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(Edit)(Disscussion) Evander Kane UFA / Contract Termination Investigated


SilentSam

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1 minute ago, -Vintage Canuck- said:

 

I'm guessing this means that the investigation isn't going to lead to too much of a punishment for Kane.

 

I'm very confused on how this will all work out if the NHLPA wins its grievance and succeeds in having Kane's contract termination overturned. Because that would mean he'd be under contract with 2 NHL teams at the same time.

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1 hour ago, 204CanucksFan said:

I'm guessing this means that the investigation isn't going to lead to too much of a punishment for Kane.

 

I'm very confused on how this will all work out if the NHLPA wins its grievance and succeeds in having Kane's contract termination overturned. Because that would mean he'd be under contract with 2 NHL teams at the same time.

I'd suspect that the ruling if he wins wouldn't change that they terminated his contract .... rather it would force them to pay out the contract and take.the cap.hit (.sharks.that is )

 

No arbitrator can force a team to take.back a player ..... just they can decide how the contract ends 

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2 hours ago, 204CanucksFan said:

I'm guessing this means that the investigation isn't going to lead to too much of a punishment for Kane.

 

I'm very confused on how this will all work out if the NHLPA wins its grievance and succeeds in having Kane's contract termination overturned. Because that would mean he'd be under contract with 2 NHL teams at the same time.

It will almost certainly mean a settlement agreement.  Kane's counsel will argue that the employer created a "poisoned work environment" through their actions, making it impossible for him to return due to lack of the lack of trust.  

I have said from the beginning, assuming there isn't some sort of fraud on Kane's part about crossing the border illegally (in a similar way to his fake proof of vaccination suspension), San Jose is likely going to get ripped apart in arbitration.  They will end up owing at least an amount equal to his remainder of his contract minus what it can be expected for him to earn for that duration on a new contract.  San Jose would have to take that deal and run if they can get Kane to agree to forego any lawsuits that could result in punitive damages on top of that.  What player in league history has had a $22 million dollar contract torn up unilaterally for a breach of a team policy like travel?  There have been many instances of players with serious criminal offences who got significantly lesser punishment.  San Jose is WAY out on a limb if they don't have some sort of rock solid proof of their case. 

The interesting part will be if the league lets San Jose out of the cap hit.  They have to be careful to also not be culpable and face lawsuits.  They are currently denying him a right to make a living, and their investigation has been going on quite a while.  If they let San Jose off the hook with the cap hit, it also shows they are siding with San Jose against the player even absent any evidence.  It should be pretty cut and dried with evidence form either side, either he fraudulently entered Canada or not.  If they don't find anything in their investigation and San Jose loses their arb case... Kane's lawyers can go on the warpath.  Throw in the fact it is a league with a history of racial concerns with black players and one of the highest profile black players gets a punishment greater than any other player has ever gotten that is found to be unjust?  

Again, this is all assuming there isn't evidence showing that the team explicitly told Kane he wasn't allowed to travel, that he would be terminated if he did it anyways, and he told them to pound sand and then travelled across the border using fraudulent means.  Kane is a dummy so that evidence could exist, the longer this goes the less likely that seems though.

 

Edited by Provost
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23 minutes ago, Provost said:


The interesting part will be if the league lets San Jose out of the cap hit.  They have to be careful to also not be culpable and face lawsuits.  

what about running a fair league? 31 GMs will be pretty pissed off if SJS gets off with no cap penalty.

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9 minutes ago, JM_ said:

what about running a fair league? 31 GMs will be pretty pissed off if SJS gets off with no cap penalty.

The league has made it abundantly clear they don't care about that through the recapture BS, Colin Campbell's continued employment, and the outright refusal to clean up the officiating problem that is currently so bad it amounts to criminal negligence.

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1 hour ago, Provost said:

It will almost certainly mean a settlement agreement.  Kane's counsel will argue that the employer created a "poisoned work environment" through their actions, making it impossible for him to return due to lack of the lack of trust.  

I have said from the beginning, assuming there isn't some sort of fraud on Kane's part about crossing the border illegally (in a similar way to his fake proof of vaccination suspension), San Jose is likely going to get ripped apart in arbitration.  They will end up owing at least an amount equal to his remainder of his contract minus what it can be expected for him to earn for that duration on a new contract.  San Jose would have to take that deal and run if they can get Kane to agree to forego any lawsuits that could result in punitive damages on top of that.  What player in league history has had a $22 million dollar contract torn up unilaterally for a breach of a team policy like travel?  There have been many instances of players with serious criminal offences who got significantly lesser punishment.  San Jose is WAY out on a limb if they don't have some sort of rock solid proof of their case. 

The interesting part will be if the league lets San Jose out of the cap hit.  They have to be careful to also not be culpable and face lawsuits.  They are currently denying him a right to make a living, and their investigation has been going on quite a while.  If they let San Jose off the hook with the cap hit, it also shows they are siding with San Jose against the player even absent any evidence.  It should be pretty cut and dried with evidence form either side, either he fraudulently entered Canada or not.  If they don't find anything in their investigation and San Jose loses their arb case... Kane's lawyers can go on the warpath.  Throw in the fact it is a league with a history of racial concerns with black players and one of the highest profile black players gets a punishment greater than any other player has ever gotten that is found to be unjust?  

Again, this is all assuming there isn't evidence showing that the team explicitly told Kane he wasn't allowed to travel, that he would be terminated if he did it anyways, and he told them to pound sand and then travelled across the border using fraudulent means.  Kane is a dummy so that evidence could exist, the longer this goes the less likely that seems though.

 

I don't think they can do any settlement agreements as they have binding cap language that impacts other teams 

 

Also they don't have to dig jnto allegations of a toxic work environment etc.

 

Any team can cut and discharge any player they want.  The ruling will be if the sharks can cancel outright ( just cause) yes or no

 

There is no middle ground 

 

If yes kanes done

 

If no then the contract provisions for payout and cap hit is applied 

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53 minutes ago, JM_ said:

what about running a fair league? 31 GMs will be pretty pissed off if SJS gets off with no cap penalty.

This league hasn’t been fair in a long time…especially for Canadian teams. Not really surprised. Everything is skewed towards the success and propping up of the American teams. 

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33 minutes ago, iwtl said:

I don't think they can do any settlement agreements as they have binding cap language that impacts other teams 

 

Also they don't have to dig jnto allegations of a toxic work environment etc.

 

Any team can cut and discharge any player they want.  The ruling will be if the sharks can cancel outright ( just cause) yes or no

 

There is no middle ground 

 

If yes kanes done

 

If no then the contract provisions for payout and cap hit is applied 

Nope… settlements can and have happened (Mike Richards).  
 

That is entirely unrelated to what the NHL decides to do with the cap but.  It is contract law and nothing to do with the leagues internal salary cap policies.  The NHL is going to have to find a cap solution that will piss off the least number of people yet try to mitigate a significant problem for San Jose if they get hit with the full pull.  They may not be able to do the latter even though they clearly want to.
 

As I said, the league will be treading lightly round this because they are also in jeopardy if it turns out San Jose doesn’t have a case.  

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1 hour ago, JM_ said:

what about running a fair league? 31 GMs will be pretty pissed off if SJS gets off with no cap penalty.

Are you new here?  :D

 

When has Bettman made a priority if running a fair league?  That isn’t even his mandate, his mandate is to make the owners as much money as possible and to make their franchises as valuable as possible.

 

If anyone mistakes the league head office as impartial stewards of the game, they are in for some serious disappointment.

 

If they were interested in fairness they would be doing things like reducing the gap between the cap floor and ceiling, not letting teams trade for cap space, instituting a formula to even out tax implications between jurisdictions so a player doesn’t take home millions more in on City than another with the same cap hit.

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11 minutes ago, iwtl said:

And 31 gm's celebrated when we got stuck worh loungo's cap penalty

 

 

It really puzzled me that our ownership signed off on the CBA that punished us retroactively!!!! At least now with this AGM, being a lawyer and expert on the CBA, ownership will have proper advice. FA really dropped the ball big time. 

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28 minutes ago, grandmaster said:

It really puzzled me that our ownership signed off on the CBA that punished us retroactively!!!! At least now with this AGM, being a lawyer and expert on the CBA, ownership will have proper advice. FA really dropped the ball big time. 

Cap penalty came during the Gillis era.

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14 minutes ago, SilentSam said:

 

Rishaug reported that Kane has been practising in Vancouver in anticipation of a comeback, and that "contract details needs to be buttoned down, but strong sense Edmonton will land him."

It's either gonna go really well for EDM and they go on a tear, or Kane goes there and completely destroys the dressing room.

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3 minutes ago, HKSR said:

It's either gonna go really well for EDM and they go on a tear, or Kane goes there and completely destroys the dressing room.

He will do very well in Edmonton.

Short term, very low risk.. low cap deal.

 

 The dressing room was about to burn anyway, what’s a little fuel on the fire ? Lol

 

i hope the best for him,  I only wish he was coming here.

 

 

 

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