NFL tried to put Colin Kaepernick in legal checkmate

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The NFL’s Colin Kaepernick dog-and-pony show about nothing was about something, after all.

It was about extinguishing the second lawsuit that Kaepernick could file for ongoing collusion plus retaliation against him for his first grievance that was settled for a payment reportedly between $1 million and $10 million.

That’s the inescapable conclusion from the assertion, as made by Kaepernick’s lawyer and Kaepernick’s agent, that the NFL demanded that he sign a broad waiver, including a waiver of potential employment claims.

Let that one sink in. The league, under the guise of acting out of the goodness of its own heart and/or to assuage the guilt of 32 months of Kaepernick being wrongfully denied an opportunity, set up a workout for all teams (even though any team could work him out at any time) and then, as he showed up for it, asked him to sign a waiver that not only protected the league and the Falcons against a torn ACL or some other injury that could have happened during the workout but also exonerated the league of any and all responsibility for the violations of his rights that may have (have) occurred since he grievance was settled in February.

As a source with knowledge of the situation tells PFT, when Kaepernick’s camp suggested a standard injury waiver that didn’t sweep broadly to absolve the NFL from its ongoing violation of his rights, league representatives said that the proposed release had been drafted by NFL general counsel Jeff Pash, and that Pash wanted his release to be signed.

Pash’s name constantly has been mentioned behind the scenes as the person who was believed to have devised this entire scheme. From Kaepernick’s perspective, it wasn’t about Roger Goodell cleansing his conscience, and it wasn’t about Jay-Z repairing his reputation. It was about Pash, recognizing that the failure to buy out Kaepernick’s ongoing employment rights in February coupled with an ongoing cold shoulder created the very real possibility for a second lawsuit that would have taken far more cold hard cash from the league than the first one.

By moving the workout from the Falcons’ facility to a new location, Kaepernick has escaped checkmate, and he has escaped a potential checkmate. If any team representatives who were ready to watch him work out at the Falcons’ facility fails to attend the session at the alternate location, the end result could be legal checkmate for the NFL.

At this point, given the clumsy, awkward manner in which Pash’s scheme has played out, the only way to avoid a second lawsuit from Kaepernick could be to do what should have been done in the first place, if the league truly wanted to help Kaepernick: Pick up the phone and make whatever deal has to be made behind the scenes with one of the NFL’s teams to give the guy a job.

96 responses to “NFL tried to put Colin Kaepernick in legal checkmate

  1. I seriously don’t believe Kaepernick thinks an NFL team is going to sign him, so it seems both sides have ulterior motives. I’ve read Kaepernick’s name more in the last week than I have the entire last year. That’s a lot of free publicity for doing nothing.

  2. In addition to the NFL wanting Kaepernick to sign a liability waiver, they also offered him an extended warranty policy for only an additional 20 dollars.

  3. The NFL is a multi billion dollar business. If Kap was good they would find a way for him to be in the league.

    Just look at how much they over look when it comes to a elite player like tyreek hill?

    The bottom line is this, there is to much drama surrounding a backup QB at best. its just not worth it.

    and the funny thing? he acts like the victim when HE created the drama.

  4. Jeff Pash must’ve just watched that episode from the office when Dwight tricked Phyllis into signing his apology letter at Michael’s roast. Not the worst idea if you can pull it off…

  5. This is getting ridiculous. Somebody just give him a chance already.

    If he sucks, then the team and league can finally justify his unemployment status to diminished play

  6. Nothing like this happens without Goodell’s blessing. Pash certainly appears to be driving the car but Roger is the gasoline leaking behind it as it explodes over a cliff…

  7. W/L 8-8 TD-19
    W/L 2-6 TD-6
    W/L 1-10 TD-16

    those are his records as a starter after that superbowl.

    does that scream starter in the NFL to anybody?

    even during the super bowl year its very average. 12-4 TD-21 Comp% 58 yard 3197

  8. 4hourelection says:
    November 16, 2019 at 3:46 pm

    The NFL is absolutely disgraceful.

    When Brady retires, I’m done. Been headed that way for years.

    _______________________________________________________________________________

    You wont be missed.

  9. Knew it. Never thought for a minute this was anything but a legal ploy of some kind to Mitigate some element of his ongoing collusion based lawsuit. Did anyone really think the league was acting out of the goodness of their heart?

  10. 3 years later? What a joke.
    Kaepernick wasn’t great his last year, but Mannion, RG3, Geno Smith all have jobs.
    Why everyone went so crazy about Kaepernick’s kneeling shows you how racist the country really is.

  11. How ignorant is the league owners…. avoid him at all cost. I’m shocked any team would even send anyone down there to witness this “workout”

  12. This stinks from the top down !…this was a sham from the begining with the NFL holding all of the cards…Kap did not want to play their [NFL] game and dissolve them of all potential lawsuit culpability regards past agreements and so, we are now back to square one. Forget the whole charade and let any team that wants to work him out…do so !

  13. Goodell, the NFL and Kaepernick deserve each other. We have been played once again. NFL fans are better than this. If today’s events are an insult to your intelligence, boycott a game near you. What has become of this once great league?

  14. So the NFL is protecting themselves from possible future lawsuits and thats a bad thing?

    Seems like good business to me considering CK has opted out of one deal, turned down others and got a settlement from the league.

    This guy is more trouble than hes worth.

  15. wow, this league and commissioner are gross.

    Is Goodell TRYING to make football not exist 20 years from now?

  16. This is hilarious, sounds like the NFL legal ‘experts’ walked themselves into a possible mess…smh

  17. Why do people give this m0r0n so much attention?

    Focus on the Lions drafting TEs in the first round within five years and the fact that they only have one playoff win in 1991 – since 1957.

    Maybe they should move to the CFL, they’re close enough to move to Canada, you could throw a rock from Detroit and hit Canada.

  18. Why does this guy have a legal right to a job with the NFL? Do I have that same right? I could use the cash. It doesn’t take collusion for every owner to take the pulse of their fans and decide that this guy is radioactive and they don’t need that kind of blowback for a backup/bottom tier starter.

  19. I came here to tell the world that nobody cares
    and I can see that a lot of people are here
    not caring too.

  20. NFL is absolutely disgraceful.

    When Brady retires, I’m done. Been headed that way for years.

    As long as they can win right? Clearly you’re not done. Or else you’d stop watching now.

  21. 4hourelection says:
    November 16, 2019 at 3:46 pm
    The NFL is absolutely disgraceful.

    When Brady retires, I’m done. Been headed that way for years..

    _____________________________

    Everyone else is reading this as “When the team I hopped on the bandwagon of stops winning Superbowls….. i am out of here”

  22. Why is this clown still being talked about? He had one great year there was film and eveyone caught on.

  23. So Kaepernick is not interested in playing. He’s interested in his 80$ m contract he thinks he deserves. Whether by playing or lawsuit. Sign him to league minimum, watch the fans of said team revolt then cut him.. just to prove he’s not worth the trouble

  24. It is hilarious to me that any true football fan would believe Trubisky,Chase Daniel,and whoever is quarterbacking the BENGALS is a better quarterback than Kaepernick. It is all personal feelings involved if you don’t want him to be given a chance to play with one of these teams that are desperate for a quarterback.

  25. Say what you will about Kap and his lawyers…you gotta respect how one guy has got that entire multi-billion dollar organization reacting to him, not the other way around. My prediction: Kap ends up running the NFLPA a few years from now as race relations in the NFL deteriorate significantly.

  26. I FULLY supported Kaepernick’s kneeling to protest systemic racism.

    To those fans who didn’t like it, why didn’t you just petition the NFL to stop playing the national anthem before games? There is no good reason for playing the anthem before sporting events, which are just entertainment staged for the financial benefit of the leagues and their players.

    Btw, I’m a white guy.

  27. I find it depressing how many people back the powerful and obviously corruput corporation against one individual. Regardless what you think of his kneeling, he broke no laws, he has a right to work but so many would reject all that for a desire that people to fall in line with their view of the world. Very sad.

  28. The NFL is going to be facing a lot of lawsuits after this workout since there are hundreds, or thousands, of former NFL players who are being ‘blackballed’ by the NFL since they can’t get jobs either. Those players aren’t getting the special treatment that Kaepernick is.

  29. So let’s see. The NFL fails to protect themselves in Febuary from possible future lawsuits, and decides the best way to handle this issue that they created was to do an elaborate plan to trick him into signing his rights away? I guess the only thing I can take from this is Kap’s lawyers are way better than the NFL’s

  30. So let me start by saying that I don’t care if people kneel during the national anthem or dance in a tutu at halftime and sing show tunes. But both sides have been disingenuous on this. Kaepernick is not unemployed because he knelt during the national anthem. He is unemployed because he knelt during the anthem, wore socks depicting police as pigs, wore Castro shirts and praised him, and tweeted that police officers were the equivalent of slave chasers. He is unpredictable and doesn’t care if he pisses off his employees customers. Add to that the media circus that would follow the team.

    Now, Kaepernick does not suck. He is a good player with starter potential in the right offense. However, his talent level does not outweigh the baggage. If it were Russell Wilson, then he would be employed because talent would outweigh baggage. These are decisions that are made hundreds of times a year and nobody cares. We’ve all said about players and baggage “he’s not worth it”.

    Kaepernick does not have a right to play in the NFL. Just like his behavior has led to the consequence of a big Nike contract, so Has it led to the consequence of no NFL contract.

  31. Let’s think this through for a minute – the NFL set this up and made sure the whole world would be watching. Their plan was to nab him with a last minute waiver, knowing full well that the whole world would see right through it??? Come on. Doesn’t pass the smell test, even for the NFL.

    And how could the media access issue not be covered before the last minute? Why would Kap’s team wait until then to insist on it?

    The truth is probably somewhere between the two sides’ stories, but for you to immediately and fully believe the spin being fed to you from Kap supporters is as laughable as it is predictable.

  32. Remember when Kaep took human growth hormones to come back after his injury? No? Me neither. Oh yeah, that was Petyon.
    —————
    At least Peyton had the desire to play and do anything to stay on the field. CK has found a way to scuttle every opportunity to get back on the field. He just wants to appear like he wants to.

    Case closed.

  33. Another dangerously close to having to actually play moment by CK.

    Thank goodness he found a way to get out of it.

    You’d think I’d get tired of being right…but somehow I don’t.

  34. Got drafted high because of his skill set. Got released because of his lack of improvement. It happens to lots of high draft picks.

  35. We should stop all the arguing and divide the country in half. I prefer the side that earns a living, honors our flag, respects those in positions of authority and works together with people of all backgrounds that share these same ideals. This country is an embarrassment to the greatest generation. Be less selfish Americans.

  36. Ahhh…guys….did you just find out that they’re filming a Nike commercial during the workout?

    The change of venue was a setup. The Camera crew for Nike were already setup.

    We all got played, including the NFL.

  37. Kaepernickis like George from Seinfeld, who quits and then comes back for the job he quit from. It doesn’t work that way dude!

  38. Got drafted high because of his skill set. Got released because of his lack of improvement. It happens to lots of high draft picks.

    ____________________________

    You missed the part where he didnt get resigned because he kneeled. The Star Spangled Banner is actually a racist poem if you look at the 3rd and 4th verses. It has no place in sports – they are about the play a game – not going to war. I never stand for the flag when I”m home – who does that?? Lotta pots calling the kettle black

  39. I don’t think any team not represented at his self sponsored event is in jeopardy of being sued for colluding to withhold employment. The NFL sponsored event was cancelled by Kap. In fact, if any team shows up at the new event it would tend to show there isn’t collusion.

    I think the NFL did the right thing. They set up the workout. Told all the teams they “expect “ every team to show up to watch the workout/participate. They then wanted Kap to sign waiver for injury and to acknowledge that they were providing this opportunity to spark interest by some team. The fact that they wanted him to waive future legal action is appropriate. If it turned out that the teams just don’t want him, no lawsuit should result. If later it is discovered that the teams were all instructed to attend but ignore him, he could sue, regardless of a the waiver.

  40. Oh shutup with this nonsense. To me the NFL went out of its way. Name another time they did this for any other player? you cant!

  41. At least Peyton had the desire to play and do anything to stay on the field. CK has found a way to scuttle every opportunity to get back on the field. He just wants to appear like he wants to.

    Case closed.
    __________________________________________________________________________

    Taking HGH isn’t doing anything to stay on the field. It’s taking the easy (and according to the rules, illegal) way out. By the looks of it, Kaep has spent more time in the weight room in the past week than Peyton did in his entire career. There’s a reason why he was the poster boy for Papa Johns and benched for Osweiler in his final year after going 9 TD/17 INT. Desire alone will not keep you from throwing the ball to the other team. Lol.

    Case Closed.

  42. Oh shutup with this nonsense. To me the NFL went out of its way. Name another time they did this for any other player? you cant!

    ___________________________________

    It was when the colluded against that other guy because he didn’t stand for the flag. Name that guy. You can’t!

  43. Can’t intentionally lose bladder control on your employer and expect no consequences, doesn’t matter the industry, how much you earn, you probably; right or wrong; lose your job.

    Just bc it is an issue that needs addressing that doesn’t afford any protection. It’s not fair; time to grow up. You don’t like your employer move on.

  44. Two things: Sooooooooo NOT surprised (I was waiting for the info to come to light)

    Second: Boston fans, done when Brady retires? Of course you are… keep proclaiming how fair weather you are! 😂

  45. I really wonder about a lot of you people. “He sucks, that’s why he’s not playing!”…so he’s worse than Brian Hoyer? Geno Smith? LukeFalk, Jeff Driskal, Jarret Stidham, Matt Barkley, Mike Glennon, Matt Schaub, Trevor Siemian…

    Please. Disingenuous argument at best.

    Others..”Who cares about this guy!”…The NFL are colluding to keep him unemployed, which is against the collective bargaining agreement. Oh, and it’s also illegal, if we’re to nitpick.

    It matters to follow laws, and Follow the contractual obligations you agree to with other parties.

    This league is despicable, disgusting, from coaches and ownership to the league office.
    I don’t agree with Colin on almost anything he stands for but having what is subjectively a bad opinion does not mean he should have been barred from being employed, and he was, don’t fool yourself believing otherwise. Denial of facts just highlights you don’t care about injustice when it comes to others as long as you get what you want, in this case to continue watching this league self destruct year by year.

  46. We should stop all the arguing and divide the country in half. I prefer the side that earns a living, honors our flag, respects those in positions of authority and works together with people of all backgrounds that share these same ideals. This country is an embarrassment to the greatest generation. Be less selfish Americans.
    ———————————————————————–

    Ok, Boomer. Why on earth would someone that wants to work with people of all backgrounds suggest that we divide the country in half to stop the arguing? Literally makes no sense.

  47. CK was never going to sign for backup money anyway. Guy thinks he deserves TB12 money… no idea why. His downside outweighs his upside and his very presence will alienate a large portion of any team’s fan base. Can’t see any team taking a flyer on that unless he’s the second coming of TB12.

  48. So many commenters here are the same reason we’ve got trump running the country. Take your self-righteous phony patriotism and shove it. I hope none of you ever gets put in this situation by the corporatists running the country.

  49. 49ers didn’t want him cuz he lost his edge on the field n was becoming a distraction off. I believe he had offers from other teams that he turned down.Now not one owner wants him on or off the field or have anything to do with their team. If a last place team wanted to give him a 1 year contract, he would prbly not take it. Why, when he can sue the NFL for a 2nd time. He’s a crybaby who couldn’t cut it as a starting NFL Quarterback. Now he’s just looking to pass more blame around (another lawsuit) n making himself more poisonous than he already is. Any team would be crazy and stupid to touch him. Have a nice retirement Kap (after ur 2nd lawsuit money comes in)

  50. Can there just be one comment section that DOESN’T mention Trump or politics in any way!!!!!! Last I read, this article had nothing to do with politics. Get over it and if ur unhappy with your current President, NOVEMBER 2020 WILL BE HERE B4 YOU KNOW IT!!!!!! Go out and vote n do something about it. Keep politics out of sports

  51. Goodell and Pash are hard at work doing whatever it takes to keep the Shield smudge and scandal free. This “workout” is just another way of getting out of the next lawsuit for blackballing CK for 32 months. He isn’t as good as the top tier of QB’s but he certainly could have helped some of the teams saddled with the lousy signal callers over the last couple of years.

  52. Why everyone went so crazy about Kaepernick’s kneeling shows you how racist the country really is…yep, just look at the way that ‘they’ lashed (tongue in cheek) out against poor Myles Garrett. Where’s Taylor Swift when you need her?

  53. Every year there are several players who are released from their team for non-football reasons..There are many other reasons for a player release than gameplay…And most of them are just as valid…And nobody ever says boo about these releases, So what makes this America-hating, Commie-loving little creep so special that the league can’t go on without him..Good bye Krapper, don’t let the door hit you on the way out loser….

  54. I already quit the NBA 100%. NFL is next. The owners and athletes can have all the money they want, but they don’t walk on water.
    My time is More valuable than their money.
    What a waste of time given to this circus.

  55. I know it’s not a fair comparison but I wish Kaepernick had seen and was smart enough to grasp the last episode of season 6 of Mad Men and the episode in season 7 of Mad Men where Don Draper gets his job back. In short Don Draper who has almost single-handedly saved Sterling Cooper time and again is asked to sign a waiver that completely neuters him and sends him back to the JV squad just to stay on with the company. And Draper signs it because deep down he know it’s his only way back in. I’m not saying what the NFL did here is right but if you really want to play Kap just play the stupid rules and get your ass in a uniform. The rest can be worked out later, assuming it even needs to be.

  56. To be clear, the NFL booked an official workout for Colin Kaepernick with a few days’ notice, refused to reschedule it to give everyone more time, and are upset at *Kaepernick* for making last-second requests?

  57. Come on, Florio, you can’t say in a Myles Garrett story that it is a privilege and not a right to play in the NFL and then turn around and say Kap’s rights have been violated. You’re an employment lawyer for God’s sake.

  58. Come on, Florio, you can’t say in a Myles Garrett story that it is a privilege and not a right to play in the NFL and then turn around and say Kap’s rights have been violated. You’re an employment lawyer for God’s sake

    _________________________________________

    Sure he can because both are potentially true.

  59. coltzfan166 says:
    November 16, 2019 at 3:52 pm
    This is getting ridiculous. Somebody just give him a chance already.

    If he sucks, then the team and league can finally justify his unemployment status to diminished play

    ———————————-

    I’m sure teams ARE willing to give him a chance, just not at the high price Kap is demanding. I bet someone sign him to a 1 year prove it deal if only Kap accepted a deal that closer reflected his NFL skill level.

  60. 4hourelection says:
    November 16, 2019 at 3:46 pm
    The NFL is absolutely disgraceful.

    When Brady retires, I’m done. Been headed that way for years
    —————-

    Surprise!!!…Another Bandwagon Patriots’ Fan……

    Bye Felicia….

    Go Hawks!

  61. Eh, maybe. Or maybe, since he’s already sued the league once, they wanted to make sure this workout didn’t guarantee him a job in his mind. As in, “this doesn’t commit us or any of the teams to anything”.

  62. Justin Lemon says:
    November 16, 2019 at 5:36 pm
    I really wonder about a lot of you people. “He sucks, that’s why he’s not playing!”…so he’s worse than Brian Hoyer? Geno Smith? LukeFalk, Jeff Driskal, Jarret Stidham, Matt Barkley, Mike Glennon, Matt Schaub, Trevor Siemian…

    Please. Disingenuous argument at best.

    Others..”Who cares about this guy!”…The NFL are colluding to keep him unemployed, which is against the collective bargaining agreement. Oh, and it’s also illegal, if we’re to nitpick.

    It matters to follow laws, and Follow the contractual obligations you agree to with other parties.

    This league is despicable, disgusting, from coaches and ownership to the league office.
    I don’t agree with Colin on almost anything he stands for but having what is subjectively a bad opinion does not mean he should have been barred from being employed, and he was, don’t fool yourself believing otherwise. Denial of facts just highlights you don’t care about injustice when it comes to others as long as you get what you want, in this case to continue watching this league self destruct year by year.
    ————————–
    None of the Quarterbacks you just named have the ridiculous Circus following them around like Kap. Take a deep breath and realize that Reid, Kaps’ partner in the NFL lawsuit is on the Panthers, so why is he being allowed to play? Because he has talent…..smh…SJW….smh…

    Go Hawks!

  63. Sounds like the Pash Release will be Exhibit 1 in Kap’s next lawsuit. Hope he wins a $100 Million from the NFL. What a bunch of S0Bs.

  64. No NFL team wants Kaepernick on their team, and Kaepernick doesn’t want to be a QB in the NFL.

    Both of these are obvious.

  65. I really don’t understand why the Redskins don’t pursue him. Tell me the current QB situation is any better.
    Tongue-in-cheek: since Colin is all about politics for show, what better community to live in?

  66. rayphinkle says:
    November 16, 2019 at 4:37 pm
    Remember when Kaep took human growth hormones to come back after his injury? No? Me neither. Oh yeah, that was Petyon.

    —-

    Remember when Kaep could read a defense? Neither does anyone else

  67. What a story! One Pro Football backup QB who led his team to a Super bowl stands against 32 owners and their flunkies worth billions

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