{"id":20497,"date":"2013-06-30T14:30:27","date_gmt":"2013-06-30T18:30:27","guid":{"rendered":"http:\/\/www.jetnation.com\/?p=20497"},"modified":"2013-06-30T14:37:41","modified_gmt":"2013-06-30T18:37:41","slug":"should-the-patriots-be-allowed-to-void-hernandezs-guarantees-under-nfl-rules","status":"publish","type":"post","link":"https:\/\/miletestsite.com\/jets\/2013\/06\/30\/should-the-patriots-be-allowed-to-void-hernandezs-guarantees-under-nfl-rules\/","title":{"rendered":"Should The Patriots Be Allowed To Void Hernandez\u2019s Guarantees Under NFL Rules"},"content":{"rendered":"

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Following up on a recent JetNation article<\/a> regarding Aaron Hernandez\u2019s contract multiple sources are reporting the New England Patriots were able to void his guaranteed base (season) salaries for 2013 and 14.\u00a0\u00a0 <\/span><\/p>\n

Ian Rappoport of NFL.com<\/a> had written the contract language voiding any future guaranteed salary for Hernandez was omitted:<\/p>\n

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In almost all situations, when an NFL player is suspended, he forfeits all of the future guarantees in his contract. Even if a signing bonus or base salary is guaranteed for skill, injury and salary cap, a “failure to perform” or “failure to practice” clause makes those guarantees null and void.<\/p>\n

In a surprising twist, this appears not to be the case with the five-year, $40-million extension signed by New England Patriots tight end Aaron Hernandez in August of 2012. Upon close reading of his contract language — and after confirming the development with an expert — the “failure to perform” or “failure to practice” clause that appears in similar Patriots extensions is not present. This means Hernandez might be able to keep nearly $2.5 million of the deal, even if legal troubles prevented him from taking the field.<\/p>\n<\/blockquote>\n

Hernandez was set to make fully guaranteed salaries of $1.323 million this year and $1.137 million in 2014 but without any voiding mechanism in his contract it looked as if the Patriots, while likely not paying the money, would be stuck with it counting ($2.46 million) in its entirety on their 2013 salary cap.<\/p>\n

Section 9-(g)<\/strong> of the Collective Bargaining Agreement (CBA) gives teams the right to void future guaranteed salary but terms which trigger the voiding need to be expressed within the player\u2019s contract:<\/p>\n

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(g) Voiding of Guarantees. <\/b>Notwithstanding any other provision of this Section 9, a Club and player may negotiate the circumstances under which the guarantee of any unearned Salary (including, without limitation, Paragraph 5 Salary and\/or future year roster bonuses, option bonuses or reporting bonuses) may be voided.<\/p>\n<\/blockquote>\n

Now Rappoport<\/a> is saying the Patriots believe they have been able to void Hernandez\u2019s future guarantees based upon personal conduct policies:<\/p>\n

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The New England Patriots have voided all of Aaron Hernandez’s contract guarantees, according to a source informed of the Patriots’ decision-making and an NFL Players Association source, meaning the former tight end will have to fight to receive even the portion of his signing bonus that he’s already earned.<\/p>\n

Hernandez was to receive $2.5 million in guaranteed base salaries over the next two seasons, and his contract does not have language to void that money if he fails to practice. However, the Patriots believe the Collective Bargaining Agreement covers them because he has engaged in conduct unbecoming after being arrested and charged with first-degree murder in the death of Odin Lloyd.<\/p>\n<\/blockquote>\n

Source: Ian Rappoport \/ NFL.com<\/strong><\/p>\n

Ben Volin of the Boston Globe<\/a> cites sources within the Patriots organization which believe NFL Rules and the CBA allow for the voiding because of Hernandez\u2019s \u201cdetrimental\u201d conduct:<\/p>\n

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But the Patriots believe the NFL\u2019s bylaws and collective bargaining agreement have specific language about \u201cconduct detrimental to the best interests of professional football\u201d that works in favor of them voiding all future payments to Hernandez, including an installment of his signing bonus.<\/p>\n

\u201cIt was guaranteed for skill and injury, but it wasn\u2019t guaranteed for personal conduct that cast the club in a negative light, and that\u2019s why we cut him,\u201d the source said. \u201cWe know the CBA. We are well within our rights.\u201d<\/p>\n<\/blockquote>\n

The issue with the above argument is that Hernandez was released by the Patriots under a \u201cGuaranteed Contract for Skill, Injury and Cap\u201d designation:<\/p>\n

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Per the NFL transaction wire, Aaron Hernandez was released with the designation, "Guaranteed Contract for Skill, Injury, and Cap"<\/p>\n

— Ben Volin (@BenVolin) June 26, 2013<\/a><\/p><\/blockquote>\n