Isn't there a legal precidence here with Maggs...

[Wanne]

I mean if they don't subject him to an exam....or even let the Sox have a look. Then why would the Sox lose the compensation picks. It just doesn't seem right.

[Punch and Judy Garland]

Even if Maggs is running a 4.3-40 tomorrow mornign, we can't offer him arbitration. Ask the Braves what it's like offering a Boras client arbitration. THey had to deal Millwood within the division (weirdly it actually worked out). If we offer him it, I think he takes it and a monster one year deal and then we have to do something stupid like trade Konerko or someone for a B-prospect as KW would have no leverage in a deal. I like draft picks as much as anyone but they aren't THAT important.

[Wanne]

Even if Maggs is running a 4.3-40 tomorrow mornign, we can't offer him arbitration. Ask the Braves what it's like offering a Boras client arbitration. THey had to deal Millwood within the division (weirdly it actually worked out). If we offer him it, I think he takes it and a monster one year deal and then we have to do something stupid like trade Konerko or someone for a B-prospect as KW would have no leverage in a deal. I like draft picks as much as anyone but they aren't THAT important.

I understand that part of it...but what I'm asking is why isn't there something that states the Sox have legal rights to view "their" property.

[Texsox]

I understand that part of it...but what I'm asking is why isn't there something that states the Sox have legal rights to view "their" property.

my guess would be that the team examined him and declared him unable to play for the rest of the season. That happened to coincide with the end of his contract. I do not believe they have a right to examine someone in order to *offer* them a contract. They could make the offer contingent on passing a physical, which is a standard clause.

[Wanne]

my guess would be that the team examined him and declared him unable to play for the rest of the season. That happened to coincide with the end of his contract. I do not believe they have a right to examine someone in order to *offer* them a contract. They could make the offer contingent on passing a physical, which is a standard clause.

I guess that's what I'm asking. Why would they offer arbitration to someone who's "damaged goods" without having the benefit of an exam. It seems that should be the team's right.

[Texsox]

I guess that's what I'm asking.  Why would they offer arbitration to someone who's "damaged goods" without having the benefit of an exam.  It seems that should be the team's right.

I would assume they could offer arbitration based on passing a physical. If he accepts, he would have to pass the physical. It seems that the player is holding a better hand than the owners in this case.

 

As a side note, and this probably doesn't apply to contract employees, most states will protect workers from wholesale inquisitions into a person's health. Basically the employer needs to prove that whatever they are asking for is a requirement to do the job. For example, if they ask someone to lift a 50 pound box before being hired, they must show that the job routingly requires lifting 50 pound boxes. They could not use that test to avoid hiring petite women or men.

 

What gets interesting in this case is the employee has already been declared by team Doctors to be unable to work. The season is over, there is no "work" for the worker to perform. His contract is ending. What bearing does his health have on fullfilling this contract?

 

Since the club would be making an offer, is the player obligated to even hear the offer? Let's say that the club was considering an offer to Beltran. Does Beltran have to take a physical for any team that wants him to, or can he be selected in who he works out for? I assume he can work out, or not, based on who he wants to sign with.

[JoshPR]

Kinda gets me thinking the extent of Maggs injury. Wonder if he's een ok to come back. The only team that seems interested are the mets and they hardly don't mention him. Another thing to viena to have "minor" Surgery sounds fishy. Another thing is why doesn't Borass want to let any team see maggs practice? He's trying to buttf""k some team into an injured player

[YASNY]

Kinda gets me thinking the extent of Maggs injury. Wonder if he's een ok to come back. The only team that seems interested are the mets and they hardly don't mention him. Another thing to viena to have "minor" Surgery sounds fishy. Another thing is why doesn't Borass want to let any team see maggs practice? He's trying to buttf""k some team into an injured player

That would be us, I think.

[Texsox]

You would think any red blooded American like Maggs would not trust any foreign Doctor. My God do they even have medical schools outside the US?

 

Maybe it is because American Doctors would be compelled to hold a press conference, against Maggs wishes, and tell every detail of the surgery. We would know so much more if an American Doctor performed the surgery. I'll bet he went to Vienna because those Doctors are forbidden to discuss a patient's condition without the patient's consent. What better way to keep it secret that to go to a foreign Doctor. That also wouldn't raise as many eye brows as if he just went into an American Doctor.

[YASNY]

You would think any red blooded American like Maggs would not trust any foreign Doctor. My God do they even have medical schools outside the US?

 

Maybe it is because American Doctors would be compelled to hold a press conference, against Maggs wishes, and tell every detail of the surgery. We would know so much more if an American Doctor performed the surgery. I'll bet he went to Vienna because those Doctors are forbidden to discuss a patient's condition without the patient's consent. What better way to keep it secret that to go to a foreign Doctor. That also wouldn't raise as many eye brows as if he just went into an American Doctor.

Who are you asking?