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Re: So can the Lions force Megatron to unretire?

September 10, 2017 07:41AM
Quote
9er8er
The contract absolutely does compel him to play, at least from an ethics perspective. It also does from a legal perspective. He promised to render services as long as the Rams have upheld their end of their agreement, which they have. He is/was in both legal and moral violation of the pact.

Your argument boils down to a claim that contracts are meaningless, but that is very much opposite of the truth in any functional free society. His "right to liberty and personal autonomy" was what he exercised when he FREELY entered into the agreement. Just as Stan Kroenke has no moral or legal right founded in his right to personal liberty to suddenly withhold paychecks to Donald if he's abiding by his agreement, nor does Donald have such such moral or legal rights to withhold services.

Contracts that are freely entered into and hold each party to their word are linchpins of liberty, not threats to it that a party is avoiding by breaking their promise.

Or the 49ers Chris Borland?

Me thinks not b/c they have a right to retire. Or join the armed forces. Or refuse their services for whatever reasons they deem necessary. There is no difference between the three.

In fact, the CBA and the NFL Players Contract acknowledge this b/c all three of those choices mentioned above are always treated in the same paragraph.

AD's contract is an employment contract for personal services. No court in the land will force someone to work for an employer. The most they will do is grant an injunction to prevent you from working for a competitor.

Court have held that "it would be an invasion of one’s natural liberty to compel him to work for or to remain in the personal service of another...." and elsewhere, "The rule, we think, is without exception that equity will not compel the actual, affirmative performance by an employee of merely personal services . . . .”

Many courts have likened that type of constraint to a condition of involuntary servitude - i.e. slavery - which runs afoul of the Thirteenth Amendment. So no, his contract does Not compel him to play.

On your Stan Kroenke analogy, it's not equivalent.

Kroenke withholding paychecks =
AD getting a signing bonus and then not showing up.

In both cases, the other party has performed and the breaching party is withholding what they said they will give in exchange.

But Donald quitting or retiring without pay is always the right of an employee. And there's nothing morally or legally wrong with an employee exercising that right.

My argument doesn't amount to making contracts meaningless since the contract terms are already in place and dictate what happens if he chooses to exercise his personal, Constitutional, and plain simple human decency liberty right of deciding he doesn't want to be employed anymore.

In such a case, Donald's "damages" he owes if you will are: 1) give back any money advanced, 2) no paychecks, and 3) IF he decides to play football again, he has to play for the Rams.

As with any employment contract, his promise was not that he's going to work for an organization under any and all circumstances; it was essentially that IF he's going to work in football it would be with the Rams for 5 years.

If there is still disagreement - which is fine - we should let it lie here. Let's agree to disagree.

There's a game coming up soon and AD is back anyway...

Enjoy the game!
SubjectAuthorViewsPosted

  I was on Donald's side until now....

stlrams131092September 07, 2017 02:11PM

  Re: That goes both ways though right?

dzrams369September 07, 2017 02:38PM

  Re: That goes both ways though right?

stlrams13336September 07, 2017 02:39PM

  Re: That goes both ways though right?

reggae378September 07, 2017 05:17PM

  Makes you wonder why any of them play...

max466September 07, 2017 02:41PM

  Re: That's just it...

dzrams301September 07, 2017 03:03PM

  Define maximize

max288September 07, 2017 03:15PM

  Re: Define maximize

dzrams267September 07, 2017 03:30PM

  Re: That's just it...

bigjimram21274September 07, 2017 07:08PM

  Re: Makes you wonder why any of them play...

Rampage2K-254September 07, 2017 10:12PM

  Re: That goes both ways though right?

JamesJM371September 07, 2017 02:44PM

  I'll say!!! As a Firefighter.....

Ramgator408September 07, 2017 02:51PM

  Re: I'll say!!! As a Firefighter.....

dzrams403September 07, 2017 02:59PM

  Say what???

Ramgator250September 08, 2017 06:23PM

  You're asking the wrong question

RamUK347September 09, 2017 02:51AM

  just saw that and a hearty +1

RamUK276September 07, 2017 05:26PM

  Re: Yes...

dzrams240September 07, 2017 02:52PM

  Re: That goes both ways though right?

Old Goat322September 07, 2017 02:48PM

  Re: Boy Howdy OG...NM

laram368September 07, 2017 02:50PM

  Re: That goes both ways though right?

dzrams326September 07, 2017 02:55PM

  Re:Yeah that argument just falls flat for me anymore...

laram367September 07, 2017 03:09PM

  Re: Look closer at your last line...

dzrams270September 07, 2017 03:25PM

  Re: Look closer at your last line...

max298September 07, 2017 03:28PM

  Re: Look closer at your last line...

dzrams261September 07, 2017 03:30PM

  That's a GREAT point

max273September 07, 2017 03:35PM

  Re: Where is the line where "maximizing" becomes "greed"?...NM

laram256September 07, 2017 04:00PM

  Re: IDK...I don't think anyone knows

dzrams294September 07, 2017 06:59PM

  "Maximizing" or "Greed"? Easy call for me...

Rams43268September 08, 2017 07:55AM

  Has not AD demanded MORE than the maximum?

ArizonaRamFan279September 07, 2017 05:11PM

  Re: Has not AD demanded MORE than the maximum?

zn373September 07, 2017 05:22PM

  Re: That goes both ways though right?

headslapper278September 07, 2017 10:40PM

  Nope, it doesn't

9er8er326September 07, 2017 04:47PM

  They're not trading him

max297September 07, 2017 04:50PM

  Re: Nope, it doesn't

dzrams273September 07, 2017 06:43PM

  Not a valid cliche

9er8er271September 07, 2017 07:01PM

  Re: It's a bit of hyperbole...

dzrams246September 07, 2017 07:32PM

  Re: It's a bit of hyperbole...

9er8er237September 09, 2017 02:24PM

  Re: So can the Lions force Megatron to unretire?

dzrams171September 10, 2017 07:41AM

  Well DZ...

mexram254September 08, 2017 06:46PM

  exactly nm

joram284September 07, 2017 04:40PM

  Agreed and...

RamUK328September 07, 2017 05:24PM

  That's an interesting point

NewMexicoRam357September 07, 2017 05:55PM

  I'm down with a trade........

HighPlainsDrifter340September 09, 2017 02:43AM

  Re: I'm down with a trade........

CarolinaRam381September 09, 2017 05:09AM

  Only when I see that AD has fired his agent...

Rams43161September 10, 2017 08:48AM