08-31-2016, 06:30 PM
(08-31-2016, 06:06 PM)OrlandoBengal Wrote: Are you an employment law attorney? I am not, but run a successful executive placement firm and know a fair amount of employment law. Yes, "conduct detrimental" is a wide ranging clause, but what has Kaepernick done that is detrimental to the league?
I am not saying you're wrong, but think the union and any number of qualified attorneys would love to face off against the NFL on this subject.
Let's just say I'm in the "profession." If you deal frequently in employment law, then you know that most of it is contract based, and some legislative/administrative. The NFL CBA's "conduct detrimental" policy was purposely designed to give them wide discretion, and the players agreed to it. All the 49ers, or the NFL would have to say is his actions have disturbed the operations of the team and could take any number of actions from fining him to a dismissal, the contract is that opaque. This is why so many have issues with "God"dell and what they say are inconsistent decisions because he has the authority under the contract to do what he wants when it comes to player conduct.
I agree many attorneys would love to take it up with the NFL, and I think the NFL or team owners won't do anything about it either.
As far as the Constitutional right to free speech and expression, only protects us from the Government from infringing upon those rights, not private companies. Private individuals and companies also have the right to contractually waive rights they would otherwise have. There are laws that require employers to act in a certain manner(mostly in the hiring process), such as, the Civil Rights Acts and the Equal Opportunity Act, but none requiring a private entity to afford you freedom of speech or expression.
