and there comes the lawsuit... people have a right to work... and we dont just allow any employer to willy-nilly break contracts without having the law speak on the matter.
I understand this is not a popular cause to take up... but where do we draw our lines? im not gay so will I care if homosexuals are fired for their beliefs? im not black and im not a woman and im not under 5 feet tall nor am I over 7 feet. I dont have any strong religious belief. will i care when some employer decides these are things bad for their image?
where is the line drawn? thats the thing... you got to fight the fight every time they try to drive a wedge in the crack. here is a guy who had a contract. he did some private shit talk with a few friends. now his contract got terminated.
the funny thing about contracts... they are a legal thing. and when you got a misunderstanding about the legality of it then you go to court. the capitals will end up being put on the spot saying if you say bad words about a woman we will terminate your legal contract.
then... they need to stay consistent. the second they screw up and make an exception they will be open for lawsuits. people wrongfully terminated hire lawyers and ask the courts why was I fire and this other guy wasnt.
if dipshit here is in the habit of talking crap with his friends... what are the odds he did it with other teammates before? what are the odds he has a lot of saved conversations himself that he could release in court? who has he shared his crap with before and what did they say?
bad bad bad precedence here. the smart thing would have been waive him to the minors... honor the contract... let him disappear because he sucked as a hockey player. turning this into a free speech debate is not good at all
It is not willy-nilly nor is there much doubt in the legality.
There are morality clauses in NHL contracts that cover things like this.
If there was not a morality clause and the team terminated the contract because they disagreed with his morals, Leipsic, and by extension your arguments/concerns would have a clearer path to counteraction, but it's explicitly written in, and Leipsic knows that and signed to it when he signed his contract. The League even approved it too; you can't just send any contract to termination, which means it must have been vetted against some by-laws (or it was mutually agreed upon, in which case all of this would be moot anyway).
The NHLPA may file a grievance internally, just for due process, but I doubt if there are any external litigations it will be about the termination.
Additionally, there is not real reason why the team would have to say consistent, as it were (other than court of public opinion). It is up to a team when they want to invoke such clauses.
Lastly, in terms of honouring the contract, Leipsic had no more contract left. He was an impending RFA and the last pay cheque had already been resolved so there was no money left owing either (if plays
does resume, admittedly, he could have in theory still played, though, yes).
If Washington, then, had made their decision to part from already and not re-sign him, they then really had 3 choices:
1) terminate him now (either with the player's agreement or invoking a morality clause)
2) not entering club-elected arbitration or offering a qualifying offer, thus letting him become an unrestricted free agent mid-June (dates are a little subject to what happens with the draft)
3) offer him a qualifying offer (at the risk him accepting the offer or electing for player-elected arbitration and being stuck with him) and retain his rights but not sign him, effectively holding him hostage from the NHL and any League with a transfer agreement
Option 3) is just bad for many reasons.
Option 2), it might be the path of least resistance, but it just prolongs the process and makes the Capitals look non-committal in the court of public opinion by not just sitting on it
Option 1) is clear, direct, legal, and if grieved they can easily point to options 2&3 and claim they were actually doing him a favour by not holding him for longer, allowing him to begin his own process of reconciliation and finding new work