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	<title>Comments on: Former Browns GM Files for Arbitration Against Browns</title>
	<atom:link href="http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/</link>
	<description>Sports Business, Sports Law, Sports Negotiations, NCAA Rules</description>
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		<title>By: Joe</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140449</link>
		<dc:creator>Joe</dc:creator>
		<pubDate>Mon, 28 Dec 2009 04:05:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140449</guid>
		<description>When will sports team owners learn that they shouldn&#039;t meddle too much with their teams?  They shell out big bucks to hire smart managers and coaches to put together a team, so let them do their jobs.</description>
		<content:encoded><![CDATA[<p>When will sports team owners learn that they shouldn&#8217;t meddle too much with their teams?  They shell out big bucks to hire smart managers and coaches to put together a team, so let them do their jobs.</p>
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		<title>By: Ryan Webber</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140412</link>
		<dc:creator>Ryan Webber</dc:creator>
		<pubDate>Thu, 24 Dec 2009 17:04:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140412</guid>
		<description>Thanks Francis.  Will do.</description>
		<content:encoded><![CDATA[<p>Thanks Francis.  Will do.</p>
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		<title>By: Francis</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140391</link>
		<dc:creator>Francis</dc:creator>
		<pubDate>Wed, 23 Dec 2009 19:08:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140391</guid>
		<description>Right. As I am sure you are aware, in most jurisdictions the vast majority of cases are settled before any type of adjudication. Whether it be arbitration or before the Common Courts.

Keep up your informative writing. It is very interesting and informative.

Francis</description>
		<content:encoded><![CDATA[<p>Right. As I am sure you are aware, in most jurisdictions the vast majority of cases are settled before any type of adjudication. Whether it be arbitration or before the Common Courts.</p>
<p>Keep up your informative writing. It is very interesting and informative.</p>
<p>Francis</p>
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		<title>By: Ryan Webber</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140390</link>
		<dc:creator>Ryan Webber</dc:creator>
		<pubDate>Wed, 23 Dec 2009 18:56:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140390</guid>
		<description>Thanks Francis

Your comment pretty much proves the points above.  it will be hard for the Browns to win this case if it goes before an arbiter.  Therefore, they will likely settle.</description>
		<content:encoded><![CDATA[<p>Thanks Francis</p>
<p>Your comment pretty much proves the points above.  it will be hard for the Browns to win this case if it goes before an arbiter.  Therefore, they will likely settle.</p>
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		<title>By: Francis</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140384</link>
		<dc:creator>Francis</dc:creator>
		<pubDate>Wed, 23 Dec 2009 15:43:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140384</guid>
		<description>HI,

I just wanted to chime in. As a practicing attorney in Labor Law, I wish to underline how difficulty it is for an employer to prove that someone was fired &quot;with cause&quot; when the industry usually does not resort to such firings, as a general rule. A with cause firing is usually used for an egregious violation of a contractual duty. Gross misconduct, absenteeism, belligerence are the crriteria that have been accepted by most courts as benchmarks for a with cause firing.

Good work with the article, very informative.</description>
		<content:encoded><![CDATA[<p>HI,</p>
<p>I just wanted to chime in. As a practicing attorney in Labor Law, I wish to underline how difficulty it is for an employer to prove that someone was fired &#8220;with cause&#8221; when the industry usually does not resort to such firings, as a general rule. A with cause firing is usually used for an egregious violation of a contractual duty. Gross misconduct, absenteeism, belligerence are the crriteria that have been accepted by most courts as benchmarks for a with cause firing.</p>
<p>Good work with the article, very informative.</p>
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		<title>By: Ryan Webber</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140374</link>
		<dc:creator>Ryan Webber</dc:creator>
		<pubDate>Wed, 23 Dec 2009 01:52:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140374</guid>
		<description>Jason - 

Thanks for the compliment.  No I&#039;m not an attorney.  I am a third year law student at Widener University.  I agree with both of you.  The case does hinge on the definition of &quot;cause.&quot;  Generally it is a broad definition so I believe the Browns may have some argument.  However, I have not read the contract.  What I do know is that Kokinis is not an at-will employee, so I think a minor infraction wouldn&#039;t necessary make him eligible for termination.  And based on what I have read, there is no indication anything major occurred.

But like you both said, I think this case will be settled because I can&#039;t see how the Browns can believe it would be more cost-effective to litigate.</description>
		<content:encoded><![CDATA[<p>Jason &#8211; </p>
<p>Thanks for the compliment.  No I&#8217;m not an attorney.  I am a third year law student at Widener University.  I agree with both of you.  The case does hinge on the definition of &#8220;cause.&#8221;  Generally it is a broad definition so I believe the Browns may have some argument.  However, I have not read the contract.  What I do know is that Kokinis is not an at-will employee, so I think a minor infraction wouldn&#8217;t necessary make him eligible for termination.  And based on what I have read, there is no indication anything major occurred.</p>
<p>But like you both said, I think this case will be settled because I can&#8217;t see how the Browns can believe it would be more cost-effective to litigate.</p>
]]></content:encoded>
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		<title>By: Jason Wolf</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140368</link>
		<dc:creator>Jason Wolf</dc:creator>
		<pubDate>Tue, 22 Dec 2009 19:52:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140368</guid>
		<description>Ryan, this is a solid analysis.  Are you an attorney? I think it all hinges on the definition of  &quot;cause&quot; as defined in the contract, assuming there was a written document.  &quot;Cause&quot; could probably be defined so broadly as to encompass almost anything; let&#039;s say he did something minor that does not result in a firing for most people.  If the employee is an at-will employee, he could technically be fired.  

With that said, I agree with Darren.  Settlement.</description>
		<content:encoded><![CDATA[<p>Ryan, this is a solid analysis.  Are you an attorney? I think it all hinges on the definition of  &#8220;cause&#8221; as defined in the contract, assuming there was a written document.  &#8220;Cause&#8221; could probably be defined so broadly as to encompass almost anything; let&#8217;s say he did something minor that does not result in a firing for most people.  If the employee is an at-will employee, he could technically be fired.  </p>
<p>With that said, I agree with Darren.  Settlement.</p>
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		<title>By: Darren Heitner</title>
		<link>http://www.sportsagentblog.com/2009/12/22/former-browns-gm-files-for-arbitration-against-browns/#comment-140367</link>
		<dc:creator>Darren Heitner</dc:creator>
		<pubDate>Tue, 22 Dec 2009 18:34:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.sportsagentblog.com/?p=8079#comment-140367</guid>
		<description>My money is on a settlement.</description>
		<content:encoded><![CDATA[<p>My money is on a settlement.</p>
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