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DMo a no-show to today's physical

Discussion in 'Houston Rockets: Game Action & Roster Moves' started by joshuaao, Dec 6, 2016.

  1. Aleron

    Aleron Contributing Member

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    Courts, all the way up to SCOTUS tend to support CBA terms over state laws in such disagreements.
     
  2. Bobbythegreat

    Bobbythegreat Member
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    I think he should play the "My agent is an idiot" card and show up for his physical tomorrow so he at least has a paycheck this year.
     
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  3. opticon

    opticon Member

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    LOL all I can do is comment on the current situation.

    If I was his agent I would have told him to take the 4.4 mil and be unrestricted like Greg Munroe did back in July. Or I would have gotten into serious talks with Euro-league team in July.

    Also I would have told him to play in the Olympics to show case him self.

    What is happening right now is stupid.
     
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  4. heypartner

    heypartner Contributing Member

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    I don't know where you are going with this. Larry Coon clearly states otherwise.

    -----------------------------------------
    http://cbafaq.com/blog/?p=381

    So, summarizing what the rule says:
    1. Houston is allowed to make its first refusal exercise notice contingent on Motiejunas passing a physical.
    2. The player must submit to and cooperate with his physical, which is to take place within two days of the exercise of the first refusal exercise notice.
    3. If Motiejunas doesn’t report for his physical, Houston’s first refusal exercise notice remains in effect until he does.
    -----------------------------------------​

    And that last point means he is essentially in breach of contract and can be disciplined. And he can lose a year of service if he doesn't report within 30 days. This is all in Larry Coon's article today. There is a thread on this that I created.

    Further by Coon, that I already posted to you

    And it could get worse for him. The CBA also says a player shall not receive credit for a year of service for any year in which he “…withholds playing services called for by a Player Contract or this Agreement for more than thirty (30) days after the Season begins.”
     
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  5. heypartner

    heypartner Contributing Member

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    Yes he can and Yes he is. Coon clearly states that.
     
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  6. FANfrom86toNow

    FANfrom86toNow Contributing Member

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    You sound about as stupid as a bowl of ROCKS if you think that is like DMo playing chess.

    You really think a guy who has had back surgery, didn't play as good when he came back, was never a superstar or superstar role player, got a lower offer and refused to take a physical for the team that matched.....will get a more lucrative deal with another team next year after being out of basketball for a whole year? Bwahahahaha
     
  7. KlutchQT

    KlutchQT Contributing Member

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    I think his point is just highlighting the difference between employment at will vs. situations where a CBA governs. There are some people here arguing that even in the absence of a CBA or written contract of employment, you are subject to legal ramifications for reneging on an accepted job offer. Unless it's a unique circumstance where you've made verbal assurances about the duration of your employment or something similar, that is simply not true. There is really no reason to compare DMo's situation to that of an at-will employee who changes his or her mind at the last moment.

    Source: 9 years of practicing employment law.
     
  8. opticon

    opticon Member

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    I got my stance from the same source as you. Larry said discipline. That does not mean a financial fine. The fact that the offer can expire leads me to believe that financial fines to the player are not in play right now.

    You have been in dialogue with Bobby Marks. Ask him and Larry point blank if the rockets can fine Dmo money if he does not report for the physical after 48 hours.

    When ever a player holds out in sports reports always mention how much the team can fine a player for now showing up. No one is mentioning any thing about fines.

    If that was a possibility it would have been mentioned by now.
     
  9. Snow Villiers

    Snow Villiers Member

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    How much can they fine him per day?
     
  10. opticon

    opticon Member

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    If Dmo can be fined actual Money how no one is the Basketball world has said how much the fines would all day?

    I am asking a serous question here. The language says discipline that does not necessarily mean fine.

    That's all I am saying.
     
  11. opticon

    opticon Member

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    That is the 6 million dollar question. No one has an answer yet. I guess we will all find out in two days lol.
     
  12. Haymitch

    Haymitch Custom Title
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    So you think they're talking about sending him to detention or spanking him? You don't think the discipline will be in the form or fines?
     
    #752 Haymitch, Dec 6, 2016
    Last edited: Dec 6, 2016
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  13. Mr. Motiejunas

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    Haven't heard anything yet. Looks like things are being held pretty close to the vest right now. If I had to guess at this moment in time, he shows up for the physical within 2 day. Morey isn't giving in.
     
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  14. SuperS32

    SuperS32 Member

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    According to Nets fans sticking point in DMO's mind is that Rockets are only paying out $31 million, not the entire $37 million, at least :

    http://www.netsdaily.com/2016/12/6/...ining-the-nets-how-about-the-rockets#comments

    Apparently, the Rockets don’t believe they are bound by the Nets promise of incentive bonuses, making the value of the contract $31 million over four, rather than $37 million."

    According to one post in the comments section:

    "CBA Article XI Section 5(b)(1) says that the old team has to match the "Principal Terms" of the offer sheet. The "Principal Terms" of the offer sheet include, among other things, "Likely Bonuses." (Article XI, Section 5(d)). If there is a dispute, the parties have to submit to expedited arbitration (Article XI, Section 5(l)) within 5 days. Also, if all parties (new team, old team and player) agree, an offer sheet can be rescinded—if that it happens, player can sign with ANYteam. (Article XI, Section 5 (j)). I wonder if there is a dispute about what the "Principal Terms" are—$35 or $31 million? If Houston thinks the Principal Terms are $31, and DM thinks they’re $35, that could make things interesting."

    Seems like this is the issue
     
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  15. jbasket

    jbasket Member

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    More lucrative deal?LOLLLLLLLLLLLLLLLLLLLLL.

    Ain't nobody signing a guy with back problems who dodged a physical for more money than this.

    JB
     
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  16. DaDakota

    DaDakota If you want to know, just ask!

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    But it expires in March.

    DD
     
  17. gory

    gory Member

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    if this is true... I can understand DMo. Neither Rockets or DMo are angels in this situation.
     
  18. opticon

    opticon Member

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    When Player's miss games they miss game checks.

    Player X was suspended without pay. That is a form of discipline or even being banned temporarily from the facility.

    Docking Pay and having to Pay a fine are two different forms of discipline. Just because you can do one does not mean you can do the other.
     
  19. malakas

    malakas Member

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    Good morning! 20+ new pages on this lol anyone care to make a summary of any new developments since last night? Or are we just speculating?
     
  20. DaDakota

    DaDakota If you want to know, just ask!

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    Yes, this is the issue, that is $4m he would likely earn, and the Rockets apparently are being hard asses about it, and DMo is like - nope nope nope...you have to match them.

    Honestly, BJ should say this publicly - to call it out - that is what a good agent would do.

    DD
     

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