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Contract Termination? (mod: Petr Sykora)

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01-27-2010, 03:36 PM
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leopard
 
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Contract Termination? (mod: Petr Sykora)

From http://www.spectorshockey.net/index....umors&Itemid=4

Is this even allowed under the current CBA?

STARTRIBUNE.COM: Michael Russo reports the Minnesota Wild have officially demoted forward Petr Sykora to their AHL affiliate in Houston but he's refused to report. The two sides have mutually agreed to terminate his contract pending NHL approval, which would make him an unrestricted free agent. Sykora will then be free to sign with any NHL team other than the Wild prior to the March 3rd trade deadline.

SPECTOR'S NOTE: Russo also reported it was believed the Wild might've been close to trading him last week but it fell through.


I was under the impression that this is not possible. Couldn't you do this with anyone then? What prevents the Oilers to rework Shaun Horcoff's horrible contract then (eg.)?

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01-27-2010, 05:07 PM
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mouser
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Contracts can be terminated if the player is in violation of the contract and doesn't remedy it. In this case since Sykora refused to report to the AHL, yes the team can term his contract. However had Sykora reported the Wild would have been obligated to pay him his one-way NHL salary while he played in the AHL.

The Oilers can't "rework" Horcoff's contract, just like the Wild couldn't rework Sykora's. Hypothetically, at most the Oilers could waive Horcoff and hope another team claims him or that he cleared and refused to report to the AHL also, thus being in violation of his contract. Again hypothetically, do you think Horcoff would willing put himself in violation knowing he's not going to get anywhere near that much $ if he became a UFA now?

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01-27-2010, 05:30 PM
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Quote:
Originally Posted by mouser View Post
Contracts can be terminated if the player is in violation of the contract and doesn't remedy it. In this case since Sykora refused to report to the AHL, yes the team can term his contract. However had Sykora reported the Wild would have been obligated to pay him his one-way NHL salary while he played in the AHL.

The Oilers can't "rework" Horcoff's contract, just like the Wild couldn't rework Sykora's. Hypothetically, at most the Oilers could waive Horcoff and hope another team claims him or that he cleared and refused to report to the AHL also, thus being in violation of his contract. Again hypothetically, do you think Horcoff would willing put himself in violation knowing he's not going to get anywhere near that much $ if he became a UFA now?
I was thinking more along the lines of an arrangement b/w the Oilers and Horcoff. ie. Closer to a $3 mil cap hit compared to currently. Was wondering if the Wild accidently found a CBA loophole. Obviously both parties would have to trust each other and be willing to agree to end terms.

What stops teams from doing this to all of their players? or is this just something we are going to see more often with middling players not living up to their contracts?

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01-27-2010, 06:29 PM
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Quote:
Originally Posted by leopard View Post
I was thinking more along the lines of an arrangement b/w the Oilers and Horcoff. ie. Closer to a $3 mil cap hit compared to currently. Was wondering if the Wild accidently found a CBA loophole. Obviously both parties would have to trust each other and be willing to agree to end terms.

What stops teams from doing this to all of their players? or is this just something we are going to see more often with middling players not living up to their contracts?
Any agreement between the team and player would be a violation of the No Circumvention rules of Article 26.

And if a player refused to report, was released, and immediately resigned - that, on it's own, would probably be enough circumstantial evidence for the System Arbitrator to rule against the player & team (conduct that cannot be reasonably explained absent circumvention).

End result: the new contract is voided, the player faces a fine up to $1M, the team faces a fine of up to $5M (which counts against the cap), the team forfeits draft picks, the GM could be suspended, ...

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01-27-2010, 06:51 PM
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Kyle McMahon
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Quote:
Originally Posted by mouser View Post
Contracts can be terminated if the player is in violation of the contract and doesn't remedy it. In this case since Sykora refused to report to the AHL, yes the team can term his contract. However had Sykora reported the Wild would have been obligated to pay him his one-way NHL salary while he played in the AHL.

The Oilers can't "rework" Horcoff's contract, just like the Wild couldn't rework Sykora's. Hypothetically, at most the Oilers could waive Horcoff and hope another team claims him or that he cleared and refused to report to the AHL also, thus being in violation of his contract. Again hypothetically, do you think Horcoff would willing put himself in violation knowing he's not going to get anywhere near that much $ if he became a UFA now?
Horcoff has a No Movement Clause, or so I've been informed

There is literally no way out of that contract save for some personal conduct violation that gives the Oilers valid pretext to void the contract. Maybe Horcoff will start a dogfighting ring...

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01-28-2010, 04:33 AM
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Quote:
Originally Posted by leopard View Post
Was wondering if the Wild accidently found a CBA loophole.
Even if this is a loophole, the Wild definitely aren't the first to use it. For instance, in 2006 the Pens voided John LeClair's contract using exactly the same mechanism, i.e. Pens demoted LeClair to the AHL but LeClair refused to report. I believe some other teams have done the same thing in the past few years.

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01-28-2010, 10:40 AM
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Both sides wanted to tear up the contract....how is that a CBA loophole?
He didn't want to adhere to his contract and wanted it voided...the Wild didn't want to fight and wanted it voided.

Does a contract exist anywhere that both sides agreeing to terminate the contract are unable to do so? Is that even legal?

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01-28-2010, 03:56 PM
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Originally Posted by Midnight View Post
Even if this is a loophole, the Wild definitely aren't the first to use it. For instance, in 2006 the Pens voided John LeClair's contract using exactly the same mechanism, i.e. Pens demoted LeClair to the AHL but LeClair refused to report. I believe some other teams have done the same thing in the past few years.
Think it was the same mechanism used by Jersey and Shanahan.

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01-30-2010, 04:05 PM
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Sykora released?

I just heard on the Team 1200 in Ottawa that Sykora was released by the Wild. Apparently, after he cleared waivers, the NHL and NHLPA agreed to terminate his contract, and Minnesota is no longer on the hook for his cap hit.

Google turns up a couple hits about it, but I haven't found a link confirming it.

How does this work? And can Ottawa release Cheechoo?

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01-30-2010, 04:12 PM
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I believe he declined to report to the AHL team where he was assigned after clearing waivers.

If a player refuses to report, the team can suspend him-- which would remove the cap hit while he's serving the suspension.

A bit more on the mutual agreement to terminate the remainder of the 1 yr contract:

http://www.startribune.com/blogs/827...D3aPc:_Yyc:aUU

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01-30-2010, 05:25 PM
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mouser
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Originally Posted by Black Tooth Grin View Post
How does this work? And can Ottawa release Cheechoo?
Merged into the thread from a couple days ago that addresses Sykora.

re: Cheechoo, does he want to be released/have his contract terminated?

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02-01-2010, 02:32 AM
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IIRC, Russo (Our Wild Beat Writer) stated that when he was signed to his 1-year contract it had a stipulation in it that stated if he was ever being waived and a team did not pick up his contract, the two could part ways without him having to report to the AHL affiliate nor would the Wild have to continue to pay his contract out for the season. Essentially, it was a "lets see how you play, if it doesn't work you can head back to Europe" type contract.

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