Retaliation will become an issue in Kaepernick collusion grievance

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Colin Kaepernick’s case against the NFL keeps getting stronger.

Although Kaepernick’s grievance regarding his conspicuous unemployment originally arose from a claim of collusion (in other words, a coordinated effort among the teams or through the league office to the teams to keep Kaepernick out of the league), the concept that his ongoing lack of opportunities arise from retaliation will necessarily become part of his claim.

That’s not to say a new grievance or some other lawsuit is coming. Instead, look for Kaepernick to argue that what began as collusion over the notion that the collective belief that Kaepernick is “bad for business” due to his role in sparking protests during the national anthem became team-specific retaliation against his willingness to pursue legitimate legal rights.

Plenty of people think it’s OK to retaliate against an employee who files a legal claim against an employer. In almost every case, it’s not. And for good reason. If retaliation were permitted against those who pursue legal rights against an employer, then (wait for it) no one would pursue legal rights against an employer.

Most recently, Washington refused to consider Kaepernick, hiding behind flimsy football reasons while embracing Josh Johnson, who has gone in less than two weeks from AAF draft to NFL starting lineup. Apart from the business misjudgment that would prompt an NFL team to expect fans to pay for and otherwise support that kind of product, the persistent refusal to embrace a quarterback who led a team to the Super Bowl and who is clearly better than some of the players currently drawing NFL paychecks at some point leads to the conclusion that someone is sending Kaepernick (and all other players) a message regarding what happens when you dare to poke the Shield.

As to the lingering false narratives about Kaepernick, cross out the one about him not wanting to play for Washington. Charles Robinson of Yahoo Sports reports that Kaepernick would accept a job if offered one. But Washington hasn’t even approached asking that question because, after the broken legs suffered first by Alex Smith and then by Colt McCoy, Washington never called Kaepernick to inquire about his interest.

The phone will continue to not ring. Don’t be surprised if/when the bell rings in his favor at some point in 2019, via a jaw-dropping judgment that finds the NFL violated his rights and that awards him full compensation for what has been wrongfully taken from him.

145 responses to “Retaliation will become an issue in Kaepernick collusion grievance

  1. the problem with cap is that he wants to be paid as a top qb, which he never was. the nfl is constantly cutting players and replacing them with cheaper ones. throw in his pain in the ass behavior and it shouldnt be a surprise that everyone indepently came up with the same conclusion that he isnt worth the hassle.

  2. NFL does not have to employ anyone. It is not a right to play in the NFL. He will not win a collusion case.

  3. I know this is a crazy notion, but maybe, JUST maybe, each NFL team independently just doesn’t want to have to deal with the GUARANTEED circus that would come with signing Kaepernick. Absent explicit evidence of collusion (good luck with that), Kaepernick’s lawsuit is going to have to “prove” collusion by deduction. Well, deduction involves reaching conclusions by ruling out alternative reasonable explanations – is it really so hard to imagine that Kaepernick does not hold sufficient appeal to be worth signing? This is a free country – nobody can tell NFL teams what sorts of players they can or can’t desire.

  4. 1. Why would I hire someone who is suing me?
    2. The Tebow effect – is the media circus worth it?
    3. He’s 150 pounds in current day and has sabotaged efforts to be resigned (opting out of 9ers, turning down Broncos 8-10M offer, girlfriend accusing Ravens of racism moments before he put pen to paper.
    4. Was benched for Gabbert 3 years ago, before he kneeled.

    Pick your reason above, but why stir up a fan base when you’re simply playing out the string?

  5. If a hundred people walk by a massive hole in the sidewalk without jumping in, would you conclude that they “colluding” with each other or perhaps even “retaliating” against the hole? Most people just know when not to engage in self-destructive behavior. Is that a crime?

  6. why would the redskins sign him? with 3 games left I rather tank the season get a qb or some other position of need in the draft.

  7. The claims of collusion and a claim of retaliation are a bit contradictory. If he were in fact colluded against and the owners decided to keep him out of the league because of the protests, than how can you claim his lack of employment is retaliation for filing the grievance?

    He won’t claim retaliation because it makes no sense: “An NFL team won’t sign me because I filed a grievance because no NFL team would sign me”.

  8. “flimsy football reasons”

    OK, so let’s overlook his (at best) inconsistency over the last couple years of his career and pretend he was a Joe Flacco level talent.

    So… any time a personnel decision isn’t solely based on performance, it’s collusion and/or retaliation? If teams passed on signing guys who were known to cause distractions (think: TO, Ochocinco, Tim Tebow) was that collusion? Surely they would be more valuable than some undrafted free agent that nobody has ever heard of.

  9. If I was the Redskins rank and file this is what I would do, ya see the kneeling wasn’t really ever gonna make an impact only hurt your cause turn fans against you but as a fan I can relate to my employer doing me wrong ,, so as players if you send a message to the brass that Iam willing to lay down and the reason Iam willing to lay down is because Iam not gonna lay it on the line in my work place when management is not putting us in the best situation to win ,,ie signing Kapernick ,takes on a whole different dinamic ,your fan base can rally around that cry because they are paying the toll to see this crap !

  10. Please stop. Kaepernick is / was not that good without Jim Harbaugh. He barely got to 60% completion percentages when he was around. Outside of his magical run to the SB, he really did nothing, just like RG3. If you want to say Sanchez was a bad choice fine, but Johnson performed well when he was in the game, even though it was garbage time.

    In real life, outside of professional sports, an employee is not allowed to hijack his occupation for political protests, or behavior that brings unwanted negative attention onto his / her employer. If I was a big distraction to an employer they would let me go, and then it would be hard to get a second chance, especially if I was not at the top of my game.

    The only real argument I see here is that Seattle should have him as a back up given their QB, or the Ravens. The biggest issue in favor of Kaepernick is that the Ravens looked at him and he is not there. I seem to recall that the scuttlebut was that Kaepernick turned it down, too. Just because Jim Harbaugh was able to replace Smith with Kaepernick does not mean Jay Gruden would be successful replacing Smith with Kaepernick.

    The real test would be if Jim Harbaugh took an NFL job, would he bring Kaepernick in for a chance? If not, then all of these arguments are just convenient to fuel Kaepernick’s Cause Celebre.

  11. “the NFL violated his rights”….his right to what? Have a job in the NFL? We all have the right to a job in the NFL? I didnt know that. Im calling my lawyer.

  12. Charles Robinson of Yahoo Sports reports that Kaepernick would accept a job if offered one.
    ———————————

    Why does Charles Robinson have to tell us that? Don’t you think Kaepernick himself could step in front of a mic and say it. Nobody believes it so why would you offer a job to a guy that doesn’t want a job. Besides, he likes his current job. Professional victim.

  13. Question: if Kaepernick is bad for business, abd NFL teams are a business, why would you hire someone or use something bad for business.

  14. Where was Kap drafted in the AAF? How bout signing with a CFL team? Maybe the XFL?

    Why not show someone he has something. Unless EVERYONE is against him, in EVERY league.

    Or maybe he just has an overinflated self worth and drove himself out of the league.

  15. Kaepernick is a marginal player who is also a huge distraction because of his Social Justice Warrior agenda. No logical team would opt to sign such a player.

    So if there is collusion, it’s that this is a rare instance where all 32 teams are actually using their common sense.

  16. Love that Florio keeps banging the drum for this guy when it is pretty obvious to everyone on the planet that hiring Kaep means potentially losing half your fan base. It isn’t collusion or anything like that – its just good business. You don’t alienate your customers. End of story.

  17. keep reaching…. Just because all the teams came to the same conclusion that he is not worth the headache does NOT show that there is collusion. I bet there are literally thousands of personal decisions that all the teams come to without discussing it amongst themselves, that does not show or prove collusion. There is one indisputable FACT, the team Kaepernick played for last did not think he was good enough to be their starting quarterback and benched him. That was years ago, why would anyone think he has gotten better since then and now??

  18. Why should any team need to justify not signing a guy that their fans overwhelmingly don’t want on their team? Just a quick “We as an organization don’t believe signing Kaepernick is in the best interest of our fan base” should settle it but political correctness won’t allow the plain truth to be spoken.

  19. How does anyone here know what this guy will accept. These posters are such know it alls that it’s hilarious. Only one thing is a clear and obvious fact. Collusion is taking place and many of the qbs employed are not better than him. All the other stuff is just your opinion. His numbers are proof & factual.

  20. The question is not obligation to sign, the question is why are they not signing him, what is the mechanism for not signing him. He is clearly better than Josh Johnson or Mark Sanchez. So ability is not the yard stick. Retaliation is not legal, as pointed out by Mr Florio. Neither is collusion in agreeing to not sign him whether formally or informally agreed to. Tacit approval is still approval. The judgement is going to be large, it won’t hurt the NFL, but Kap will smile all the way to the bank without the requisite concussions and ailments. Knowing full well he was right all along. Because: America.

  21. This is well written, but the NFL will have the additional ammunition of the AAF Draft as well to counter this argument. This independent league just had a draft of 32 quarterbacks that were not signed to NFL contracts. Kapernick went unselected.

    Is he better than some (all?) of those 32 players? Maybe. However, in a court of law the fact that the eight owners from another football league all decided there were four quarterbacks for each team that they want over Kapernick will be a solid league defense for it being a football decision.

    Even if I think that’s completely implausible….

  22. In no way am I disputing the notion no team will take him because of the media circus but when you have mark buttfumble Sanchez starting for a team and he hasn’t seen the playoffs since 2010🤔

  23. Did Mark Geragos guarantee Kaep would be hired by a team almost 15 months ago?

    And Mike, just how exactly is “Kaep’s case against the NFL getting stronger”? Are you claiming that an NFL team is somehow obligated to hire Kaep?

  24. I don’t know how you can say that he is “clearly better” than other QB’S being signed today.
    Based on what? Because he was in The SB 6 yrs ago??? He hasn’t played in over two years and the last time he was on the field he was beaten out by Blaine Gabbert.

  25. “Plenty of people think it’s OK to retaliate against an employee who files a legal claim against an employer. In almost every case, it’s not.”

    Who in this scenario is the employee and the employer? Because from where most any rational person sits to be an employee one has to actually be employed and to be sued by an employee one would perforce need to have employed them. Kaepernick is an unsigned FA that opted out of a contract, he was not cut for his actions. Under those circumstances howw, exactly, can anything happening here be defined as retaliation? If 32 teams (correctly but separately) judged the fan backlash juice to be not worth the Kaepernick squeeze where is the retaliation?

  26. Maybe Tim Tebow should file a collusion case. No NFL team will hire him because he’s a below average QB who will bring a 3-ring circus with him to any team that signs him to be a backup. Sound familiar?

  27. Here is the thing, if Kaepernick was consistent and honest, he may find himself as a likable person, but he is a complete fraud. When he was winning he used to taunt and mock other players. He was full of himself. He was “Kaepernicking (kissing his biceps)” and mocking Can Newton when the 49ers beat the Panthers. Once he start to play bad, he then decided to sit (not kneel) because he was benched by Blaine Gabbert. His sitting was more a tantrum than a real cause. Once other SJWs and phonies start to align behind him, then he change completely his rhetoric. Moral of the story, he sucks and he has a big ego.

  28. “Charles Robinson of Yahoo Sports reports that Kaepernick would accept a job if offered one”

    Except as has been previously reported, Kaepernick’s salary demands are outrageous. Also Josh Johnson went 11/16 for 195 yards and 1TD. Not bad for someone who is supposed to be so terrible.

  29. Fan base has already been alienated, you see the stadiums? More than half empty everywhere. The nfl took a (wrong) position and it costed them. Now the fans are speaking and is showing. Now the owners are trying to make it right. Nobody will watch Keaperknack play, guaranteed. You can pretty much say supporting the kneelers killed the nfl’s deep pockets, they gotta make up for it somehow, and that’ll be from fans. It’ll only get more expensive, causing a death spiral for the league

  30. wrongfully taken from him? that’s bold considering many consider him to be an average QB with only one skill set that doesn’t fit schemes of a PRO team. No one deserves to play for the NFL, it’s a privilege.

  31. Are we not treading on dangerous territory when outside persons can determine who has a right to a position in your company. Not only that, but can retroactively make you pay a salary for them that is determined by the same outside persons? We are also talking about a former employee who tore up his current contract in hopes to renegotiate another deal elsewhere. If a lawsuit is where Kap was going to take this, shouldn’t he have waited until the 49ers cut him. Better yet, shouldn’t he have just accepted the trade to Denver instead of quitting?

  32. Media drools at the chance to pounce on the circus this guy brings along. Endless second guessing – the stories would pretty much write themselves. Has nothing to do with social justice, collusion or retaliation. Lifetime supply of low hanging fruit is the real motivation.

  33. His case has already been made. This season proved collusion. Nobody had him in for a tryout, meanwhile, we’ve seen a smorgasbord of XFL-level quarterbacks who don’t half the resume he has get jobs time and time again. I don’t believe Josh Johnson and Mark Sanchez fit your scheme but Kaepernick doesn’t. I don’t believe Matt Barkley fits a scheme in Buffalo. Josh Allen’s proved to be a dual-threat, you don’t think Kap could’ve at least tried out there?

  34. I’ll say it again. Owners can make their own decisions. They don’t need the NFL or some other owner telling them not to sign someone. There is NO COLLUSION here. And it’s quite possible that each individual owner has chosen not to give Kaepernick a chance based on his off field behaviors. Owners want someone producing on the field, not circus side shows. Last and certainly not least, what owner wants to sign someone who is currently in the process of suing them? Instead of playing some football by trying out for the other leagues and showing the world he is an NFL QB, Kaep is letting his lawyer do all of his work for him and none of that work appears to have anything to do with a football. which is why we are all here. Move along folks, nothing to see here!

  35. He lost his starting job through poor play, opted out of the final year of his contract with San Francisco, and then turned down an offer from Denver. There is no case.

  36. If I as a business owner produce and or sell my product to the public for their consumption or enjoyment have a right to hire those employees that I believe helps my business. I may or may not hire the right people but I, bearing financial risk, have that right.

  37. Barry Bonds had the best case for collusion in sports history and no one signed him.

    Kap is done and it’s largely his fault. He could have went to Seattle and said in their meeting he would be glad to back-up Wilson. Played there a couple of years, kept his foot in the door, and then moved on.

    But, he decided not to. Know why?

    Colin Kaepernick is an IDIOT!

    He’s made so many bad decisions during this situation I can’t believe that anyone would stand up for him.

    And finally, the owners don’t need to collude to keep him out of the league. It’s an obvious decision NOT to employ a toxic, marginal player.

  38. “wrongfully taken from him”

    Just because you can do something, doesn’t mean you should. No one wants to employ someone with bad judgement.

  39. Here is CK’s problem…..he wants CK the QB separated from CK the activist now that he is unemployed. Back when he had a contract, he wanted CK the QB and CK the activist to be one in the same and his platform as a QB to highlight his activism.

    Now he wants NFL teams to forget about his activism, his alienation of fans, the inevitable circus his employment would certainly bring his team, teammates, coaches and the league. Sorry, but he cannot have it both ways and he is finding this out now.

    Its not collusion, its not retaliations…..the league and the owners took a HUGE PR hit from what he started. Now the NFL is back to football, all the protests have gone away….why would any individual team subject themselves to the bad PR they would bring themselves by bringing him on board?

  40. “the concept that his ongoing lack of opportunities arise from retaliation will necessarily become part of his claim.”
    ================

    Why would teams that have no connection to Kaepernick bother to “retaliate” against him? Seriously, even taking Kaepernick out the equation, who actually CREATES more work for themselves just to spite a non-employee?

  41. After Harbaugh left the 9ers, Kap ain’t done nothing, except complain. Seattle had him in for a workout, but he wants to be a civil rights crusader, instead of a QB. Don’t see any NFL positions for this dude, or his cause.

  42. I think he should start a class action lawsuit and Tim Tebow and Johnny Manziel can join. Their joint defense could be these 3 people the media will follow to the ends of the earth and immediately after you sign them you must set up a special section for your team for the national media so they can ask you questions directly toward those player’s

  43. Would you go to a game because Kaep is the QB or would you stay home because he is the QB ? At this point I think maybe people would avoid the game.. Is he worth the risk at this point in time ?

  44. No NFL team has called to offer me a job either. Yes I’m afraid I too am a victim of collusion. Gonna lawyer up and fight for my right to play for an NFL team. I’m comin for ya Roger

  45. I don’t think he really wants to play. He knows he doesn’t have it anymore. He would rather take his chances on getting a big payday from the courts.

  46. So Cooper makes the news by saying he knows what he’s worth and most everyone thinks that’s cool. Kap opted out of SF and turned down a Denver offer because he too “knows what he’s worth”. But Kap had a deal with Baltimore until his lady friend suggested the team owners are slave owners, which kinda threw sand in the gears, but it does suggest the Ravens and Kap came to an agreement on “what he’s worth.”

    One difference is Cooper is on the field showing what he’s worth to people positioned to pay him. Kap isn’t doing anything positive to demonstrate his value unless you count suing the league as a positive. So teams look at his history of play, his most recent dealings with SF, Denver and Baltimore, his baggage and – oh yeah, almost forgot, his lady friend – and then there’s also that little annoyance – his lawsuit – and surprise surprise they decide he’s not worth what he thinks he is.

  47. It will be intresting to see if any of the 8 teams in the Alliance Football league will ask him to play? If he is offered and he declines that woul mean he’s really not intrested in playing ball anymore.

  48. “while embracing Josh Johnson, who has gone in less than two weeks from AAF draft to NFL starting lineup.”
    ==========================

    Oops, somebody didn’t watch yesterday’s game. Johnson came in and went 11-for-16, 195 yards 1 TD and a 105.0 QB rating. He also rushed 7 times for 45 yards and a touchdown.

    Dude played very well yesterday, so why exactly are you AGAINST this guy having a job in the NFL?

  49. Colon Krappernick has NO RIGHT to be employed in the NFL. That is simply a fact. He can play anywhere else if he is so concerned about his paycheck potential.

    Fact – he has used his employer’s time to protest HIS socialistic and hate-police causes. He also has no right to do so.

    Fact – he is not merely an incompetent player – he has personally added the stench of actions that are often counter to other NFL team ownership’s positions. Employers have rights and they are not trumped by a rogue employee with a distasteful message. You won’t see someone employed at Starbucks that doesn’t fit the corporate narrative. There is collusion at Starbucks by the very definition of those who support Krappernick.

    Fact – Businesses do not exist to employ people – businesses exist to enrich the owners and shareholders. Anything counter to this action and that could potentially decrease revenue is obviously not welcome. And Krappernick is definitely a money losing prospect for the OVERALL fan base. And his supporters won’t make up for the loss of mainstream NFL viewers and ticket buyers.

    Last on the list of the things about Krappernick is his relative ineffectiveness as a QB. If all of Krappernick’s demerits were that he is awful at his job, he’d be like Mark Sanchez and given another chance to sink.

    And we must remember that Krappernick was given a chance to actually be hired by Denver – he refused. He colluded with his cause to make this the situation that it is.

  50. —the collective belief that Kaepernick is “bad for business”

    Um, how is that collusion to begin with? So now it’s not just actions, not just real or implied agreement, but “collective belief?” Of course teams concluded he’s bad for business. Why is it impossible to believe that 32 predominantly white, older rich guys don’t want to sign the guy who is a racial agitator and who insists on bringing his protest on the field? Like it or not, many NFL fans don’t like the protests. Some supported them, to be sure. But a sizable number either didn’t like it enough to not watch anymore, or at least didn’t care for it. The owners didn’t get to be billionaires by giving the finger to 30 or 40 percent of their customers.

  51. The thing is, it just isn’t that cut & dry. He’s been out of football for as long as many of these perpetual backups that are getting signed, and his performance was dismal at the end of his playing time.

    But more importantly, there’s just too much we don’t know. Is he in playing shape? What has he been doing to stay in playing shape? Has he been studying, practicing, working with any other players? Has he been sharing this with teams? What kind of contract is he asking for? What are the details of what has been discussed with teams, those few times he’s been given a look? How does what he wants and what a team would want compare?

    Just sitting back and saying, “why doesn’t he have a job?” misses that most of the relevant information isn’t even available to us.

    Why didn’t anyone sign Tony Romo, a pretty much unquestionably better QB with much greater win-now potential? Sometimes things just don’t work out.

  52. Jay Cutler led a team to the Super bowl in 2008….are NFL teams obligated to sign him ahead of the likes of Sanchez and Johnson?

    Sometimes, things we did 5-10 years ago aren’t repeatable today. Not sure you knew that.

  53. Here’s what you don’t understand….a significant part of CK’s brand is being a martyr. If he plays he loses that moniker. His brand weakens considerably if he plays. Bottom line, CK wants to appear to play….he actually doesn’t want to play. End of story.

  54. I don’t care for Kaepernick. To me, he’s more hype than substance.

    However, consider this curious move. When Andy Dalton went on IR, backup QB Jeff Driskel became the starter. Driskel is a legitimate dual threat QB who ran the 40 in 4.56.

    Colin Kaepernick ran the 40 in 4.53. But the Bengals signed Tom Savage, who ran a 4.9. To me, Kaepernick’s style would be more similar to Driskel’s if you want continuity.

  55. Florio, as a former lawyer, you should know that an employer can’t retaliate against someone who is not an employee. And if you remember correctly, Kap voluntarily separated himself from the 49ers when he opted out of his contract.

  56. gokupats10 says:
    December 10, 2018 at 10:58 am
    Can anyone justify how mark Sanchez Gus signed yet Colin hasn’t received a call
    ——————————————————————————
    Sure. Coaching staff familiarity. Which means terminology familiarity. He’s worked with several of the coaches on the Redskins offensive coaching staff in previous stops and therefore he (Sanchez) would already be familiar with terminology in play calling. Next.

  57. Oddly enough it seems most readers have a much firmer understanding of what “collusion” is than the reporters do. Proving he is still unemployed is easy. Even proving he is better than some guys who are employed (while subjective) is also pretty . But that doesn’t prove collusion AT ALL. Kareem Hunt cleared waivers–that doesn’t prove collusion any more than Kaepernick being unemployed.

  58. People’s hate for Kap won’t let them intelligently look at facts. No team is obligated to hire anyone, but they do have an obligation not to violate the terms of a CBA. that is a legally binding agreement the owners signed off on. Collusion and retaliation are part of that agreement as forbidden conduct. You can’t look at the dregs that have been rolled out and say it’s not retaliation when the man can’t even get a workout.

  59. bcreason , his supporters continue to over look that point. He could have been in Baltimore right now…. anyway AGAIN he did have a job, he decided that he didn’t want it anymore and now here we are. He is not owed a position in the league, his supporters tend to act like he is entitled to be an NFL player which isn’t the case. You can mention any subpar QB you want, the FACT remains that they don’t have a built in circus attached to them. Nor are they suing the NFL.

  60. Lol … The same media who wants him to be signed is the same media who calls him down when he was playing.

  61. Plenty of people think it’s OK to retaliate against an employee who files a legal claim against an employer. In almost every case, it’s not.
    —————————————————————————————-
    Who is he an employee of? Once he turned down the option on his contract he was a free agent and no longer employed by the NFL. While you can`t retaliate against an employee that files a claim you don`t have to REHIRE one AFTER they file a claim.

  62. NOTHING was taken from him… He CHOSE to quit his job. NFL teams just decided they didn’t want to hire a guy who was playing like crap, lost his starting job to Blaine Gabbert, became a huge headache after being benched, then quit on his team. Seems to me, RG3 was out of football for a considerable time, Vince young also was cast out, and plenty of other names just didn’t make it in the NFL despite being decent QB’s. It’s not collusion, its called blowing your chance. Football is a privilege, not a right.

  63. Teams just doesn’t want to deal with Kap drama. Who would? He had a job and he gave it up. That’s the fact that gets lost in the pity me hoopla.

  64. Kaepernick won’t win a dime in his lawsuit. There is no way a jury would find in his favor. His only hope is some sort of settlement. That settlement should include Kaepernick retire permanently. If Kaepernick were as good as he and a minority of others think he is, he would be playing somewhere right now. A lot of teams would sign him if they thought it would make them a contender. He won’t offer enough of an improvement anywhere for any team to have to deal with the circus that comes to town with him. Bottom line is, he is sub par as a passer.

  65. “Colin Kaepernick’s case against the NFL keeps getting stronger.”

    This is 100% false. There is no claim of collusion or else he would’ve won already. This is very simple, Mike. While he may be better than Josh Johnson, although his most recent play wouldn’t support your theory to that affect, he is not worth the media circus that follows. No team has an obligation to sign him and unless they’ve got all 32 owners speaking with one another on the record, then it isn’t collusion. It’s just 32 private organizations making smart business decisions. When will you and the rest of the sports blogger world understand this?

  66. steaksandwichandsteaksandwich says:
    December 10, 2018 at 11:45 am
    I don’t care for Kaepernick. To me, he’s more hype than substance.

    However, consider this curious move. When Andy Dalton went on IR, backup QB Jeff Driskel became the starter. Driskel is a legitimate dual threat QB who ran the 40 in 4.56.

    Colin Kaepernick ran the 40 in 4.53. But the Bengals signed Tom Savage, who ran a 4.9. To me, Kaepernick’s style would be more similar to Driskel’s if you want continuity.
    =======================================================

    The Redskins run a different type of offense, and it’s a type Kaepernick has never played in.

  67. When will the media wake up and realize that they are the ones that made it impossible for an NFL team to sign CK? If the media didn’t overreact and make a huge deal over him kneeling (and write article, after article, after article even two years later), chances are he would still have a job.

  68. How can it be retaliation when he currently isn’t employed by the NFL? Nothing has changed before Kaep fired and after… he didn’t have a job then with the NFL, and he still doesn’t now. Collusion claim aside, there’s no way the NFL is “retaliating” to the lawsuit by doing exactly the same thing it did before. That’s just absurd.

  69. Does anyone think about it in a way that common sense prevails?
    What “right” does Kap have to work in the NFL?

    I’ll wait…

    No I won’t. He doesn’t have a right to play in the NFL.
    I don’t see how we can allow a legal process to take place where a person or business will be forced to either employ someone OR pay someone for not employing them.

    Regardless of political or personal reasoning. The NFL has often been touted as “not a normal workplace” when regular fans try to argue such like “I can’t kneel at my workplace”.
    So why would any rules and regulations regarding hiring and firing rules apply? Meaning… an NFL team needs no reason to NOT employ someone. And if they have reasons they don’t have to make them public. And if they do make them public, you can judge them if you want, you can boycott their product, but I don’t see how you can punish them.

  70. Also… if Kap kneeling is reason for unemployment and thus collusion… why did all the other kneelers get jobs…eventually even Eric Reid.

    nonsense. While you can certainly make an argument that there are QBs playing and getting paid that are less skilled at the position than Kap, you can not make an argument of why a private owned team HAS to employ that particular QB
    (or any player for any or no reason, like Tebow, Kareem Hunt, Ray Rice, Michael Sam etc)

  71. How can it be retaliation when he currently isn’t employed by the NFL? Nothing has changed before Kaep sued them and after… he didn’t have a job then with the NFL, and he still doesn’t now. Collusion claim aside, there’s no way the NFL is “retaliating” to the lawsuit by doing exactly the same thing it did before. That’s just absurd.

  72. Jim Czerwinski says:
    December 10, 2018 at 10:29 am
    NFL does not have to employ anyone. It is not a right to play in the NFL. He will not win a collusion case.

    I agree with the posters saying his expectations might exceed reality, but I do not agree with this comment. Yes NFL is employment at will – you have to be talented enough to play the game or you don’t get hired. But even in normal jobs companies get into trouble for interfering with an individuals so-called “right to work.” It’s my some companies have dropped non-competes at certain levels of the company. End of day you don’t want to look like you’re preventing someone from gainful employment.

    Personally I don’t think he is a very good QB. But he far better than some of these people getting jobs. There is a reason he is not getting hired, and it is likely actionable.

  73. Nothing “has been wrongfully taken from him.” His antics shunned fans and created a firestorm of controversy for an entertainment giant. That’s what the NFL is, entertainment. And when each organization in that giant decides on their own that a player/performer doesn’t fit their cost structure and potentially alienates their viewers, they have a right to not hire him, or her, to perform for them. Kaepernick made a fool of himself, his team and the league. Further, no teams see him being able to help them win. There is nothing to see here. Just another NFL career ending. Tens of them end each year. Move on. Kaepernick should.

  74. Collusion, retaliation, or whatever. Anything he can ever show actually happened he can use. And whatever he cant actually prove happened he cant use. Its that simple. The rest is just noise.

  75. Denver/Elway did not offer him a contract. They discussed trade scenarios with the 49ers. They only wanted to pay $7mil of the $11.9mil that was guaranteed on April 1st of that year. SF wasn’t willing to pay the balance and Kaep wasn’t willing to take the paycut. He remained with SF and collected $14mil in guarantees after a restructure. He later opted out of his 49er contract (dumb move in my opinion). They would have cut him anyway by that point but force them to do so.

    The other items are debatable but not Elway and Denver.

  76. I saw a 90+ year old veteran try to stand up from his wheelchair this past week. He needed help, but when he got up, he stood as tall and straight as his frail frame would allow. Then he raised his arm slowly to the salute position as he tried to stand still in front of the flag draped coffin.

    See he was honoring a fellow 90+ year old veteran who had passed.

    I thought quickly about this young man kaepernick and his situation…. I felt sorry for him…. See he only knows what it is like to take a knee before our flag…. he will never have nor know the honor these two men shared…. and no amount of money can make up for that.

    Mr. Dole, saying good bye to Mr. Bush….. nothing else needed to be said.

  77. Can the Skins just give him the starting job for the last three weeks so he can show everyone he isn’t an NFL caliber QB anymore? The owners don’t want him because he’s a lightning rod AND he has poor QB skills.

  78. The only chance he has is to file in the 6th district in Minneapolis where that court loves union issues. Sports union issues even better. Hell he could probably come out of it with enough money to buy his own team. NOT

  79. The funniest thing about these comments about Kap is that the people loudest about him not getting employment usually have their facts wrong, and haven’t bothered to Google them.

  80. I wish a team would just come out and say “He does not represent the NFL, (this team), its values or its interest in a manner that is in agreement with the league and therefore we have no interest in signing him at this time” and be done with it. My company has “Job Fit” interviews… if you are not a fit then you dont get the job. It happens all over the place.

    He wants a lot of money, he now has not played in a long time and to be honest, he is bad for business.

  81. He hasn’t played or practiced with an NFL team in what, 2 years? With just a few weeks left in the season, by the time he’d be in football shape and ready to play the season would be over.
    Johnson was with Oakland in preseason this year, he doesn’t have 2 years of rust.

  82. If you objectively look at what has happened, collusion should not be that difficult to demonstrate.
    Kap. Is going to win this big time!

  83. I’ve noticed a lot of major US retail stores are featuring grand displays of Nike branded clothing for the Christmas shopping season. Those retail stores, in lockstep with Nike, are obviously fine with Kaepernick. The phony patriotic grandstanding from Russian trolls on social media venues isn’t fooling anyone.

  84. People have a right to oppose anothers’ protest first if all. So if no one signed rueben foster is he being colluded against? Just bcauase its about a social or political stance you believe in as a media outlet doesnt give u the right to be selective in how you apply your logic.

  85. dencar2014 says:
    December 10, 2018 at 1:33 pm
    If you objectively look at what has happened, collusion should not be that difficult to demonstrate.
    Kap. Is going to win this big time!

    ———

    Let’s look objectively:

    1) Kaep was the starting QB for SF – no kneeling or protesting
    2) Kaep’s play degrades and he is benched for Blaine Gabbert – Kaep pouts on his own during the anthem
    3) Kaep is asked why he is not standing for the anthem – Kaep and his agent have come up with a cover story so that Kaep does not look petty
    4) Kaep quits and does not honor the remainder of his contract

    So where exactly is the collusion?

  86. Once again – CK made a conscious decision to turn himself into a marketing nightmare. No team wants to deal with a marketing nightmare. It really is that simple. He has no chance of proving collusion.

  87. the notion that Kaepernick would be bad for business is likely wrong. Look what happened with Nike. Sure you’d get some protests but it would all pass quickly. If he won some games the locals would love him. If he lost games they would hate him.

    To argue that he isn’t good enough to play doesn’t hold much water. One can argue he might not be a good starter, that’s reasonable, but still questionable.

  88. I get if you don’t like the dumb way in which Nate Boyer persuaded kaepernick to protest, but if you don’t think he should be playing ahead of some of the complete bums that are currently, you are crazy.

  89. Yea, because taking a knee for the National Anthem in Washington D.C. would go over well. San Francisco is probably the only place where you could do that and hide behind the first amendment because it is so liberal. He took seriously bad advice when he opted out of his contract with the 49ers when he wasn’t playing that well. That was really stupid but he won’t own it.

  90. BUT (and I’m asking, not telling) aren’t the laws written to protect employees against retaliation from management? Kap isn’t an an employee and since he opted out of his contract, he’s not an employee by his choice not anybody else’s
    .

  91. So, I guess because several hundred players aren’t drafted every year they ought to sue the NFL for collusion?

  92. IE: The collusion case has gone nowhere, so now we are going to argue that Kap has been disciplined outside the CBA agreements illegally.

    He will not win either argument because it’s not correct or factual. Kap is not employed in the NFL because he wasn’t very good, to begin with, made himself a PR nightmare, and has allowed his physical being which was the one trait that teams would covet to deteriorate since he’s stopped playing.

    He’d have an argument in a socialist society, but in our capitalist market, that’s just how it goes you dumb millennial. Congrats on getting taken by your attorney for millions.

  93. 1-10

    That’s Kaep’s record in his final season in the NFL. That’s an entirely legitimate reason for each team to arrive at the decision – independent of the other 31 – not to sign him. Add to it the fact that players don’t get better with age, particularly those who rely on running.

  94. Kaepernick is making a claim that may not be true. You can retaliate if they are making a false claim.

    Also, collusion requires two teams to agree not to sign him. Retaliation is would have to be one team not signing him. So, the retaliation lawsuit would have to identify a single team that did not sign him specifically to retaliate and he would have to sue them directly.

    He couldn’t sue the entire NFL for retaliating, that is basically the same case as collusion, except it would be post collusion lawsuit collusion. So, if he loses the collusion lawsuit, he couldn’t sue the NFL, if he wins the collusion lawsuit, it doesn’t seem reasonable for a “They’re Still Colluding” Lawsuit, he should just cash his check and move on. Someone will probably sign him if he wins the collusion lawsuit unless the damages are calculated for the future, as well, which would preclude them form having to sign him.

  95. Didn’t the attorney for Kaepernick say that he would be on a team at least once a week ? Well it looks like 2018 is coming to an end now.

  96. If I was a GM for a bad team, I’d hire Kap in an instant. I’d make sure the coach would call his number every play and run him straight into the teeth of the defense. I’d even have him run back kicks and play defense. I hope he’d be satisfied after that.

  97. He was offered a job by Denver and he turned it down. What he is going to have to prove beyond a reasonable doubt is that the owners specifically conspired against him as a group. I find it hard to believe he will be able to prove this given he was offered a contract.. I am not sure why the media keeps backing him up. There is no law that can force a team to sign a player for any reason, an unless he comes up with some hard evidence that the owners agreed to black list him, he has no case. After he turned down Denver, the rest of the league said the price tag is not worth the headache. End of story.

  98. steaksandwichandsteaksandwich says:
    December 10, 2018 at 11:45 am
    I don’t care for Kaepernick. To me, he’s more hype than substance.

    However, consider this curious move. When Andy Dalton went on IR, backup QB Jeff Driskel became the starter. Driskel is a legitimate dual threat QB who ran the 40 in 4.56.

    Colin Kaepernick ran the 40 in 4.53. But the Bengals signed Tom Savage, who ran a 4.9. To me, Kaepernick’s style would be more similar to Driskel’s if you want continuity.

    —————-
    Im guessing they want these guys to read a defense and hit the open receiver while standing in the pocket, not running 40 yards downfield. Especially if they have gotten to a point that the defense pretty much assumes they are going to pull it down and run.

  99. Whether or not you all like it, Kap is going to win and he is going to get paid. With some of the, so called, QB talent in that league, there is not football reason for him to not on a team. I don’t like him, but he is being retaliated against. He’ll win!

  100. Does anyone know what kaep is asking for a salary? Backup? Starter? Does anyone know what happened with any teams that showed interest. He really wasn’t very good at the end and now he hasn’t played in two years…his playing trajectory was clearly down so most teams would be looking for young backups who have the possibility becoming very good.

  101. Nike’s stocks took off when he became the face of the product.

    Any team that brings him on will bring some heartache but the kids love him. The team would make a lot of new fans (and money money money) that love the new touch down celebrations (along with the animations after a RB gets tackled 14 yards down field) and weed out the old ones that like kick offs and knows what a sack and catch is.

    The reason he’s not signed is because he’s not a very good player.

  102. if you don’t think this guy is better than some of these scrubs rolling out there you are delusional. You can say they don’t have to hire him.. ok.. say they don’t have to employ him.. ok.. you can’t tell me Mark Sanchez is a better QB.. or Nate Peterman.. or Matt Barkley please…

  103. Jeff Weeble says:
    December 10, 2018 at 10:28 am
    the problem with cap is that he wants to be paid as a top qb, which he never was. the nfl is constantly cutting players and replacing them with cheaper ones. throw in his pain in the ass behavior and it shouldnt be a surprise that everyone indepently came up with the same conclusion that he isnt worth the hassle……………………

    Which is a bald faced lie! He never said that and stop making excuses for the obvious. No one is blind here. We see thats REALLY going on!

  104. Elway attempted to trade for Kaepernick while he was still with the 49ers, before the protests and the trade required Kap to take a 6 mill pay cut. He was never offered a deal by the Broncos after he opted out of the 49ers. Half of you guys are lunatics. Kap may be a headache, but stop making up information.

  105. “Also Josh Johnson went 11/16 for 195 yards and 1TD. Not bad for someone who is supposed to be so terrible”

    It was all done in garbage time, where the defense just sits back and lets the QB complete anything in front of them.

  106. “Plenty of people think it’s OK to retaliate against an employee who files a legal claim against an employer. In almost every case, it’s not. And for good reason. If retaliation were permitted against those who pursue legal rights against an employer, then (wait for it) no one would pursue legal rights against an employer.”

    The only thing is….Kaepernick is NOT an employee, and the NFL and it’s teams are NOT his employer!

  107. An article like this (as well as arguments made by other Kaepernick defenders) only makes sense if one believes the definition of collusion to be that non-football factors are involved in the fact that he doesn’t have a job.

    This is almost certainly true, despite the fact that football factors make him a mid to lower tier backup at this point. But that’s not collusion. And frankly, given the kinds of people NFL teams do sign, it’s absurd to think NFL teams actually think he’d be a net gain to their teams but won’t sign him.

    Once again though, it’s collusion *if and only if* at least two teams or at least one team and the NFL made a secret agreement not to hire him. He has not presented one bit of proof of that. It should be obvious that the far more likely scenario is that all 32 teams individually decided what he can offer on the field (which is a lot less than his defenders want to think) isn’t worth his headache off of it.

  108. Dug says:
    December 10, 2018 at 10:45 am
    He is clearly better than Josh Johnson or Mark Sanchez. So ability is not the yard stick.
    ***************************
    Actually the answer is depending on who he has around him.

    In SF he had a very good OL to work behind, and an excellent defense.

    Let us not forget that football is the ultimate team sport.

    Kaep did not play better in the pros than he did in college. In college, he had the benefit of competition on a lower scale than the pros.

    Kaep just isn’t that good.

  109. Totally irrational responses here because folks hate the man:

    Down to 130 lbs…facts???

    Wants top starter money…facts???

    He’s not an employee…he’s a member of the union protected by the CBA

    Not a very good player…well the stats on his last 6 games were better than Garropolo’s first six with SF

    Denver offered him a job and he turned it down. Someone laid out the ACTUAL facts on that lie and yet 95% of the people still did a thumbs down

    People aren’t interested in facts they’re interested in promoting their agenda. Most folks up here are keyboard warriors, who never served, disrespect the anthem in private, and if they saw Kap would elbow kids out the way to get his autograph. Shame!

  110. I think the only team that could sign him and get away with it is the Patriots.
    The other 31 teams’ fans hate the Pats anyways.
    The New England fans drink the Patriot Kool Aid, so any negative thing their team does is not going warrant criticism from them.
    They’ll just spin it like they always do.

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