Kings terminating Mike Richards contract for material breach [upd: grievance filed]

[Dr Johnny Fever]

When all is said and done, the Kings will lose. And with Richards contract reinstated the Kings will owe him one more full season of salary before they can buy him out next year. That will be Richards' revenge.

It wouldn't surprise me to then see the Kings send him home so as not to get hurt this year. At that point the league will step in like they did after the lockout and and allow the buyout to happen now except for the fact that the Kings will be required to pay his full salary this year and base the buyout on what remains after that.

 

[tsanuri]

When all is said and done, the Kings will lose. And with Richards contract reinstated the Kings will owe him one more full season of salary before they can buy him out next year. That will be Richards' revenge.

It wouldn't surprise me to then see the Kings send him home so as not to get hurt this year. At that point the league will step in like they did after the lockout and and allow the buyout to happen now except for the fact that the Kings will be required to pay his full salary this year and base the buyout on what remains after that.

I agree that they might send him home after he is assigned to Ontario but not because they care if he gets hurt. All that would do is actually help the team since he could go on LTIR.

 

[Dr Johnny Fever]

I agree that they might send him home after he is assigned to Ontario but not because they care if he gets hurt. All that would do is actually help the team since he could go on LTIR.

You bring up an interesting point. Would the team rather play him in Ontario taking the chance that an injury could put them on the hook for the remaining years of the contract while possibly getting LTIR cap relief, or would they just prefer to bite the bullet on the buyout for a little bit less money and cap hit over a longer period? also, might they view him as a potential cancer in Ontario and just not want him around?

 

[Sagebuster]

Once again, pretty much agree but I can see Richards trying to get some revenge if he can.

Regarding my thoughts on the privacy issue, it is more about how the Kings might have gotten the information and whether or not they might have violated Canadian privacy laws which tend to be stricter than in the US. Again, just speculating now that we are waiting for the arbitration hearing.

Unless Mike Richards name, his having had a SPC with the Kings, or that the Kings felt within their rights to terminate that SPC due to a material breach; are pieces of information about Mike Richards that are protected by privacy laws, what exactly are you imagining that the Kings have revealed about Mike Richards that would be a violation of his privacy?

If how the Kings learned of Mike Richards arrest was a violation of Mike Richards privacy, the party Mike Richards would go after is the one that provided that information to the Kings. That is, unless you are suggesting the Kings hired some hacker or P.I. to illegally obtain information that they didn't know existed.

 

[moosehead81]

Regarding my thoughts on the privacy issue, it is more about how the Kings might have gotten the information and whether or not they might have violated Canadian privacy laws which tend to be stricter than in the US. Again, just speculating now that we are waiting for the arbitration hearing.

This has bothered me from the get go. If, in fact, the contract termination is solely based or even remotely connected to Richards' apparent arrest and detention while crossing the border, 2 months later to be charged for possession of some amount of oxy, and assuming Richards did not report the issue to the Kings at the time of the apparent offence, how did the Kings find out about the issue? The only logical answer is (assuming nobody from Border Services or the Mounties called them) is that somebody in Richards' camp (his agent?) told them, likely in the middle of the Friday night draft, some 9 days later. One would think that the Kings would not then, some 48 hours later, terminate the contract without some definitive proof of wrong-doing. Even if the Kings got just a whiff of wrong-doing on the Friday night, Border Services and/or the Mounties would not provide any information to them within the following 48 hours, even if they asked. At least I hope not.

I expect (and we may never know with certainty) that Richards through his agent provided them with all the information the Kings needed on the Friday night. If true, his agent obviously didn't feel that it would result in the reaction it did.

 

[tsanuri]

You bring up an interesting point. Would the team rather play him in Ontario taking the chance that an injury could put them on the hook for the remaining years of the contract while possibly getting LTIR cap relief, or would they just prefer to bite the bullet on the buyout for a little bit less money and cap hit over a longer period? also, might they view him as a potential cancer in Ontario and just not want him around?

They only send him to Ontario before going home to force him through wavers and giving the team the 900K cap relief max on a single contract. That's if it comes to that.

 

[moosehead81]

If how the Kings learned of Mike Richards arrest was a violation of Mike Richards privacy, the party Mike Richards would go after is the one that provided that information to the Kings.

It is a very serious invasion of privacy if a government official provided information to the Kings with enough substance that the Kings felt justified to terminate Richards' contract within some 48 hours of the Friday night draft. If found, that official would likely have his employment terminated and potentially be personally subject to civil action, along with his/her department.

 

[tsanuri]

This has bothered me from the get go. If, in fact, the contract termination is solely based or even remotely connected to Richards' apparent arrest and detention while crossing the border, 2 months later to be charged for possession of some amount of oxy, and assuming Richards did not report the issue to the Kings at the time of the apparent offence, how did the Kings find out about the issue? The only logical answer is (assuming nobody from Border Services or the Mounties called them) is that somebody in Richards' camp (his agent?) told them, likely in the middle of the Friday night draft, some 9 days later. One would think that the Kings would not then, some 48 hours later, terminate the contract without some definitive proof of wrong-doing. Even if the Kings got just a whiff of wrong-doing on the Friday night, Border Services and/or the Mounties would not provide any information to them within the following 48 hours, even if they asked. At least I hope not.

I expect (and we may never know with certainty) that Richards through his agent provided them with all the information the Kings needed on the Friday night. If true, his agent obviously didn't feel that it would result in the reaction it did.

I doubt the agent even told the team then.

My best guess would be that with the possibility of an impending trade they ran a background check. And since both the US and Canada share border info something flagged about that day and him being stopped and questioned for drugs. And all that would be fully above board and legal.

 

[moosehead81]

I doubt the agent even told the team then.

My best guess would be that with the possibility of an impending trade they ran a background check. And since both the US and Canada share border info something flagged about that day and him being stopped and questioned for drugs. And all that would be fully above board and legal.

I'm sorry but no it would not. He was arrested in Canada, he's a Canadian citizen and he's subject to Canadian laws regarding protection of privacy. And there's no way the Kings would be able to perform an adequate background check within 48 hours on a weekend to boot. Remember on a Friday he was tradable; on the Sunday his contract was terminated. I'm not denying American border officials may eventually have a red flag on Richards' file but they would be way outside their authority to share that information with the LA Kings if asked.

 

[Dr Johnny Fever]

They only send him to Ontario before going home to force him through wavers and giving the team the 900K cap relief max on a single contract. That's if it comes to that.

So you're saying you think they wouldn't want him playing in Ontario at all, even if he was willing (which of course he would have to be in order to collect on the contract)? I could easily see that.

 

[Riptide]

At the end of the day, when a appeal happens, one side will have turned out to "have wasted everyone's time". The Kings are pursuing an avenue that they believe has a chance of working.

Wrong. The only way someone would have wasted someone's time was if the NHL allowed LA to attempt this on something completely asinine - which I do not think they'd allow.

Even if Richards' loses, in no way shape or form did he "waste everyone's time", because everyone knew that he'd grieve this. In fact I think many were surprised it took so long for the NHLPA to do so. LA on the otherhand, perhaps. However this is an option that's available to them in the CBA, and something they've decided to attempt to use. I don't think even they had high hopes that it would be successful, but I think they looked at it as the reward outweighs the risk (only paying the recapture penalty for 5 years vs paying the buyout penalty for 10 years AND paying Richards 14.52 million).

 

[tsanuri]

I'm sorry but no it would not. He was arrested in Canada, he's a Canadian citizen and he's subject to Canadian laws regarding protection of privacy. And there's no way the Kings would be able to perform an adequate background check within 48 hours on a weekend to boot. Remember on a Friday he was tradable; on the Sunday his contract was terminated. I'm not denying American border officials may eventually have a red flag on Richards' file but they would be way outside their authority to share that information with the LA Kings if asked.

You're assuming they hadn't been running one and got the results on Friday at the draft. Because that is where they got the info by reports. And I hate to tell you but border info is shared between Canada and the USA in real time.
http://www.ottawasun.com/2014/01/16/canada-us-to-share-real-time-border-crossing-details
Now it can be argued if the team has access to this info or not. But it's there. And I'm sure because of the nature of his job and having to cross borders he signed a waver for the team to look at things.

 

[Riptide]

I agree that they might send him home after he is assigned to Ontario but not because they care if he gets hurt. All that would do is actually help the team since he could go on LTIR.

Except if he gets hurt, they cannot buy him out until he's healthy enough to play. That could be a long term thing, OR he could get hurt mid season and be out until mid season the following year.

This is why I maintain that the NHL/NHLPA will allow LA to buy him out this year (basically right after this is settled) vs putting him on a roster and just riding out the year hoping that they can either trade him or buy him out next summer.

 

[Riptide]

I doubt the agent even told the team then.

My best guess would be that with the possibility of an impending trade they ran a background check. And since both the US and Canada share border info something flagged about that day and him being stopped and questioned for drugs. And all that would be fully above board and legal.

Am still going with the theory that he talked to a lawyer on Friday then informed the Kings (or his agent did on his behalf) after talking to the lawyer. Hence the 9 day wait. At least I think this is what he'll be telling the arbitrator and/or the media (if we ever hear his reasoning's).

 

[tsanuri]

Am still going with the theory that he talked to a lawyer on Friday then informed the Kings (or his agent did on his behalf) after talking to the lawyer. Hence the 9 day wait. At least I think this is what he'll be telling the arbitrator and/or the media (if we ever hear his reasoning's).

I don't fully buy that the team is going on notification but they might be. But if someone that was working for Richards did notify the team even at this later date. I see that being even a bigger hurdle.
And I don't think we'll ever know what the reasons were really. Since the arbitration hearing is sealed. We'll get a ruling that the arbitrator found for "x" party. Followed by a press release by the league saying that he was bought out. Which like you I think the league will do.

 

[Gilligans Island]

Except if he gets hurt, they cannot buy him out until he's healthy enough to play. That could be a long term thing, OR he could get hurt mid season and be out until mid season the following year.

This is why I maintain that the NHL/NHLPA will allow LA to buy him out this year (basically right after this is settled) vs putting him on a roster and just riding out the year hoping that they can either trade him or buy him out next summer.

Yeah, if the Kings lose and Richards can't be bought out, I see them sitting him out for the season. It would be poetic justice if he got hurt at the end of the season in the AHL and thus, couldn't be bought out next offseason.

 

[moosehead81]

You're assuming they hadn't been running one and got the results on Friday at the draft. Because that is where they got the info by reports. And I hate to tell you but border info is shared between Canada and the USA in real time.
http://www.ottawasun.com/2014/01/16/canada-us-to-share-real-time-border-crossing-details
Now it can be argued if the team has access to this info or not. But it's there. And I'm sure because of the nature of his job and having to cross borders he signed a waver for the team to look at things.

The article essentially states that the Canadian/American authorities will advise each other of "border crossings". That's far under the threshold of "Oh by the way, Mike Richards crossed the border this afternoon. We detained him and arrested him on suspicion of possession of oxycodone. He wasn't charged". And even if that degree of information is immediately shared when an individual crosses the border, privacy rules prevent either authority from sharing that with an individual's employer And, even if there's an obligation on an NHL player to sign your "waiver" thereby, in your opinion, releasing an authority from providing information to an employer, there's no way the Kings could have obtained enough accurate information to satisfy themselves that a contract termination was legitimate within 48 hours on a week-end.

No, the only way the Kings could have obtained the information they required would have been through Mike Richards or his agent.

 

[onlyalad]

Am still going with the theory that he talked to a lawyer on Friday then informed the Kings (or his agent did on his behalf) after talking to the lawyer. Hence the 9 day wait. At least I think this is what he'll be telling the arbitrator and/or the media (if we ever hear his reasoning's).

It may be that the Kings called Richards because of a possible trade. Maybe to find out when he could be available for a physical ( his conditioning has been an issue). When they called , Richards or his agent, he said that his passport was being held and he wasn't sure when he would get it back.

 

[moosehead81]

It may be that the Kings called Richards because of a possible trade. Maybe to find out when he could be available for a physical ( his conditioning has been an issue). When they called , Richards or his agent, he said that his passport was being held and he wasn't sure when he would get it back.

"They" don't take your passport. That only happens in the movies. Sheesh!

 

[Riptide]

I don't fully buy that the team is going on notification but they might be. But if someone that was working for Richards did notify the team even at this later date. I see that being even a bigger hurdle.
And I don't think we'll ever know what the reasons were really. Since the arbitration hearing is sealed. We'll get a ruling that the arbitrator found for "x" party. Followed by a press release by the league saying that he was bought out. Which like you I think the league will do.

Meh, I think once more people are in the know then just the LA Kings, that we'll hear a little more. Perhaps not the full story, but more then what we're hearing now.

 

[KINGS17]

Once again, pretty much agree but I can see Richards trying to get some revenge if he can.

Regarding my thoughts on the privacy issue, it is more about how the Kings might have gotten the information and whether or not they might have violated Canadian privacy laws which tend to be stricter than in the US. Again, just speculating now that we are waiting for the arbitration hearing.

Revenge? Dean Lombardi gave Richards a break by not using a compliance buyout on his contract in the summer of 2014. Mike Richards only has himself to blame for his currrent problems.

 

[KINGS17]

"They" don't take your passport. That only happens in the movies. Sheesh!

May not be able to enter the U.S. at this time. Same idea.

 

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