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Forums :: Blog World :: Michael Pachla: Jack Eichel making a statement
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homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Dec 18 @ 9:40 AM ET
He signed a contract that says he'll show up to games. For five years. He didn't. In fact, he lied about being sick for 2 of them and then just flat out didn't show up for a 3rd.

I think the Sabres are showing good faith by trying to talk to him to resolve this, but really, at the end of the day, I don't know how Berglund walks back into that locker room. I'm sure he's lost the respect of all his teammates at this point. He quit on them, and I just don't suspect that this group isn't going to just pretend like there isn't an elephant in the room.

- HonkFortheGoose

I don't think the sabres are showing good faith

he is off their roster, no coming back from that

https://www.nhl.com/sabres/roster
gerbe75pts
Anaheim Ducks
Location: DRAFT COLE CAUFIELD AT 7!!!, CA
Joined: 09.03.2009

Dec 18 @ 9:42 AM ET
He signed a contract that says he'll show up to games. For five years. He didn't. In fact, he lied about being sick for 2 of them and then just flat out didn't show up for a 3rd.

I think the Sabres are showing good faith by trying to talk to him to resolve this, but really, at the end of the day, I don't know how Berglund walks back into that locker room. I'm sure he's lost the respect of all his teammates at this point. He quit on them, and I just don't suspect that this group isn't going to just pretend like there isn't an elephant in the room.

- HonkFortheGoose


I’m hoping they don’t let him back in you have to set a example and it’s just like ROR again losing love for the game
HonkFortheGoose
Buffalo Sabres
Location: "___________ stinks."-Sabres89, NY
Joined: 07.26.2008

Dec 18 @ 9:43 AM ET
I don't think the sabres are showing good faith

he is off their roster, no coming back from that

https://www.nhl.com/sabres/roster

- homiedclown


I'm fairly certain that anytime a player is suspended it removes them from the roster. I wouldn't read too much into that at the moment.
Der Kaiser
Buffalo Sabres
Location: I Know Nothink ... NOTHINK!
Joined: 07.27.2007

Dec 18 @ 9:44 AM ET
He signed a contract that says he'll show up to games. For five years. He didn't. In fact, he lied about being sick for 2 of them and then just flat out didn't show up for a 3rd.

I think the Sabres are showing good faith by trying to talk to him to resolve this, but really, at the end of the day, I don't know how Berglund walks back into that locker room. I'm sure he's lost the respect of all his teammates at this point. He quit on them, and I just don't suspect that this group isn't going to just pretend like there isn't an elephant in the room.

- HonkFortheGoose


There is no such clause in the contract.
gerbe75pts
Anaheim Ducks
Location: DRAFT COLE CAUFIELD AT 7!!!, CA
Joined: 09.03.2009

Dec 18 @ 9:44 AM ET
And I don’t like players pouting about their usage you can change that by playing better and moving up
HonkFortheGoose
Buffalo Sabres
Location: "___________ stinks."-Sabres89, NY
Joined: 07.26.2008

Dec 18 @ 9:46 AM ET
There is no such clause in the contract.
- Der Kaiser


Oh no? Hmm...silly of me to think that there'd be some sort of language as such in an NHL contract.

Come on, be serious.

homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Dec 18 @ 9:47 AM ET
There is no such clause in the contract.
- Der Kaiser

it's pretty clear


Violating Terms of the CBA

According to the NHL’s Collective Bargaining Agreement, the conditions for which a club can terminate a player’s contract are pretty simple: “The club may terminate the standard player contract if the player should fail, refuse, or neglect to obey the Club’s rules governing training and conduct of players, if such failure, refusal, or neglect should constitute a material breach of this standard player contract.



sabres hold ALL the cards right now
jcragcrumple
Buffalo Sabres
Location: Reluctant bridge jumper; 6th round OHL draft pick, YT
Joined: 04.04.2016

Dec 18 @ 9:50 AM ET
it's pretty clear


Violating Terms of the CBA

According to the NHL’s Collective Bargaining Agreement, the conditions for which a club can terminate a player’s contract are pretty simple: “The club may terminate the standard player contract if the player should fail, refuse, or neglect to obey the Club’s rules governing training and conduct of players, if such failure, refusal, or neglect should constitute a material breach of this standard player contract.



sabres hold ALL the cards right now

- homiedclown


That's still the key

"Depends what your definition of 'is' is"
Der Kaiser
Buffalo Sabres
Location: I Know Nothink ... NOTHINK!
Joined: 07.27.2007

Dec 18 @ 9:52 AM ET
it's pretty clear


Violating Terms of the CBA

According to the NHL’s Collective Bargaining Agreement, the conditions for which a club can terminate a player’s contract are pretty simple: “The club may terminate the standard player contract if the player should fail, refuse, or neglect to obey the Club’s rules governing training and conduct of players, if such failure, refusal, or neglect should constitute a material breach of this standard player contract.



sabres hold ALL the cards right now

- homiedclown


I'm being very serious, and for millions of dollars a year the lawyer who represents Berglund will be very serious too.

Nothing says he has to show up to games. The clause says he has to devote his "best efforts." It also says he has to follow the Club rules. So he probably did not do that by not showing up to the game.

But that still doesn't answer the question whether missing a week on a five year contract is MATERIAL.

The reason you people are all so angry is becuase you're looking at this as normal, reasonable, human beings. That is why everyone hates lawyers - they look at things differently. I'm not suggesting that Berglund wins this thing, or even has a good argument. But he has AN argument, and that's where settlements happen.
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Dec 18 @ 9:55 AM ET
crazy stat

if the bills had won the texans, dolphin and jet game they would be tied for last wild card spot (baltimore, colts and titans), as bad as they have played


they would have lost out on tiebreakers but if they were able to beat the pats this weekend they would have had a shot with a win ont he tiebreaker in head to head with titans

Boss34
Buffalo Sabres
Location: BUFFALO , NY
Joined: 12.03.2015

Dec 18 @ 9:57 AM ET
It’s Christmas time let’s squish bugs guys and hug it out .
- gerbe75pts



Good post
HonkFortheGoose
Buffalo Sabres
Location: "___________ stinks."-Sabres89, NY
Joined: 07.26.2008

Dec 18 @ 9:57 AM ET
I'm being very serious, and for millions of dollars a year the lawyer who represents Berglund will be very serious too.

Nothing says he has to show up to games. The clause says he has to devote his "best efforts." It also says he has to follow the Club rules. So he probably did that by not showing up to the game.

But that still doesn't answer the question whether missing a week on a five year contract is MATERIAL.

The reason you people are all so angry is becuase you're looking at this as normal, reasonable, human beings. That is why everyone hates lawyers - they look at things differently. I'm not suggesting that Berglund wins this thing, or even has a good argument. But he has AN argument, and that's where settlements happen.

- Der Kaiser


My guess is that this turns out in a similar way that the Mike Richards situation did. Both sides end up coming to some sort of agreement in which we'll end up paying him some sort of money but he's no longer under contract.

You have to keep in mind that overall, the owners are going to want the Pegulas to fight this in some way as well, because if they don't, it sets a precedent for other players to randomly do things like this with no consequences.
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Dec 18 @ 9:57 AM ET
I'm being very serious, and for millions of dollars a year the lawyer who represents Berglund will be very serious too.

Nothing says he has to show up to games. The clause says he has to devote his "best efforts." It also says he has to follow the Club rules. So he probably did that by not showing up to the game.

But that still doesn't answer the question whether missing a week on a five year contract is MATERIAL.

The reason you people are all so angry is becuase you're looking at this as normal, reasonable, human beings. That is why everyone hates lawyers - they look at things differently. I'm not suggesting that Berglund wins this thing, or even has a good argument. But he has AN argument, and that's where settlements happen.

- Der Kaiser

sabres hold all cards


he can kiss their a$$ and they can take him back or walk away

by not putting him on unconditional waivers yet, they are giving him a chance to communicate but my guess is once it hits a week, this coming weekend, he will be on waivers
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Dec 18 @ 9:59 AM ET
My guess is that this turns out in a similar way that the Mike Richards situation did. Both sides end up coming to some sort of agreement in which we'll end up paying him some sort of money but he's no longer under contract.

You have to keep in mind that overall, the owners are going to want the Pegulas to fight this in some way as well, because if they don't, it sets a precedent for other players to randomly do things like this with no consequences.

- HonkFortheGoose

My bet is Pegula digs in and fights if needed


I doubt it will be needed as I expect Berglund to be playing overseas within a month
Boss34
Buffalo Sabres
Location: BUFFALO , NY
Joined: 12.03.2015

Dec 18 @ 10:00 AM ET
I'm being very serious, and for millions of dollars a year the lawyer who represents Berglund will be very serious too.

Nothing says he has to show up to games. The clause says he has to devote his "best efforts." It also says he has to follow the Club rules. So he probably did that by not showing up to the game.

But that still doesn't answer the question whether missing a week on a five year contract is MATERIAL.

The reason you people are all so angry is becuase you're looking at this as normal, reasonable, human beings. That is why everyone hates lawyers - they look at things differently. I'm not suggesting that Berglund wins this thing, or even has a good argument. But he has AN argument, and that's where settlements happen.

- Der Kaiser



I agree.
I think this contract is going to be difficult to completely void . Lawyers and millions of $ involved.

jcragcrumple
Buffalo Sabres
Location: Reluctant bridge jumper; 6th round OHL draft pick, YT
Joined: 04.04.2016

Dec 18 @ 10:03 AM ET
Housley says Wilson and McCabe will take pre game skate, but won't play
Der Kaiser
Buffalo Sabres
Location: I Know Nothink ... NOTHINK!
Joined: 07.27.2007

Dec 18 @ 10:07 AM ET
My bet is Pegula digs in and fights if needed


I doubt it will be needed as I expect Berglund to be playing overseas within a month

- homiedclown


This is the settlement - together with a question of cash.

Under the contract the Sabres can prevent him from playing anywhere (except KHL I think). The Sabres will let him play now in Sweden, where he can earn some money, but he will want to know how much he can earn in Sweden before he makes a monetary demand from the Sabres - and they will wait for him to make a demand before they insist on fighting him to the bitter end. Maybe his demand will be considered "chump change."
Sabre_Tooth
Buffalo Sabres
Location: We're all Duane, NE
Joined: 06.17.2015

Dec 18 @ 10:17 AM ET
good morning and (frank) patrik berglund
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Dec 18 @ 10:19 AM ET
This is the settlement - together with a question of cash.

Under the contract the Sabres can prevent him from playing anywhere (except KHL I think). The Sabres will let him play now in Sweden, where he can earn some money, but he will want to know how much he can earn in Sweden before he makes a monetary demand from the Sabres - and they will wait for him to make a demand before they insist on fighting him to the bitter end. Maybe his demand will be considered "chump change."

- Der Kaiser

Frölunda HC bound

will probably get 2.5 mil a year to go home and retire as a swedish legend


Pairo11
Buffalo Sabres
Location: Cancel my subscription to the resurrection.
Joined: 10.15.2007

Dec 18 @ 10:21 AM ET
crazy stat

if the bills had won the texans, dolphin and jet game they would be tied for last wild card spot (baltimore, colts and titans), as bad as they have played


they would have lost out on tiebreakers but if they were able to beat the pats this weekend they would have had a shot with a win ont he tiebreaker in head to head with titans

- homiedclown

Should have won all 3.
homiedclown
Buffalo Sabres
Location: We want 1, FL
Joined: 02.24.2008

Dec 18 @ 10:21 AM ET
Should have won all 3.
- Pairo11

agreed as messed up as this season has been
Pairo11
Buffalo Sabres
Location: Cancel my subscription to the resurrection.
Joined: 10.15.2007

Dec 18 @ 10:28 AM ET
Frölunda HC bound

will probably get 2.5 mil a year to go home and retire as a swedish legend

- homiedclown

He should take Vontae Davis with him.
RhinoFan
Buffalo Sabres
Location: Visionville
Joined: 10.12.2015

Dec 18 @ 10:35 AM ET
Frölunda HC bound

will probably get 2.5 mil a year to go home and retire as a swedish legend

- homiedclown


Question is, is that money on or off the books?
ImThatGuy
Buffalo Sabres
Location: I AM MY OWN DAMN SOURCE!, NY
Joined: 11.04.2010

Dec 18 @ 10:37 AM ET
IS Berglunds clause a NMC or NTC because that is very different.

If NTC, send him through waivers assing him to rochester. If he doesn't show then it is breach and bingo bang o, done.

SABRES 89
Season Ticket Holder
Buffalo Sabres
Location: I'm very Happy to be here. Las Vegas Via Buffalo N.Y.
Joined: 02.17.2007

Dec 18 @ 10:37 AM ET
Wow- you really got me on that one.

Signed navin, green olives


That sense of humor , keep it going man.....

- Boss34

You can't keep up with me
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