This injury happened before he signed. If he signs now, both parties are aware of the injury and sign anyway. So the contract isn't binding against non-football injuries because there is no contract, is it? Can't say I know, because I don't, but the CBA seems to refer to players under contract not injuries to FAs under contract. I didn't see it say tendered but not signed franchise tags.
it doesn't say anything about a non-football injury
and I wonder - if he signs the contract after the injury - if in fact the cause is relevant to that - because technically he would have received the injury before he signed and it might be deemed as a known condition at the time of signing
relevant language:
Quote:
For purposes of this Subsection only, any contract termination due to the failure of the player to establish or maintain his excellent physical condition will be subject to review of a neutral physician appointed by the par- ties, whose physical findings will be conclusive in any arbitration proceeding relating to the physical condition of the player at the time of the exam, provided that such exam takes place within twenty (20) days of the contract termination.
The Giants can opt to pull the tender offer from Pierre-Paul at any time which would, in turn, allow him to become an unrestricted free agent, at a time when he may be completely unable to play football. Even if he had signed the contract he would have no protection since the guarantee in the contract is for football injury only, meaning the Giants could place him on a non-Football injury list and avoid payment completely if they so desired.
or is the language the same for every player tagged?
and if you can insert a clause, is it too late to insert one?
although it's an interesting point regarding the idea that if the Giants don't rescind the offer, this becomes a known pre-existing condition, I would hope that since the Giants had a deadline on which to make an offer, the guarantees/non guarantees would be based on player condition at the time of the offer.
also, wonder if it's an all or nothing guarantee (full season vs games actually played).
I'm guessing Giants lawyers and medical staff have been studying every aspect of the situation for the last 30ish hours deciding what to do.
thanks. the rest of the story was pretty informative, too.
there was talk about alternatives to the all or nothing scenario. link to OTC story - ( New Window )
Florio's interpretation of the rule supports Blogs
He says the Giants can put JPP on the non-football injury list and then pay him what a player with an injured hand is worth - JPP can challenge the designation and salary set -- but FLorio thinks his injury record (the burn) would definitely work against him Link - ( New Window )
Or mute in BBI terminology.
relevant language:
The Giants can opt to pull the tender offer from Pierre-Paul at any time which would, in turn, allow him to become an unrestricted free agent, at a time when he may be completely unable to play football. Even if he had signed the contract he would have no protection since the guarantee in the contract is for football injury only, meaning the Giants could place him on a non-Football injury list and avoid payment completely if they so desired.
and if you can insert a clause, is it too late to insert one?
although it's an interesting point regarding the idea that if the Giants don't rescind the offer, this becomes a known pre-existing condition, I would hope that since the Giants had a deadline on which to make an offer, the guarantees/non guarantees would be based on player condition at the time of the offer.
also, wonder if it's an all or nothing guarantee (full season vs games actually played).
I'm guessing Giants lawyers and medical staff have been studying every aspect of the situation for the last 30ish hours deciding what to do.
Beyond 2015/16 is the question. Hand or no hand, he's here for 2015 IMO.
there was talk about alternatives to the all or nothing scenario.
link to OTC story - ( New Window )
Link - ( New Window )
Beyond 2015/16 is the question. Hand or no hand, he's here for 2015 IMO.
If the Giants do pull the offer, the $14.5M saved against the cap could be used next year IIRC.