carry a fair bit of weight.

[MWil23]

15 minutes ago, ramssuperbowl99 said:

I'll extend an olive branch: I get that people don't like Kaepernick because of his politics, and I certainly don't agree with everything he's said or done.

I have no problem with him kneeling during the anthem as that's his 1st amendment right to do so. Wearing pig socks during practice and other anti police things when I have family in law enforcement bothers me, especially given the history around those groups. I'll admit I'm far from unbiased on the matter.

15 minutes ago, ramssuperbowl99 said:

I get that people are sick of this saga. I am too.

He's 3 years removed from the NFL and he's the one that opted out of his own contract. It's funny that many people forget that to begin with.

15 minutes ago, ramssuperbowl99 said:

If someone says "I just don't like the guy and want him to go away", fair enough.

This is where I am.

15 minutes ago, ramssuperbowl99 said:

If someone says, "I think he's a professional victim and hypocrite for taking Nike ad money while promoting human rights injustices", alrighty then. 

He absolutely is. I'll say this though, that Nike campaign made some unbelievably great memes:

Throw in the Kunta Kinte reference from the workout,

...in light of what is egregiously awful for anyone who has ever read the book or seen the series ROOTS on him having to admit his name is now "Toby", and him referencing that's been done to him, that made me sick.

[ramssuperbowl99]

@MWil23 I like you but that takes the FF cake for "just ignore the part of the post I don't like"

[MWil23]

1 minute ago, ramssuperbowl99 said:

@MWil23 I like you but that takes the FF cake for "just ignore the part of the post I don't like"

TBH, I don't really have an opinion on the waver/movement of the workout because I thought it was blatantly obvious that the NFL was putting on a dog and pony show and trying to cover themselves under the facade that they are actually trying to help CK land a roster spot. I can't believe anyone would think differently TBH.

[VigilantZombie]

I will say this. Just because Kaep has different opinions and chose to stand up for what he believes isnt a good enough reason for the NFL and its teams to 'banish him.'that part of it is just wrong.

Having said that, if you came into a bank waving around a gun asking for an application, you probably wouldn't get the job.

There is a right way and a wrong way to accomplish the things you believe are right. What is the right way for the Kaep situation? I'll be completely honest, I have no idea but I do believe it involves more self control 

The wrong way is making every moment about what you believe to the point that apparently people have to set aside a platform just for you. This is the point which it becomes a distraction. Where every interview and every play, etc becomes his chance to promote something that really, should be completely separate from his job. I dont disagree with what it is Kaep is hoping to accomplish, at all. I dont necessarily agree with Kaep or the NFL on how they're handling this situation however

[oldman9er]

All of this was just a bunch of BULL anyway.

Kaep had no intention of coming back to the NFL. He sucks and knows it. His name was ice cold nothingness these days.. and now, it's a hot button issue to promote his martyrdom and reignite self interests.

Not complicated. The media of course jumps all over this slop. 

 

[Slateman]

1 hour ago, oldman9er said:

All of this was just a bunch of BULL anyway.

Kaep had no intention of coming back to the NFL. He sucks and knows it. His name was ice cold nothingness these days.. and now, it's a hot button issue to promote his martyrdom and reignite self interests.

Not complicated. The media of course jumps all over this slop. 

 

I don't think it's that he has no intention, I think he just wants to come back on his terms, on a team of his choosing. And those opportunities are few and far between, particularly at the quarterback position.

 

Honestly, this "workout" just seems dumb on both sides. The NFL gave no warning, and held it on a day when most teams were prepping for upcoming opponents. But still, 20+ teams sent people to a workout that Kapernick tried to delay and then ultimately moved. Kap said in his post workout comments that he had "been ready." Well, if Kap had "been ready" then it wouldn't have mattered that it was short notice. Kap was afforded more than any other free agent is given, in terms of the NFL arranging for multiple teams to show up to his workout.

I don't think the NFL wants him to be in the NFL and I don't think Kaepernick has any interest in working back into an NFL franchise. 

[Chrissooner49er]

1 hour ago, Slateman said:

I don't think it's that he has no intention, I think he just wants to come back on his terms, on a team of his choosing. And those opportunities are few and far between, particularly at the quarterback position.

 

Honestly, this "workout" just seems dumb on both sides. The NFL gave no warning, and held it on a day when most teams were prepping for upcoming opponents. But still, 20+ teams sent people to a workout that Kapernick tried to delay and then ultimately moved. Kap said in his post workout comments that he had "been ready." Well, if Kap had "been ready" then it wouldn't have mattered that it was short notice. Kap was afforded more than any other free agent is given, in terms of the NFL arranging for multiple teams to show up to his workout.

I don't think the NFL wants him to be in the NFL and I don't think Kaepernick has any interest in working back into an NFL franchise. 

Nope, this just fed his Pariah complex.

[Justwinning]

3 hours ago, oldman9er said:

All of this was just a bunch of BULL anyway.

Kaep had no intention of coming back to the NFL. He sucks and knows it. His name was ice cold nothingness these days.. and now, it's a hot button issue to promote his martyrdom and reignite self interests.

Not complicated. The media of course jumps all over this slop. 

 

ok, boomer

[Chrissooner49er]

37 minutes ago, Justwinning said:

ok, boomer

Ok, troll.