08-31-2016, 06:51 PM
(08-31-2016, 06:30 PM)ShowMeUrTDs Wrote: 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.
Agreed, but I think some of that would get really murky.
I think his goal was to spur conversation, which he has done. Unfortunately, I think there are many who don't want to talk about the issue and try to pivot away from it. Claiming that he is anti military, that he is disrespecting the troops, that he is not active in his community (I personally don't know how active he is or isn't). I think it is easy to try to change the subject because it is a difficult one to have. Unfortunately, I think it is one that needs to take place with open minds.
