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SR
10-06-2007, 12:58 PM
This is what Henry has put at risk financially by allegedly smoking dope.

http://sports.espn.go.com/nfl/news/story?id=3051568

Tned
10-06-2007, 01:01 PM
This is what Henry has put at risk financially by allegedly smoking dope.

http://sports.espn.go.com/nfl/news/story?id=3051568

I hope this article is correct, but I just don't understand how it could be, when the CBA specifically forbids this:


The contract with the Broncos includes language that stipulates Henry must repay a $6 million signing bonus, or whatever portion of it he has been paid, if he is suspended for drugs at any time during the term of the deal.

Retired_Member_001
10-06-2007, 01:08 PM
Henry's main worry shouldn't be the legal situation with the NFL.

It should be the legal situation that he will face when he can't pay child support.

Hopefully his kids aren't as dumb as he is.

Lonestar
10-06-2007, 01:42 PM
Loss of income could also affect Henry's ability to meet certain legal responsibilities. In a child-support action in Georgia earlier this year, it was revealed that Henry has fathered nine children by nine different women. Courts in several jurisdictions have ordered him to make child-support payments for seven of the children.

Does this bother anyone else?

I had hoped that mikey had learned his "character lessons already with gardner and the king of IHOPs

Sorry I did not realize this clown had this additional lack of morality, on top of the drug issues.

HORSEPOWER 56
10-06-2007, 03:06 PM
I hope this article is correct, but I just don't understand how it could be, when the CBA specifically forbids this:

I don't think the CBA forbids these type of clauses. It does, however, forbid a team from releasing a player for a failed drug test. That was why when Quincy Carter popped for coke a few years ago, the Cowboys cut him for "poor performance" (strangely he was the starting QB) not because of a positive test. Had they tried to cut them over the test. he would've had grounds to sue them.

As long as we don't try to cut Henry, we're okay. We can force him to give the money back. We can also suspend him without pay. We just can't release him outright over a failed drug test.

HORSEPOWER 56
10-06-2007, 03:08 PM
Loss of income could also affect Henry's ability to meet certain legal responsibilities. In a child-support action in Georgia earlier this year, it was revealed that Henry has fathered nine children by nine different women. Courts in several jurisdictions have ordered him to make child-support payments for seven of the children.

Does this bother anyone else?

I had hoped that mikey had learned his "character lessons already with gardner and the king of IHOPs

Sorry I did not realize this clown had this additional lack of morality, on top of the drug issues.

I think you're the only one who didn't know, JR. It was a hot topic a few weeks ago.

Lonestar
10-06-2007, 03:42 PM
I think you're the only one who didn't know, JR. It was a hot topic a few weeks ago.

Must have missed that conversation, I knew about the drug thing was told it was not an issue for the future.

That still does not allow the clown to be scum bag. Having one kid out of marriage is a mistake. Two a maybe but after 2 it is planned parenthood. If there was ever a time for forced sterilization this would be the clown to do it
to.

HORSEPOWER 56
10-06-2007, 04:07 PM
Must have missed that conversation, I knew about the drug thing was told it was not an issue for the future.

That still does not allow the clown to be scum bag. Having one kid out of marriage is a mistake. Two a maybe but after 2 it is planned parenthood. If there was ever a time for forced sterilization this would be the clown to do it
to.

It just means that the signing bonus that's already gone out to him is really going to child support for 9 kids. Personally, I don't care what he does or how many kids he has, but I do know that those 9 kids will have it better than my 3 kids (financially speaking) so I'm not that worried about it. It's not like he can really be a dead-beat dad...everyone knows where he works!

At this point with al the drug allegations, maybe it's better if he's not around his kids? Maybe he wouldn't exactly be the kind of role model they need? The fathering 9 kids by different mothers doesn't really change my opinion of him because he can financially support them. It takes two to tango and the mothers knew exactly what they were doing. NTM, just because Travis went to college doesn't mean he's smart. :whoknows:

For me, it's nicer to hear that he fathered 9 healthy children than paid 9 would-be mothers to have abortions!

Tned
10-06-2007, 04:48 PM
I don't think the CBA forbids these type of clauses. It does, however, forbid a team from releasing a player for a failed drug test. That was why when Quincy Carter popped for coke a few years ago, the Cowboys cut him for "poor performance" (strangely he was the starting QB) not because of a positive test. Had they tried to cut them over the test. he would've had grounds to sue them.

As long as we don't try to cut Henry, we're okay. We can force him to give the money back. We can also suspend him without pay. We just can't release him outright over a failed drug test.

Maybe, but unless there is CBA approved language for forfeiting salary due to drug tests and that laguage isn't actually contained in the CBA, I don't see how they can. See the section on forfeiture below, with "e" specifically stating that contracts cannot have such provisions.


I hope there is a way to get him rehabbed and on the field or a way to go after his signing bonus, but I am afraid that might be tough. some of the guys are pretty cap wise, so if they say there is a way, there very well could be, but looking at the CBS clauses, I don't see it:


Section 9. Limitations on Salary Forfeitures:
(a) No forfeitures of signing bonuses shall be permitted, except that players and Clubs may agree: (i) to proportionate forfeitures of a signing bonus if a player voluntarily retires or willfully withholds his services from one or more regular season games; and/or (ii) that if a player willfully takes action that has the effect of substantially undermining his ability to fully participate and contribute in either preseason training camp or the regular season (including by willfully withholding his services in either preseason training camp or during the regular season or willfully missing one or more games), the player may forfeit the greater of: (a) 25% of the prorated portion of his signing bonus for the applicable League Year for the first time such conduct occurs after the beginning of training camp until the end of the season for his Club, and the remaining 75% prorated portion of his signing bonus for the applicable year for the second time such conduct occurs during that period that year; or (b) the proportionate amount of his signing bonus allocation for each week missed (1/17th for each regular season week or game missed).

(b) If a player with a signing bonus forfeiture clause voluntarily retires and misses the remainder of the season, and the player then reports back to the Club in the subsequent season, then the Club must either (i) take the player back under his existing contract with no forfeiture of the remaining proportionate signing bonus allocation, or (ii) release the player and seek repayment of any remaining proportion of the signing bonus allocated to future League Years.

(c) No forfeitures permitted (current and future contracts) for signing bonus allocations for years already performed, or for other salary escalators or performance bonuses already earned.

(d) A player’s right to receive and/or retain a signing bonus may not be conditioned on the player’s participation in voluntary off-season programs or voluntary minicamps, or for adverse public statements, provided that the Club may have non-proratable participation bonuses for its off-season workout program.

(e) Player Contracts may not contain individually negotiated provisions for forfeiture relating to violations of the Policy on Anabolic Steroids and Related Substances or the NFL Policy and Program for Substances of Abuse (which policies will address this issue), or for failing any drug test.

(f) Except as provided above, existing contract forfeiture provisions entered into before the end of the 2005 regular season will be in full force and effect for the duration of the current contract, and any extensions resulting solely from effectuation of existing contract provision (e.g., option years). If a Player Contract with a forfeiture provision entered into before the end of the 2005 regular season is otherwise extended or renegotiated, the amount of Salary agreed to in the contract prior to its extension or renegotiation shall be subject to forfeiture to the same extent as provided prior to such extension or renegotiation.

(g) For purposes of this Section 9, the terms “proportionate forfeitures” and “proportionate amount” mean 1/17th of that year’s signing bonus allocation for each regular season week or game missed.

Fan in Exile
10-06-2007, 08:05 PM
Maybe, but unless there is CBA approved language for forfeiting salary due to drug tests and that laguage isn't actually contained in the CBA, I don't see how they can. See the section on forfeiture below, with "e" specifically stating that contracts cannot have such provisions.

What you're missing is that Henry won't lose the signing bonus because of the failed drug test he will lose it because of the suspension. I admit it's a fine point, but that's why contract lawyers make all that money.

This just emphasizes how stupid it was for him to smoke at the time he did. before he cycled out of the drug program one year suspension loss of signing bonus. After he cycled out no suspension for the first failure and no loss of bonus.

Tned
10-06-2007, 08:38 PM
What you're missing is that Henry won't lose the signing bonus because of the failed drug test he will lose it because of the suspension. I admit it's a fine point, but that's why contract lawyers make all that money.

This just emphasizes how stupid it was for him to smoke at the time he did. before he cycled out of the drug program one year suspension loss of signing bonus. After he cycled out no suspension for the first failure and no loss of bonus.

I'm not missing it. My understanding is that the player forfeits the salary during the suspension, but the team still has to pay it and count it against the salary cap. The NFL takes that money and donates it to a NFL approved charity.

Requiem / The Dagda
10-06-2007, 08:46 PM
Thanks for the read, I appreciate it. This whole salary forfeiture/CBA clause stuff has me steaming. I just want to know exactly how it is. Someone on the Mane reported that Schefter said if we did something with Henry, the cap hit would only be "mild" - and I know T you did some work (that 1/3 - 2008 to 2/3 2009 - cap hit spread) the other day, but I just want to know how it is for sure. It's driving me crazy!

2- Minute Warning
10-06-2007, 08:50 PM
Thanks for the info, this will be interesting for sure,:shocked:

Tned
10-06-2007, 09:57 PM
Thanks for the read, I appreciate it. This whole salary forfeiture/CBA clause stuff has me steaming. I just want to know exactly how it is. Someone on the Mane reported that Schefter said if we did something with Henry, the cap hit would only be "mild" - and I know T you did some work (that 1/3 - 2008 to 2/3 2009 - cap hit spread) the other day, but I just want to know how it is for sure. It's driving me crazy!

Yea, me too. Since we don't have the benefit of actually seeing his contract or other documents the teams and union go by (other than the CBA), we are kind of in the dark.

SR
10-07-2007, 12:14 AM
For those of you who are worried about his child support...he makes $65k per month. He pays $22k per month in child support. The man is doing FINE.

Lonestar
10-07-2007, 10:18 AM
For those of you who are worried about his child support...he makes $65k per month. He pays $22k per month in child support. The man is doing FINE.

Probably closer to 40K after taxes and how do you expect someone to live on $18 Grand?

Retired_Member_001
10-07-2007, 10:20 AM
Probably closer to 40K after taxes and how do you expect someone to live on $18 Grand?

Whilst having an obvious addiction to Marijuana?

Lonestar
10-07-2007, 10:26 AM
Whilst having an obvious addiction to Marijuana?

Perhaps addicted to more, and lets not forget the rotating bedroom door. That has to cost him a bundle also. One wonders how much to keep his OBGYN on call, bills are.

Retired_Member_001
10-07-2007, 10:36 AM
Perhaps addicted to more, and lets not forget the rotating bedroom door. That has to cost him a bundle also. One wonders how much to keep his OBGYN on call, bills are.

:laugh::laugh:

9 children with 9 different women, damn. I wonder if the word "condom" is even in his dictionary.

Fan in Exile
10-07-2007, 01:20 PM
I'm not missing it. My understanding is that the player forfeits the salary during the suspension, but the team still has to pay it and count it against the salary cap. The NFL takes that money and donates it to a NFL approved charity.

I believe that you are correct about what happens to the salary during the suspension. However I wasn't addressing that I was talking about how the Broncos can recover the bonus that was paid to Henry.

The question was how could they have that clause when when the CBA seems to forbid it. The answer is that they aren't getting it back because of the failed drug test but because of the suspension. If he would have failed the drug test without getting suspended then they couldn't get it back. If/when he gets suspended they can recover it.

Tned
10-07-2007, 09:55 PM
I believe that you are correct about what happens to the salary during the suspension. However I wasn't addressing that I was talking about how the Broncos can recover the bonus that was paid to Henry.

The question was how could they have that clause when when the CBA seems to forbid it. The answer is that they aren't getting it back because of the failed drug test but because of the suspension. If he would have failed the drug test without getting suspended then they couldn't get it back. If/when he gets suspended they can recover it.

I hope that is the case. I know that the Falcons are planning on going after a refund on Vick's signing bonus and therefore cap relief, but I did not think that was possible in the drug-related suspension. Hopefully, I am wrong and the Broncos can stop paying the guaranteed money, which is a bigger issue then recovering the $2 million in bonus money they already paid.