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Started By
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Is Sean Payton a Saints or NFL employee?
Posted on 3/21/12 at 6:22 pm
Posted on 3/21/12 at 6:22 pm
If he is a Saints employee, how can the NFL suspend him without pay? Shouldn't the Saints decide whether or not they will pay their employee? Especially in light of the 2010 Supreme Court decision American Needle v. NFL. The Court held
I think we will definitely see litigation stem from this. Sooner rather than later.
quote:
each of the teams is a substantial, independently owned, and independently managed business
I think we will definitely see litigation stem from this. Sooner rather than later.
3
Posted on 3/21/12 at 6:24 pm to 3HourTour
Posted on 3/21/12 at 6:25 pm to 3HourTour
The NFL is legally a non-profit organization FWIW.
Something else for the ** ******** people to check into
Something else for the ** ******** people to check into
Posted on 3/21/12 at 6:31 pm to Kafka
LA law states that employers cannot fine its employees. Very interesting question and you have to wonder if Payton/Saints can use this law suit against the NFL. Could get ugly
Posted on 3/21/12 at 6:33 pm to cashflippa
quote:
LA law states that employers cannot fine its employees.
ok. Posted on 3/21/12 at 6:39 pm to TortiousTiger
This post was edited on 3/21/12 at 6:41 pm
Posted on 3/21/12 at 6:40 pm to TortiousTiger
quote:
ok.
In Louisiana employers are prohibited from imposing fines on employees. Louisiana Revised Statute 23:635 states:
No person, acting either for himself or as agent or otherwise, shall assess any fines against his employees or deduct any sum as fines from their wages. This Section shall not apply in cases where the employees willfully or negligently damage goods or works, or in cases where the employees willfully or negligently damage or break the property of the employer, or in cases where the employee is convicted or has pled guilty to the crime of theft of employer funds, but in such cases the fines shall not exceed the actual damage done
Although the employee who is subjected to an unlawful fine in Louisiana surely has the right to recover the funds, the legislation does not provide a direct remedy to the employee. Rather, a violation of La. R.S. 23:635 is deemed a crime with punishment of imprisonment for up to three months or a “fine” of up to $100.
Whoever violates the provisions of R.S. 23:634 or R.S. 23:635, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than thirty days nor more than three months. (La.R.S.23:636).
Posted on 3/21/12 at 6:42 pm to cashflippa
Posted on 3/21/12 at 6:45 pm to cashflippa
quote:
This Section shall not apply in cases where the employees willfully or negligently damage goods or works
this should cover it although SP has not been technically fined.
This post was edited on 3/21/12 at 6:47 pm
Posted on 3/21/12 at 6:45 pm to cashflippa
Payton is suspended without pay, douchenugget.
Posted on 3/21/12 at 6:46 pm to TortiousTiger
Loomis was fined. Apply this question to him
Posted on 3/21/12 at 6:46 pm to threeputt
quote:
quote:
This Section shall not apply in cases where the employees willfully or negligently damage goods or works
Reach much?
Posted on 3/21/12 at 6:48 pm to TortiousTiger
Whoa calm down man, just trying to show an ounce of optimism here. Payton/saints can say that his suspension includes a fine of $7.5 million dollars. Lawyers can get creative with wording. Im just saying that they could maybe use this to their advantage. It is an interesting clause.
Posted on 3/21/12 at 6:48 pm to kclsufan
quote:
Reach much?
I dunno. I am sure you can argue that Loomis and Payton (and whoever else that participated in this) broke the rules in which they were employed under thus damaged their product ..
Posted on 3/21/12 at 6:50 pm to threeputt
quote:
this should cover it although SP has not been technically fined.
Once again the wording is vague, and a good lawyer will be able to dispute these words.
Posted on 3/21/12 at 6:51 pm to threeputt
quote:
I dunno. I am sure you can argue that Loomis and Payton (and whoever else that participated in this) broke the rules in which they were employed under thus damaged their product ..
Yeah if Goodell had cited that as a reason for the punishment when they released all the info maybe.
Posted on 3/21/12 at 6:53 pm to Breesus
quote:
Loomis was fined. Apply this question to him
first, i think it was the organization that was fined.
second, they agreed to these terms as part of the CBA. There are several ways to get around a law such as this... they decided to adopt the laws of another state, they contracted out of any law to the contrary, etc.
Posted on 3/21/12 at 6:53 pm to cashflippa
quote:
Once again the wording is vague,
Loomis was fined. Wording not vague.
Posted on 3/21/12 at 6:54 pm to TortiousTiger
quote:
second, they agreed to these terms as part of the CBA. There are several ways to get around a law such as this... they decided to adopt the laws of another state, they contracted out of any law to the contrary, etc.
didn't help the NFL in the starcaps case, and Louisiana has precedent stating CBA's do not preempt State law
This post was edited on 3/21/12 at 6:55 pm
Posted on 3/21/12 at 6:55 pm to TortiousTiger
quote:
second, they agreed to these terms as part of the CBA
The NFLPA did.
The CBA doesn't apply to coaches and other employees of teams right? I haven't done much research. Just thinking out loud. That's why I posed the question how does the NFL have the right to suspend a coach.
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