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I Don't Get Contract Holdouts

How come we call the work-for-pay agreements that players sign with NFL teams  "contracts"?

Isn't a contract binding? Can't you be held lawfully accountable for a contract you sign?

I ask this question because I see players who don't like their "contract" and don't think it is fair, so they holdout. Look at Lito sheppard. He may holdout because Assante Samuel got such a big payday and now Lito thinks he is worth more. Obviously, he doesn't care about his "contract".

Dallas could be in for a holdout with MBIII and Kenny Hamlin. Both are supposed to sign their tender offers (Hamlin being a Franchise player and Barber having had a 1st and 3rd round tender offer made to him) and start working out with the team. they haven't signed and aren't working out with the team.

Am I missing something? Maybe a contract isn't a contract at all.

So...I decided my home loan is unfair. Someone down the block from me just got a lower rate from my bank on a similar loan amount. I am going to stop paying for my house until the bank lowers my interest rate.  Come to think of it, same goes for my car loan. And wait just a minute! my taxes are too dang high. I'm not payin' the IRS until they lower my rate!

This is good! I feel liberated by Barber and Hamlin. Thank you guys! You're the best!

Another user-created commentary provided by a BTB reader.

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Another side

I think you have to look at it the other way in that example as well. It’s not like your bank can decide they don’t like how much you pay for your house anymore and just kick you out of it. I realize the CBA isn’t set up to favor the players in this aspect, but it seems to me that it’s not kosher for teams to be able to cut players because they don’t think that they are playing up to their contract, but when they play above it, they don’t have the option to change the terms of the deal. The thing is, until the owners and the union come up with something new, you’re going to have holdouts. Not much you can do about it.

by Mandmeisterx on May 15, 2008 12:02 PM CDT reply actions   0 recs

Absolutely.

These are not binding contracts for either side. I like that NFL contracts are not guaranteed, so you don’t end up with dead weight holding huge contracts like the NBA. However, if the owners can terminate a contract at any point, it’s only fair that the players reserve the right to hold out. It’s more for show anyway, as teams can fine players under contract if they hold out during training camp or mandatory practices, and the only option players have is to not play, not get paid, and get fined. If a guy refuses to play for what his team will pay him, they still hold his contract and he just has to retire, like Jake Plummer.

by Baked Potato Soup on May 15, 2008 12:08 PM CDT up reply actions   0 recs

But that's not totally correct...

The signing bonus and franchise/transition tenders all represent guaranteed compensation. So there is a lot of skin in the game for the teams. Newer contracts have a gross term value but have a subset of the gross dollars guaranteed. Jake Long’s deal was huge, but only $30 million (did I just say ONLY $30 million?) is guaranteed.

I like what you said about the deals not being binding. But that contradicts the defnition of a contractual relationship. There is an entire field within the legal arena that revolves around contracts and no contract attorney would call these contracts. It really is an interesting dilemma for the NFL.

by 5Blings on May 15, 2008 12:49 PM CDT up reply actions   0 recs

thats not true

a contract by definition is an offer, an acceptance of that offer and consideration and I quarantee all NFL contracts meet that definition.

These contracts are binding, just not quaranteed and that is the difference.

In Romo we Trust

by Terry on May 15, 2008 3:01 PM CDT up reply actions   0 recs

100% correct

They’re just contracts. Every contract can be broken, and some (like these) have clauses addressing that possibility.

by grapejoos on May 15, 2008 8:10 PM CDT up reply actions   0 recs

basically a contract can say anything

if both parties agree to it.

In Romo we Trust

by Terry on May 16, 2008 7:52 AM CDT up reply actions   0 recs

Terry's comment is (mostly) right

Not only can a contract say anything if both parties agree to it, two parties can agree to break a contract too. Contracts can be specifically terminable at will by one or both parties (like when you buy a sporting ticket – it’s a contract allowing you to attend, terminable at the will of the establishment if you break the rules). In the case of NFL contracts, there is a system in place where the guaranteed portions are due when the contract is terminated but the rest isn’t. I’m not sure if that’s language in every contract (boilerplate) or if it’s some overarching part of the CBA.

Basically, almost any contract can be broken and money substituted for its performance (and any contract fits that description if the parties agree it’s ok). There are very, very few kinds of contracts that someone can break and a court will order the contract carried out by the breaching party.

by grapejoos on May 17, 2008 12:11 PM CDT up reply actions   0 recs

MB3 and Hamlin

I can understand holding out when there is a contract being “forced” on you. There is another player I’d like to bag on for holding out.

Similar to Lito, Kellen Winslow doesn’t want to honor a contract he signed. He hasn’t shown up to OTAs and has made it clear in the past he wanted his contract reworked. Keep in mind it was the Browns who reworked his deal after his STUPID motorcycle accident in 2005. Now, after 2 good years Winslow is (probably) going to hold out and ask for more money. That’s the sort of thing that bugs me….

Picking a random blog comment and wielding it as a club to bash "blogs" is like picking a random romance novel off an airport bookstore shelf and saying, "This book sucks. Fuck you, Tolstoy -- your medium is worthless!" - Ken Tremendous

by TheBZA on May 15, 2008 12:14 PM CDT reply actions   0 recs

Its simple

players hold out because they know their contracts aren’t quaranteed and teams can cut them at a moments notice so therefore they feel they must obtain as much money as possible now for that reason and because the money won’t be there in the future after they play out their contracts.

In Romo we Trust

by Terry on May 15, 2008 12:15 PM CDT reply actions   0 recs

Hamlin was just one Serius Radio

but I missed it. He apparently discussed why he is not attending the workouts. I’m sure someone will find out what he said later.

by Boyzfan94 on May 15, 2008 12:16 PM CDT reply actions   0 recs

I heard it

He said he is working out in Houston like he has in the past.

He also talked about Roy, His contract, and the Draft Class.

He said Roy is focused and Ready to go. He went on to say he thinks Roy is talented enough to play in the box and Centerfield-Roy was getting better as the season went along playing the deep safety and he will show it this season.

He talked about the contract a little, but it really doesn’t seem close to getting done.

He thought we had a pretty good draft class. Happy to have another arkansas player on the team. He said the Rookie CB’s are going have to step up and contribute this season.

"If y'all fresh to death, then I'm deceased."

by Wmillion on May 15, 2008 1:10 PM CDT reply actions   0 recs

Huge Difference

There is a HUGE difference between Shepherd and MB3/Hamlin. The terms holdout and unsigned are often incorrectly used interchangeably but they are very, very different.

Shepherd is under contract so he will indeed be a holdout if he doesn’t report to training camp. A holdout is someone who is not honoring their contract. I have a big problem with players not honoring their contracts.

MB3 and Hamlin are unsigned. An unsigned player is by definition not under contract and therefore has no obligations whatsoever to any team. The fact that Dallas holds exclusive rights to sign MB3 and Hamlin to a contract does not obligate those two to sign the contracts Dallas offers. I have no problem with MB3 and Hamlin not signing their contract offers. That is well within their rights.

I have said from the get-go that there is potentially a huge problem with MB3 if he isn’t signed to a long-term deal. He won’t want to play for the tender offer of $2.5M because it is way under his market value and also because of the injury risk. If he is injured, he may not get the huge signing bonus that will surely come with unrestricted free agency. I will be very surprised if he signs his tender offer before late August, and it wouldn’t surprise me in the least if he played only the first eight games under the tender offer and then held out. I believe eight games is the minimum necessary to accrue another year of eligibility for free agency. It’s all about getting that huge signing bonus for MB3. Dallas made a great move drafting Choice because he gives them coverage to deal with this very possible scenario.

by Cowboy Louie on May 15, 2008 2:50 PM CDT reply actions   0 recs

But Louie...

If they can’t sign with anyone else (short of a player trade), they are, for all intents and purposes, stuck HAVING to play for Dallas for one year and then going back through a different cycle. Help me out here, am I missing something? The CBA wasn’t supposed to engender this kind of behavior, which is why we will have a strike in 2010.

As for the players, I wouldn’t give MB3 a huge bonus because his style is conducive to injuries and he has to know that he hasn’t had a regular season start. Hamlin could have been a one-year wonder. He’s not Ed Reed, for goodness’ sake.

by 5Blings on May 15, 2008 5:17 PM CDT up reply actions   0 recs

They dont HAVE to play for Dallas this year

They can elect to not play at all. They just can’t play for anyone BUT Dallas basically. And the CBA was structured for this type of scenario. That’s why there are Franchise and other level tender tags in the CBA which was ratified by both the NFL and NFLPA. Both sides agreed to play by these rules. As for true holdouts, like Winslow possibly holding out, we as fans cant complain about players holding out because “they signed a contract and need to honor it” and then turn right around and say “cut that bum Roy Williams” because he isn’t playing up to his contract. In fact, the players have even less leverage in these cases than the teams since the team can fine the player but the player has no recourse if he gets cut prior to his contract expiring.

by WB3forMB3 on May 15, 2008 6:02 PM CDT up reply actions   0 recs

The CBA and MB3

No, the CBA isn’t supposed to engender this kind of behavior, but anytime you put restrictions on freedom that do not allow a proven player to play for near his fair market value, there are going to be huge problems. People often equate money with respect and a feeling of being valued. The current CBA all to often creates gross inequities between worth and salary for proven players. The tender offer for first & third round restricted players should be about 85-95% of the franchise tag for the respective positions. The first round restriction should be about 70-85% of the franchise tag. At least the player would be paid close to market.

I’ve elaborated before on this blog that I think the MB3 situation is a no-win for either side. Dallas does not want to pay MB3 the money that premier, feature running backs make. In my opinion, they should not even consider signing MB3 to a long-term deal. MB3 on the other hand simply wants to cash in on that One Big Contract with that One Big Signing bonus so he is set for life. I can’t fault him there at all. I know most on this board will disagree with me (or not want to hear this) but if I were in MB3’s situation, I would demand a multi-year deal with a big signing bonus or a one-year deal for close to the franchise tag amount. If the Cowboys didn’t budge off the $2.5M tender offer, I would sign my one-year tender offer after the eighth game of the season, thereby guaranteeing the accrual of the final year needed to obtain unrestricted free agency status. That way he is playing by the rules and not breaking a moral obligation by not upholding his contract. The single most important thing for MB3 is to get that signing bonus. The decisions he makes about when and if he signs his tender offer will be, to a great degree, dictated by the goal of minimizing his risk (read: risk=injury) of getting that bonus.

I know that sounds greedy and cynical, but my opinions are shaped by my experiences with human behavior. When it comes to money, things like loyalty and being a ‘good soldier’ often go right out the window. I suspect the Cowboys have several contingency plans in place in case the MB3 situation gets nasty and he isn’t around for the entire season.

by Cowboy Louie on May 15, 2008 6:24 PM CDT reply actions   1 recs

Very well said

You can’t fault either side, they both need to be fiscally responsible.

by ChrisRichey on May 15, 2008 11:41 PM CDT up reply actions   0 recs

great post Louie......
I think the MB3 situation is a no-win for either side. Dallas does not want to pay MB3 the money that premier, feature running backs make. In my opinion, they should not even consider signing MB3 to a long-term deal. MB3 on the other hand simply wants to cash in on that One Big Contract with that One Big Signing bonus so he is set for life. I can’t fault him there at all.

totally agree there…..on all fronts…

A true diehard Cowboys fan since 1975.

"If you don’t take him off the field as a coach, he will just about die out there," Jerry Jones said. "That impacted my decision. It’s a Michael Irvin-type work ethic. That’s what we are talking about with Felix Jones."
- Owner/G.M of the Dallas Cowboys , Jerry Jones

by BoyzRback on May 15, 2008 8:12 PM CDT reply actions   0 recs

Louie spelled it out

it is business…

"If y'all fresh to death, then I'm deceased."

by Wmillion on May 15, 2008 9:08 PM CDT up reply actions   0 recs

works both ways

you never hear people asking about “binding” contracts when organizations cut an extremely loyal and once valuable veteran who gets to old or gets hurt. Ask Emmitt if his contract was “binding” when he got cut. It works both ways.

by Tuna Helper on May 15, 2008 9:33 PM CDT reply actions   0 recs

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