Proposal: Nichushkin...if contract termination isn't an option

[GirardSpinorama]

Being in the player assistance program is, by definition, not a breach of contract. They might have a case if he uses up all of the strikes in the program, but as it is now they will lose when he sues to get all of his money.

Getting suspended with no pay means hes breached the contract.

 

[StreetHawk]

For the Avs they need to know if they need to account for his cap hit at some point in 24/25 before Free Agency begins. So, NHL and Avs have 6 weeks or so to figure that out.

 

[vipera1960]

Getting suspended with no pay means hes breached the contract.

No it doesn’t. The player assistance program he is in is an NHL/NHLPA sponsored benefit that is part of his contract.

 

[GirardSpinorama]

The Richards situation was very different.

I know you're hoping hoping hoping but unless it's mutual, termination ain't happening.

Its not gonna be a standard buyout. But that argument is semantics if you call it a termination or buy out. It'll likely be a settlement between the two parties.

Richards was smuggling drugs across a border and LA got punished for attempting to terminate. They still have five more years of cap penalties after this year.

Last point is fair. I didnt realize richards still incurred a minor cap hit.

 

[GirardSpinorama]

No it doesn’t. The player assistance program he is in is an NHL/NHLPA sponsored benefit that is part of his contract.

No you're right, hes in stage 3 of the program. If he violates it again, hes placed in stage 4.

"After three violations, an entrant is placed in Stage 4, which carries a one-year suspension without pay and no guarantee of reinstatement".

Looking at it again, the Avs might have to just live with reinstatement and if it gets to stage 4, theres no need for contract termination, he might as well be banned.

 

[LOFIN]

I disagree wholeheartedly with the folks here who are suggesting there would be no interest around the league. Nichushkin is probably the best player to ever be in this situation. Kane was close with numbers, but Nuke is much better player than him. And I would even go as far as arguing that Kane was more toxic than Nuke is now, and Kane still got a contract. And Edmonton was not the only option.

Is it a risk at that contract? I would actually argue no. Because if he fails again, he's out from the league for good and at that point there is zero doubt that the team would be given relief on the cap hit. If he stays clean, it's a bargain of a contract.

As for the point of the thread itself, the value in the trade market. I don't think it's negative, but obviously because the Avs would be looking to unload him no team would probably be willing to pay anything that significant.

 

[The Macho King]

Richards was smuggling drugs across a border and LA got punished for attempting to terminate. They still have five more years of cap penalties after this year.

And they had something approaching a good argument, in that Richards had a chance of losing his visa. It was a low chance, but that at least would have kept him from being able to actually meet the terms of his contract.

 

[KevinRedkey]

Ottawa has a slightly used Korpisalo if you're interested? Lol

 

[NOTENOUGHRYJOTHINGS]

Does his cap hit count while in the players assistance? If it doesn't count or he can be LTIR just keep him. Let him back into the playoffs and be over the cap.

 

[Fulmination]

Not how it works. Thr player assistance program is not meant to take accoutability away from the player. Hes already suspended without pay.


Tell that to Mike Richards. Buy outs are not used for situations like this because theres a material breach od contract. Theres gonna be a settement though.

Wasn’t Richard’s because he took drugs across the boarder?

Much bigger crime level than a user of a drug.

 

[themelkman]

Because hes had success someone will take him, but the terms wont be favourable to Colorado.

Team like Edmonton could be a fit

 

[Pierce Hawthorne]

Because hes had success someone will take him, but the terms wont be favourable to Colorado.

Team like Edmonton could be a fit

They aren't going to trade him. Buyout or termination.


I'd bet on termination, no doubt the Avs lawyers' are a hell of a lot better at their jobs than all of the lawyers we have here on HF apparently.

 

[bleedgreen]

Or he just comes back and continues his career. Not like he’s not a great player.

 

[DFC]

There is a collectively bargained process to discipline people in his situation - there's zero chance a contract termination holds up.

Looking it up - a buyout isn't crippling for the Avs. If they want out of it that's probably the way.

Has this changed since the Ryan Malone situation? Wasnt that a termination?

Edit: Nope, compliance buyout, thus no cap hit and my confusion.

 

[The Macho King]

Has this changed since the Ryan Malone situation? Wasnt that a termination?

That was our second compliance buyout.

 

[lionsDen]

Because hes had success someone will take him, but the terms wont be favourable to Colorado.

Team like Edmonton could be a fit

I’d rather keep him than send him to Edmonton.

If he hits stage for he’s gonzo. So he gets clean(good for Colorado) or he messes up again and is banned.

 

[themelkman]

I’d rather keep him than send him to Edmonton.

If he hits stage for he’s gonzo. So he gets clean(good for Colorado) or he messes up again and is banned.

You think he can return to the team? Seemed like the other players wouldnt be very excited for that

 

[lionsDen]

You think he can return to the team? Seemed like the other players wouldnt be very excited for that

No doubt that he’s worn out his welcome. Buyouts would be crippling to the team. No good answer here. If his past is any indication, it won’t be an issue cause he’ll go to stage 4. He’s a really good player. It’ll be interesting to follow this summer

 

[Double Dion]

You read this guy's rap sheet and it screams Oilers. That's the only team that would take him at this point.

 

[calder candidate]

Did LA get to terminate Richard contract?

 

[archangel2]

Unprecedented situation given his performance, loss of trust based on off ice issues, the nature of those issues, and contract.

What would his value be?

No team will touch him unless they get him for free

 

[Pierce Hawthorne]

Did LA get to terminate Richard contract?

Yep.

 

[Captain97]

Did LA get to terminate Richard contract?

Yes and we're given some weird longterm penalty of a small cap hit

 

[CanMerc]

per the Mike Richards situation…for those who need/want the info

The Kings terminated his contract in 2015 after Richards was arrested crossing the Canada/US border for possession of oxycodone, a controlled substance, without a prescription.
It was announced that the club had terminated Richards' contract, which had five years remaining, for "a material breach of his Standard Player's Contract." A grievance was filed by the NHLPA on behalf of Richards to contest the termination, to which the Kings announced a settlement with Richards, thus making him a free agent.

The Kings agreed to or were slapped with 5 years of recapture penalties and 17 years of termination fees.

I don’t think Richards was ever in the NHL Player Assistance program… which makes his case different from that of Nichushkin

 

[GAGLine]

It always amazes me to watch people on an internet forum speculating about things and not taking 2 seconds to look it up.

Insider on whether the Avalanche can terminate Nichushkin's contract

TSN Insider Pierre Lebrun sheds some light on what options the Colorado Avalanche have when dealing with Valeri Nichushkin and his six-month suspension

www.bladeofsteel.com