How will conflict over cancellation of Kaepernick workout be resolved?

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The dueling reports regarding the reasons for the cancellation of the Colin Kaepernick workout in Seattle set the stage for a good, old-fashioned pissing match. From Kaepernick’s perspective (as reported by ESPN, Yahoo Sports, and PFT), the Seahawks canceled the workout because Kaepernick declined to commit that he wouldn’t kneel during the anthem. From the team’s perspective (as reported by the media outlet owned and operated by the Seahawks and the other 31 NFL teams), the Seahawks opted to delay the workout because they wanted to know more about Kaepernick’s broader plan regarding the situation.

Clearly, the dispute regarding the facts of the interactions between the Seahawks and Kaepernick will become an issue in his collusion grievance, which already was due to include depositions of Seahawks coach Pete Carroll and Seahawks G.M. John Schneider. If those interactions happened verbally, the truth will be resolved by an assessment of the accuracy and overall credibility of the witnesses. If those interactions happened via email or text message, it may be a lot easier to decide who’s telling the truth, and who isn’t.

Meanwhile, a tweet posted by Ian Rapoport of NFL Media following his first two Twitter entries confirms that the “plan” about which the Seahawks are curious includes Kaepernick’s “lawsuit” — more specifically, his collusion grievance. Quite possibly, the Seahawks and the NFL hope that an offer of employment will prompt Kaepernick to abandon his collusion claim, as part of a formal settlement. Although attorney Mark Geragos was willing to walk away from the collusion case in its early stages, it’s possible that he’ll react differently now that evidence to support the claim has been harvested.

This is a common dynamic in employment litigation. Early on, the business refuses to consider settlement, opting to fight, fight, and fight some more. Then, after realizing following a few rounds (and one or two standing-eight counts) that the fight may not end well, settlement suddenly becomes far more palatable.

For Kaepernick and Geragos, the question possibly becomes whether they’re willing at this point to let the league and its teams off the ropes, or whether they choose to punch them through.

91 responses to “How will conflict over cancellation of Kaepernick workout be resolved?

  1. How will conflict over the cancellation of Kaepernick workout be resolved? It will remind teams CK ain’t worth the hassle. Everyone knows Ck won’t get anything out of the lawsuit.

  2. It’s very difficult to make people do things they don’t want to do (e.g. hire Kap). It can be done, but it’s tough. Owners don’t want to hire him. Making them change their minds won’t be wasy.

  3. Individual teams asking questions that impact their fan base, sponsors and ability to focus on football is not evidence of collusion. To the contrary, it is evidence that they are acting independently, thinking for and about themselves. Evidence of collusion would be if no teams kicked tires on guys like Reid and Kaepernick, which is not happening. I really don’t care how or whether this is resolved, in court or otherwise. Teams need to be able to care about their own PR and involving themselves in unwanted controversy, period.

  4. All I can say is that if Kaepernick signed with my team, I wouldn’t like it. I wouldn’t say that I would no longer be a fan…but I wouldn’t have much interest in “donating” my money to them. If someone turns off your customers…that’s a pretty good reason not to hire someone.

  5. Just make us all happy and let Kaepernick go away. Can’t stand the guy Don’t even like hearing his name mentioned. A fan of football, police, and country.

  6. Why can’t these idiots understand that we just want to watch football not political s#%t! If your into political s*#t then turn to CNN and if your an athlete and want to protest do it on CNN. I just want 3 hrs of ass kicking football!!!!

  7. It will go something like this:

    The talentless loudmouth will remain jobless.

    The 2018 season will continue as scheduled.

    And life will go on.

  8. What conflict?
    Kaepernick will lose.
    And even if he does win, he’s still a terrible QB.

  9. this is a media fabricated story. it will be “resolved” by yhe hawks signing a different QB

    kap had 1.5 years to answer an obvioys question from an employer…for him to not have an answer is silly and unprofessional. He cant possihly think his committment to playing and not being a distration isnt an issue

  10. As I tell my sons if you’re willing to take a stand, be willing to pay the consequences! Yes I believe in Kapernicks cause but the point isn’t whether he’s wrong or right here. Throughout history and especially American history those that speak out get slapped down. That’s not wrong or right that’s just the facts. If you believe strongly in something that’s great but just know that not everyone is going to agree. He chose to stand for civil rights, well there are a lot of people that don’t support that. Dont bitch about it. Go on with your lawsuit, which I believe he’ll win and move on with your life.

  11. “[Kaepernick] you can have the NFL’s answer now, if you like. The offer is this: nothing. Not even the fee for the [workout], which I would appreciate if you would put up personally.”

    — Godfather as seen on the NFL Network

  12. This is no different than being guilt tripped into buying some crap you don’t want from some lousy fundraiser that you don’t even want to be at

  13. If the Seahawks independently tell Kaep to go to hell, and the Ravens independently tell him to go to hell, and old school bigot McNair independently tells him to go to hell, and Mike Brown tells Eric Reid he is scum for kneeling… this still means no collusion.

    Its just 32 individual peaceful protests against guys who kneel.

  14. Just sign him, let him play in preseason and then keep him if he can put up numbers or cut him and say his performance wasn’t good enough.
    Fair for everyone.

  15. “For Kaepernick and Geragos, the question possibly becomes whether they’re willing at this point to let the league and its teams off the ropes, or whether they choose to punch them through.”

    Where is it written that the NFL is “on the ropes”? Absent some written directive from the league that Kaepernick is not to be signed, it is Kaepernick who bears the burden of proof. He has to prove to a jury that the league conspired against him when the most plausible explanation is that 32 individual teams arrived at the same conclusion independent of the league–signing a guy who had hurt their team financially wasn’t in the interest of their team.

  16. Kaep seems to be socially aware enough to realize that unless he sticks it out and gets a clean win, he’d just be leaving the responsibility to the next guy. And the next guy might be his old teammate, Eric Reid, who himself went out on a limb to support Kaep. Sticking out the lawsuit is the right thing to do. So is giving Kaepernick a job, given that he’s one of the best quarterback prospects remaining without one, and has done nothing other than express his political beliefs in a respectful way when called upon to express his political beliefs. The owners don’t have a leg to stand on here.

  17. Everyone is colluding against Krapernick. Just like they are colluding against me. I want to play QB in the NFL and can’t get anyone to return my calls.

  18. Bet he’d stand if he couldn’t do it all over again! He’s past the point of no return. Now he has to live on his knees – something no man wants or deserves!

  19. Why would any team want a polarizing figure like this who hasn’t played in over a season & wasn’t very good the last time he played?
    Why is it always about the anthem & no one ever mentions the “pig” socks & Castro shirt?

  20. Ok, so I’m ready to hire you, but before I do, I need you to drop your claim. Very reasonable. I’m not hiring someone that’s suing me – period.

  21. I’m sorry but can you please tell me again what needs to be resolved here?

    As I understand it, the team asked him if he would kneel or stand for the anthem. He said he would kneel, so the team said thanks, but no thanks. We’ll look elsewhere for a backup QB.

    To me it looks like the issue was resolved the moment they told Kaep that his services would not be required.

  22. People keep conflating this issue with collusion – but its not the same.

    No rational person ever doubted that at least some teams werent interested in Kap due to publicity rather than football reasons.

    But theres no rule against turning down a player for public relations reasons.

  23. zeke2517 says:

    April 12, 2018 at 10:07 pm

    I don’t care who stands for the magic song at friggin’ football games.

    Do you?

    ==============

    As a matter of fact, yes I do. I’ve lost friends and family who defended that flag/anthem. So it is something that is important to me.

  24. There is no conflict. Seattle is allowed to not want him due to protesting.

    The only way somebody sees an issue to be resolved is if they think the NFL actually OWES Kap a job. They don’t.

    The fact Kap would not commit to stopping his anthem grandstanding tells me that he’s not really serious about playing. It seems he’s happier being a symbolic martyr than a backup QB.

  25. good god…let it go already..yep the whole world is out to get you..its one big conspiracy, how’d you guess?

  26. Employers have the right to inform their employees that the following will not be allowed, or permitted at work: illegal drug use, consumption of alcohol, under the influence of drugs and/or alcohol, no discussion of politics and/or religion, etc.

    NFL players are at work. If the commissioner, or an owner, says no politics will be discussed or portrayed while employees are at work, said owner and/or the commissioner have that right.

    Why is it that some people feel that since X player is a professional athlete, they’re allowed to do or say whatever they want while at work but, the rest of the ‘regular’ people have to abide by thier companies policies?

  27. You keep implying that evidence of a team not signing Kaepernick because of his kneeling for the anthem is some kind of smoking gun in his lawsuit. It does absolutely nothing to support his claim that there was any kind of an agreement between teams to not sign him.

  28. I went to a soccer game in Toronto last week. The America’s vs Toronto FC. They never played either countries anthem and personally I did not miss it. I also did not feel any less Patriotic than I do every day. It makes no difference to me. It was s soccer game.

  29. So you are telling me that an employer may have failed to hire someone because that individual has beliefs that do not align with those of the organization?

  30. Please read ratsfoiledagain’s post above. It says everything that needs to be said. Kap has his rights to his opinions, but so do the owners. Kap needs to keep his protests outside of the work venues. There is way too much time and legal cost’s being spent on this. I hope the league requires Kap to pay the legal bills they have acquired just like they did Jerry Jones in the Zeke Elliot case.

  31. As I tell my sons if you’re willing to take a stand, be willing to pay the consequences!

    Actually I think the problem here was that someone refused to take a stand…

  32. Once again:

    Teams not wanting him (at least partially) for non-football reasons is not collusion, and it is not illegal. He has no more right to an NFL job than I do.

    It is collusion IF AND ONLY IF two or more teams made a secret agreement not to hire him. Unless he can present evidence of this, he has absolutely no case as it is entirely plausible that after all his antics, all 32 teams independently decided that his declining on field skills weren’t worth the headache.

    In particular, because he has only ever done well in an Option QB system and not only have NFL defenses adjusted to it, but it makes no sense to change the offense entirely for your backup. Seattle and Carolina are just about his only options. Kaepernick has been terrible as a pocket passer, as most teams want.

  33. CK is a spoiled brat who comes from money and privilege. His protests are like me promoting vegan awareness while I eat a nice juicy steak.

  34. Thumbs up if you’ve EVER in your life been required by an employer to stand for the anthem, take the Pledge of Allegiance, etc.

    I’m in my 50’s and I never have. I love America. I’d be more than a bit chapped if an employer REQUIRED I pay fealty, though. My patriotism isn’t something someone else owns.

    Weird one.

  35. He caused a major conflict, He was lucky the Hawks would even talk to him, then on top of it he wouldn’t say he would stop but WOULD say he wouldn’t comment how far he would go next!!
    For crying out loud teams arent forced to sign ANY player. He wasn’t the best of the OK QBS out there wanting to work and please their employers.
    But the NFL will pay him 10 or 20 million to shut up and go away.. BUT then what?

  36. Remember when the Redskins were fined for going over the cap in a non-cap year and that wasnt collusion?

    If that wasnt collusion, no NFL team wanting to sign a mediocre backup quarterback sure as hell isn’t collusion.

  37. harshedmellow says:
    April 13, 2018 at 3:27 am
    Thumbs up if you’ve EVER in your life been required by an employer to stand for the anthem, take the Pledge of Allegiance, etc.

    I’m in my 50’s and I never have. I love America. I’d be more than a bit chapped if an employer REQUIRED I pay fealty, though. My patriotism isn’t something someone else owns.

    Weird one

    //////////////////

    Are you being paid 3-25 million a year at your job? If I was and by boss told me to stand for the National Anthem every morning before work, I would have no problem.

  38. Conflict? What conflict? Seahawks don’t want him if he is going to take the focus away from the game. Have fun selling life insurance Kaep.

  39. If I am an owner, I will hire who I want, when I want and good luck forcing someone down my throat. Besides coaches in the playoffs of course.

  40. anthony frascone says:
    April 12, 2018 at 10:08 pm
    I wonder what Pat Tillman would have said about all of this.

    ——————————————————

    Your implication is that Tillman would’ve been against Kaepernick, I guess. Active military personnel and veterans volunteer to perform dangerous work that most wouldn’t want to do, and they deserve respect for that (hey, how about respect like the GOP Congress repeatedly cutting or not passing additional veterans benefits packages? If you’re gung-ho for military action, take good care of the soldiers during – and after – service).

    However they are not sacred, sainted beings and our flag is merely a symbol, not a holy relic. And they are not the sole arbiters of what is true and right in the world.

    Our country is free and Kaepernick has the right to protest police violence against the black community (a very real issue). This topic has been completely derailed and misrepresented to become “they’re disrespecting veterans and our country”.

    If you rely on someone with a very specific agenda to tell you what someone else’s protest means, then you’re a fool. Don’t drink the koolaid.

    Hopefully Tillman would’ve been proud that the military serves this country which allows us such freedoms and not resorted to shallow, sanctimonious faux patriotism.

  41. Why do I keep reading that it’s good for Kaepernick’s collusion case if the Seahawks decided not to sign him over his kneeling stance? Collusion means teams conspired together not to sign him. The Seahawks telling him they don’t want him if he’s going to kneel is about the Seahawks, not the league.

  42. If he did win, it would trigger an avalanche of “getting to have your cake and eat it too” lawsuits. It’d be worse than the tobacco lawsuit era/concussion lawsuit era put together.

  43. If CK is looking to secure his chances of never playing in the NFL again he should continue doing just what he’s doing.

  44. The only conflict is the one the media keeps pushing cause the fans, coaches, owners and most players are done with it. Football is a team sport having a player who pulls the media spotlight to himself for non-football issues is a distraction that no team or fan wants.

  45. alphadux2u says:
    April 12, 2018 at 11:47 pm
    Kaep > RG3. There’s your proof. Case closed
    ///////////////////////////
    Proof of what exactly? It is subjective, so you could make a case that Kaep isn’t getting hired because he protests on company time….legal…..it in no way proves the collusion…illegal

  46. harshedmellow says:
    April 13, 2018 at 3:27 am
    Thumbs up if you’ve EVER in your life been required by an employer to stand for the anthem, take the Pledge of Allegiance, etc.

    I’m in my 50’s and I never have. I love America. I’d be more than a bit chapped if an employer REQUIRED I pay fealty, though. My patriotism isn’t something someone else owns.

    Weird one

    ///////////////////////////////////////////////////////////////////////////////////////////////

    It’s only weird if you look at it the wrong way, as you are…

    No owner is forcing any player to stand for the Anthem. If you’re employer had a policy of standing for the Anthem, the only legal way they could enforce that is to allow employee’s to opt out, if they wish. However, nothing of the sort is what is going on here…CK is using his employer’s brand and platform, as well as that of the NFL, to forward his own political agenda. He could simply refuse to be on the field for the Anthem, better yet, he could advance his agenda on HIS OWN TIME…I’m sure there would still be controversy, but that is a much more defensible position on his part than what he has done so far. I would also be willing to bet that the dialogue would be more centered on the reason for the protest than the protest itself if he handled it that way…not to say that the premise behind these protests isn’t flawed, but you have the right to push your agenda, even if it’s a false narrative that motivates you. That being said, there is a limit on the venue you use…just because you have the right to say it doesn’t mean that it’s the right thing to say or that anytime and anywhere is appropriate. Let us not forget, as well, this whole thing wouldn’t even be a “thing” if it wasn’t for the media hype machine that feasts on division and controversy.

  47. A team would be foolish to even give him a look at this point. He isn’t good and he is making demands. If a team cuts him it is now considered racist in today’s climate. Kaepernick is done.

  48. I remember when Philly signed Mike Vick after he served time in federal prison. They did it, faced the backlash and kept it moving. So in America, it’s far better to do time in a federal penitentiary than it is to kneel during the national anthem sung so beautifully by Roseanne Barr.

  49. harshedmellow says:
    April 13, 2018 at 3:27 am

    Thumbs up if you’ve EVER in your life been required by an employer to stand for the anthem, take the Pledge of Allegiance, etc.

    I’m in my 50’s and I never have.
    __________________________________________

    Many of us have been required by an employer to stand for the National Anthem. We were also expected to salute during the entire time it was playing, additionally it was expected and required that we would ‘…defend the Constitution of the United States against all enemies, foreign and domestic…’ Thumbs up if you know who that employer was.

  50. You can’t force a team to hire this guy.

    Let’s just say they do (stranger things have happened) and the team needs him to play in a playoff situation. Let’s say they need a win and Kap throws 3 int’s and they lose. Can the team sue the courts for demanding they hire him due to most playoff revenue?

    This whole thing is a waste of time and money. If he is awarded any type of settlement and doesn’t give the entire sum to a worthy cause he is an a**.

  51. Nope, still no collusion. Just another team individually deciding that he is far more headache then talent.

  52. Um what is there to resolve? He provided a negative distraction while not being a good enough player for any team willing to put up with that. That is the resolution.

  53. With me it was never about kneeling during the anthem. I’m an army vet, and was not offended by that. Respect, I believe, was still shown because he ,knealt. I am personally more offended by those that don’t remove their hats or acknowledge the anthem. What did upset me, was when he seemed intent on going for more shock and he moved on to the socks and the shirt. That was when it went from peaceful, respectful protest, to in your face. Then it became more about that and less about his original intent.

  54. It should be pretty obvious that Kaep doesn’t want to play.

    If he comes back and plays the way he did his last couple seasons in SF, he’ll get cut and people will stop caring about what he has to say, or at least care a lot less.

    He’s better suited to be seen as a martyr and when your girlfriend accuses a league owner of being a slave trader and you show up at a deposition in a Kunta Kinte shirt, nobody should be surprised that no team wants anything to do with him.

  55. The issue is that CK et al USED the NFL platform to express their political views.
    Because the NFL has tens of millions of viewers, the players (and their enablers/supporters) think that it’s perfectly fine to use the NFL stage to get their “message” out.
    The players risk absolutely NOTHING since they are protected by both a union AND the media (which sides with the players 100% of the time no matter what crime they commit) while the NFL, the franchises, the advertisers, and the networks brand ALL suffer publicly and economically for the actions/expressions of the PLAYERS.
    If I were the NFL, I would barge in and damage “brands” or businesses that players are developing…just so they can see the full effect of someone else hijacking your business for their own purposes.
    I don’t root for players, especially today’s players (lone exception is Alejandro Villanueva) so I couldn’t care less if players suffer. They all are multi-millionaires anyway so why should I care?
    CK, by the way, pocketed a cool $11 million in 2016…so I say again…why should I care?

  56. Kaepernick thinks he has the god given right to play in the NFL. It’s not a right it’s a privilege, kinda like having a drivers license.

  57. anthony frascone says:
    April 12, 2018 at 10:08 pm
    I wonder what Pat Tillman would have said about all of this.

    ———————————————
    Well, Tillman’s widow issues the following statement: “The very action of self-expression and the freedom to speak from one’s heart–no matter those views–is what Pat and so many other Americans have given their lives for. … Pat’s service, along with that of every man and woman’s service, should never be politicized in a way that divides us.”

    And Tillman’s friend and ASU teammate, himself a Marine Corps veteran, said: “I think people will be pleasantly surprised to know that Pat might be a bit more open to it than most people, especially after coming back from Iraq. He wasn’t a big fan of the Iraq war. He believes it was an illegal war and especially the way they elaborated upon Pat’s passing, he might be right next to Kaepernick, taking a knee.”

    Think I’ll defer to the people who knew him best on what Tillman would have thought. My dad was a veteran, too. But he didn’t fight for a flag or an anthem. He fought for the Constitution of the United States. If we forget the principles on which the nation was founded, the flag and the anthem don’t mean a thing.

  58. harshedmellow says:
    April 13, 2018 at 3:27 am

    Thumbs up if you’ve EVER in your life been required by an employer to stand for the anthem, take the Pledge of Allegiance, etc.

    I’m in my 50’s and I never have.
    ……………………………………………………………….

    How many people have an employer who would let you protest on company time???

    See how that works?

  59. I cAn not wait until this is resolved. I as a fan can not stand kap of Reid protests aside. I just don’t like their style of play. I am also furious that Sherman is on my team. He ate turkey on my 50 yard line. Sherman is classless .

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