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Thread: The Poston's are at it again! Merriman is

  1. #1
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    The Poston's are at it again! Merriman is

    Holding out on the Chargers!

    Chargers reject Merriman compromise

    Top pick offered to attend meetings but not work out

    By Kevin Acee
    STAFF WRITER

    May 19, 2005

    The agent for linebacker Shawne Merriman told the Chargers this week the first-round draft pick could attend the team's offseason program, where he would participate in meetings but not in on-field practice sessions.

    But the attempt at a compromise was rebuffed, so the wholly unsatisfying long-distance relationship will continue, now almost certainly until at least July.

    "There is no such thing as a half-Charger here," General Manager A.J. Smith said, explaining why the team declined to have Merriman present in such a capacity. "Either you're a Charger or you're not."

    Contacted last night, Kevin Poston clarified why he made the proposal.

    "We thought it would be a good-faith gesture," the agent said. "I want him to be there, and he wants to be there. We want him to meet with coaches, talk with coaches, walk through things just not do any physical activity."
    Merriman skipped the team's rookie orientation camp earlier this month, and Poston has said the player will sit out all of the team's offseason workouts unless language in the team's injury protection agreement is changed. Poston asserts that the agreement does not adequately assure the Chargers will fairly compensate Merriman should he be injured before signing a contract.

    "We'd like him to be on the field, but not if it doesn't make sense," Poston said. "And right now the language in the injury protection agreement does not protect Shawne."

    An article in this week's SportsBusiness Journal quotes NFL Players Association officials indicating Merriman and Poston are not being unreasonable.

    "The player is fully within his rights not to attend a minicamp," NFLPA General Counsel Richard Berthelsen is quoted as saying. "And in fact he is doing the responsible thing by showing a concern about what he would be paid if he got hurt in the minicamp."

    Mark Levin, the NFLPA's director of salary cap and agent administration, told the publication the language of the Chargers' agreement is unique.

    "I can't say if it is good language or bad language," Levin said. "But it is different than that of 21 other teams I have looked at."

    The Chargers maintain their protection agreement has been standard through the years and was good enough for the team's other draftees.

    As for the olive branch from Poston, Smith said: "I understand their point of view. He'd like to mentally stay up with what we're doing. We don't want him to fall behind either."

    But a line appears to have been drawn, and the Chargers are not going to put a toe on the other side. Smith indicated the team's next contact with Poston will be after the offseason workouts are complete and the sides begin negotiating a contract.

    "Our position is either you're here with us or you're not," Smith said. "Kevin understood. So we'll just get back to business, and after July 4 (we) will call them."

    The Chargers this week began voluntary workouts at which 73 of 83 players on the roster were present Monday. The Chargers work out four times this week and next, three times the week of June 6 and twice the week of June 13. The team also has a minicamp June 10-12. All but the minicamp sessions are closed to the public.

    Staff writer Jim Trotter contributed to this report.

  2. #2
    wickedtwisted
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    Postons are the complete as$es of football...

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    Good to see the Chargers take a stand against these bastard agents. If Poston was smart, he'd look at how the Chargers negotiated with Phillip Rivers. One year later and Rivers still hasn't taken one single snap in the NFL and there's a good possibility that he won't get any in 2005 either. In fact, if River's wouldn't have sat out of TC because of his contract dispute last season, he most likely would've started and Brees never would've gotten the QB job. Kudos to AJ Smith.

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    The kid should take out his own insurance policy and get his rear in camp. Time after time, holding out costs these guys MILLIONS in the long run. You do not get this peak earning time back.

    The Postons are Satan!!

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    Everyone knows the Postons are the evil agents, but I don't see it this way here. They've actually been reasonable in their request that the Chargers tighten up the language governing the treatment of Merriman's contract in the event he's injured before signing. The Postons even provided the Chargers with the standard boiler plate terms used by most other teams, and the Chargers inexplicably refused.

    Instead, SD demanded their own terms, which uses loose language open for interpretation and could spell huge trouble if Merriman does go down b/f inking a deal. The Postons are a bit conservative in turning it down, but far from unreasonable since this is a pretty critical matter.

    Remember, the Chargers have a terrible track record in dealing with rookies. Tomlinson, Jammer, Rivers. Now Merriman -- even before the meat of the contract has been discussed.

    Anyone see a trend here? The finger clearly points back at the Chargers because irrespective of who the agent is, SD historically refuses to act consistently with the market terms as set by the rest of the league. Unfortunately, when you mix the Postons with a team like the Chargers, well, the result is pretty predictable.

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    You know Flow, I was thinking about all the problems the Chargers had with the Manning/Rivers debacle last season as well as Rivers contract thereafter. Then I saw the Postons name and thought maybe the Chargers deserved the benefit of the doubt. However, after giving it a little more thought, what your saying makes perfect sense.

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    Quote Originally Posted by Buzzsaw
    Good to see the Chargers take a stand against these bastard agents. If Poston was smart, he'd look at how the Chargers negotiated with Phillip Rivers. One year later and Rivers still hasn't taken one single snap in the NFL and there's a good possibility that he won't get any in 2005 either. In fact, if River's wouldn't have sat out of TC because of his contract dispute last season, he most likely would've started and Brees never would've gotten the QB job. Kudos to AJ Smith.

    yeah he took snaps

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    Quote Originally Posted by Flowtrain
    Everyone knows the Postons are the evil agents, but I don't see it this way here. They've actually been reasonable in their request that the Chargers tighten up the language governing the treatment of Merriman's contract in the event he's injured before signing. The Postons even provided the Chargers with the standard boiler plate terms used by most other teams, and the Chargers inexplicably refused.

    Instead, SD demanded their own terms, which uses loose language open for interpretation and could spell huge trouble if Merriman does go down b/f inking a deal. The Postons are a bit conservative in turning it down, but far from unreasonable since this is a pretty critical matter.

    Remember, the Chargers have a terrible track record in dealing with rookies. Tomlinson, Jammer, Rivers. Now Merriman -- even before the meat of the contract has been discussed.

    Anyone see a trend here? The finger clearly points back at the Chargers because irrespective of who the agent is, SD historically refuses to act consistently with the market terms as set by the rest of the league. Unfortunately, when you mix the Postons with a team like the Chargers, well, the result is pretty predictable.
    My thoughts exactly, there is not a league wide policy on providing insurance, They want the guy to show up work out - not pay him and if he gets injured- tough ****. In this case the agents are correct.

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    Potson brothers ruin football..................

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    Quote Originally Posted by Flowtrain
    Everyone knows the Postons are the evil agents, but I don't see it this way here. They've actually been reasonable in their request that the Chargers tighten up the language governing the treatment of Merriman's contract in the event he's injured before signing. The Postons even provided the Chargers with the standard boiler plate terms used by most other teams, and the Chargers inexplicably refused.

    Instead, SD demanded their own terms, which uses loose language open for interpretation and could spell huge trouble if Merriman does go down b/f inking a deal. The Postons are a bit conservative in turning it down, but far from unreasonable since this is a pretty critical matter.

    Remember, the Chargers have a terrible track record in dealing with rookies. Tomlinson, Jammer, Rivers. Now Merriman -- even before the meat of the contract has been discussed.

    Anyone see a trend here? The finger clearly points back at the Chargers because irrespective of who the agent is, SD historically refuses to act consistently with the market terms as set by the rest of the league. Unfortunately, when you mix the Postons with a team like the Chargers, well, the result is pretty predictable.
    I AGREE

    I would be very reluctant to draft any clients represented by the Poston's ... or even to pursue their free agents ... ONLY IF I MUST ... but on this one the Poston's have a point

    This kid can walk into the OTA's and blow out his knee in a heartbeat ... absolutely happens on occasion ... and all they appear to be asking for here is the same language most teams use to protect their draftees before a contract is signed

    If they were asking for something out of the ordinary, they would be dead wrong ... but if I am reading this correctly, it is the Chargers who are operating "out of the ordinary" with their current language
    Last edited by Green Jets & Ham; 05-20-2005 at 12:30 AM.

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    BTW, there is a very simple solution to this problem ... I think league office should draft the language for all 32 teams in regards to draftees and OTA's {prior to signing their contracts} ... the protection clause should be league mandated, same language across the board, and all 32 teams must comply in using the same language put forth by the league ... ONE SIZE FITS ALL

    I think that can happen if all 32 teams agree {in advance} to allow the league office to draft the language in regards to this one particular issue?
    Last edited by Green Jets & Ham; 05-20-2005 at 12:36 AM.

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    The Chargers may use 'loose' language in terms of the agreement. Thats not to say they won't look after a player who gets injured.

    It's the way of the world today, teams need to protect themselves as much as the players. Unfortunately the agents exploit the situation to gain leverage in future discussions.

    If these kids were older when they were drafted, they'd maybe be able to see the benefits of their 1st pro camp.

  13. #13
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    Im with the Postons on this one. The Chargers as an orginization are cheap b*stards and the Postons are truly looking out for their guy this time around. I agree with them 100%.

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    Quote Originally Posted by Dalco.uk
    The Chargers may use 'loose' language in terms of the agreement. Thats not to say they won't look after a player who gets injured.
    Of course they'd "look after" Merriman if he severely injures his knee before signing a deal. The question is how closely would they look after him?

    If I'm the Chargers, I'd argue that rookie slotting eliminates most of the variables and would be used to ensure Merriman gets treated fairly. However, we know that slotting didn't provide adequate protection for all those 1st rounders the Chargers lowballed in the past.

    The reason is, there are many variables that slotting doesn't account for: bonus structure (option/tiers/roster), timing of vesting and actual payouts, escalators, incentives, etc. From the Postons' perspective, SD's terrible track record makes it EVEN MORE crucial that Merriman is protected, because SD is just the type of team to screw an injured player who lacks leverage.

    If these kids were older when they were drafted, they'd maybe be able to see the benefits of their 1st pro camp.
    Which is more beneficial to Merriman: (a) getting a headstart on learning the playbook in May; (b) protecting himself against the potential loss of millions of dollars? The choice is pretty simple.

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    "I think league office should draft the language for all 32 teams in regards to draftees and OTA's {prior to signing their contracts} ... the protection clause should be league mandated, same language across the board, and all 32 teams must comply in using the same language put forth by the league ... ONE SIZE FITS ALL

    I think that can happen if all 32 teams agree {in advance} to allow the league office to draft the language in regards to this one particular issue?"

    It would have to collectively bargained, but it makes a world of sense on a player's 1st contract. And it could be adjusted every year under the cap. It would also automatically give 1st year players a 3-5% increase in salary just not having to pay dofuses like the Postons and Rosenhaus to endear themselves to their new employers.

    Stan Kasten and Scott Boras on ESPN pretty much ripped the salary structure from 2 different ends this morning. Kasten thought all salasries should be slotted based on draft position and then experience and rating at position (which is pretty much already done on the sly). And Boras thought the failure to guarantee years makes the press conference announcements of an a-hole like Rosenhaus that he got his player $x million over 7 years when in reality the cash value is really 15-20% of that figure and really much shorter a complete joke. If the NFL would be more inclined to guarantee more of a contract in length and /or percentage, it could be done. You got the sense that while Boras qualified his remarks(it's not his industry and the only NFL guy he has repped was Chad Hutchinson, who was a baseball player first), you got the sense he had nothing but contempt for NFL agents. You may not like Boras for his hardball tactics, but you've never heard of him demanding a renegotiation middeal and has made a point of trying to get players to stay where they're comfortable(Bernie Williams comes to mind). Plus, he does so much more financial planning for his clients than Rosenhaus that he's in a whole other business. All Rosenhaus and his ilk care about is the press conference to get more suckers in his tent.

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    Bugg, I'm not referring to their first contracts ... the agents will never go for that ... they want the right to negotiate ... without that, agents are not even needed ... why even hire an agent and pay him a hefty sum on money when the contract is already pre-determined?

    What I'm referring too is the initial agreement to pay these kids fairly should they suffer a serious injury at the OTA's BEFORE they sign a contract ... as a way of avoiding future situations like we have here with Merriman and SD

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    flame

    his teamates are gonna flame the rookie. they all went through it too and yet he holds out like "mr. big time". They are gonna hurt him.

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    Quote Originally Posted by ARodKeyWestJetsFan
    You know Flow, I was thinking about all the problems the Chargers had with the Manning/Rivers debacle last season as well as Rivers contract thereafter. Then I saw the Postons name and thought maybe the Chargers deserved the benefit of the doubt. However, after giving it a little more thought, what your saying makes perfect sense.
    Yea, i posted, then read that too. Now it makes sense. d'oh.

    but im also thinking now that he hasnt done **** for the team or proved anything. and if the injury ends his career, sadly he would deserve nothing. it is a occupation though, not a career. (thanks limo )
    Last edited by keeb; 05-20-2005 at 11:48 PM.

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