Ouch! Costly Loophole for the Niners

[Schmoopy1000]

According to Profootballtalk, the 49ers could still be on the hook for Colin Kaepernick's entire salary even if he's cut before the April 1 deadline.

His $11.9 million base salary is fully guaranteed for injury. Kaepernick is still recovering from shoulder surgery and might not be able to pass a physical before Friday's deadline. Even if he's healthy for Week 1, the NFL Players' Association would use Article 44 of the CBA to argue Kaepernick should be owed his full salary "because of an injury incurred in the performance of his services under that contract." It's a costly loophole and one that will likely result in Kaepernick staying on the Niners' roster past April 1. Even if the 49ers did cut him loose before that date, they'd still have to pay the difference in whatever contract he signs with another team.

 

[Manster7588]

According to Profootballtalk, the 49ers could still be on the hook for Colin Kaepernick's entire salary even if he's cut before the April 1 deadline.

His $11.9 million base salary is fully guaranteed for injury. Kaepernick is still recovering from shoulder surgery and might not be able to pass a physical before Friday's deadline. Even if he's healthy for Week 1, the NFL Players' Association would use Article 44 of the CBA to argue Kaepernick should be owed his full salary "because of an injury incurred in the performance of his services under that contract." It's a costly loophole and one that will likely result in Kaepernick staying on the Niners' roster past April 1. Even if the 49ers did cut him loose before that date, they'd still have to pay the difference in whatever contract he signs with another team.

So Denver can pay him $1.00 and SF would have to pay the rest? Classic.

 

[redseat]

So Denver can pay him $1.00 and SF would have to pay the rest? Classic.

I'm sure the Broncos would love this! Elway would immediately pick him up

 

[cowboycolors]

I will pay $20 if he will go to the Jets just to watch the trainwreck

 

[Manster7588]

I will pay $20 if he will go to the Jets just to watch the trainwreck

Wouldn't it be better if he joined RG3 in Cleveland?

 

[SonnyCID]

Im gonna miss Kap in the nfcw if he leaves.

 

[Manster7588]

Im gonna miss Kap in the nfcw if he leaves.

Now I want him to sign with Philly.

 

[LongtimeRamsFan42]

Just shows why they're in no rush to get rid of him...Might as well wait for the best possible deal when you have to pay him anyway...It'll probably be around the draft(IF there is a good deal to be had lol)...

 

[Sharkonabicycle]

Eh nobody is gonna pay for squidward. SF is f'd. Oh wait, SF OF San Andreas? No, that's the big titted chick Daddario. SF of Santa Clara... that's it. lol, oh man.

 

[shopson67]

According to Profootballtalk, the 49ers could still be on the hook for Colin Kaepernick's entire salary even if he's cut before the April 1 deadline.

His $11.9 million base salary is fully guaranteed for injury. Kaepernick is still recovering from shoulder surgery and might not be able to pass a physical before Friday's deadline. Even if he's healthy for Week 1, the NFL Players' Association would use Article 44 of the CBA to argue Kaepernick should be owed his full salary "because of an injury incurred in the performance of his services under that contract." It's a costly loophole and one that will likely result in Kaepernick staying on the Niners' roster past April 1. Even if the 49ers did cut him loose before that date, they'd still have to pay the difference in whatever contract he signs with another team.

Basically means the Niners aren't moving him, it's too late at this point.

 

[mcnabb7542]

Now I want him to sign with Philly.

 

[ATL96Steeler]

Based on this loophole, gotta keep him, but should have no impact on draft...QB to SF @ 7...the only question is Wentz or Goff...I think it's possible CLE takes Tunsil or Ramsey and waits until 32 for a QB.

 

[ducky]

PFT doesn't know what they are talking about.

1) SF was never going to cut him so this "loophole" never meant anything. So this whole discussion is moot anyways. They can get a pick for him and as people are seeing with QB contracts, the one that Kaep is on is just fine.

2) SF could cut him and not pay him too. You can cut injured players during the offseason. The only way they would have to pay him is if was going to miss actual time because the injury. Kaepernick is scheduled to be healthy by the start of training camp. The rule is meant to protect cash not calendar dates. If Kaepernick isn't healthy enough to play because of the injuries suffered in SF then he could go back after his money. But if he is healthy enough to open training camp, SF wouldn't have to pay him.

Case in point just this offseason: Arian Foster. He couldn't play football today but the Texans still released him and certainly didn't pay out his base salary this year to do so.

 

[Stomp]

 

[flyerhawk]

I don't think the Niners have any intention of cutting him. He's on a team friendly deal that would be team friendly for any would be trade partner. Assuming there are teams that are actually interested in him, which I assume there are, they aren't going to want to see him hit the free market and get an Osweiler type deal.

 

[Iggloo]

The Niners are now telling people they don't plan to trade him unless they get a mind blowing offer. Translation: they couldn't get a ham sandwich for this guy in trade, not with his injuries and recent poor play.

 

[flyerhawk]

The Niners are now telling people they don't plan to trade him unless they get a mind blowing offer. Translation: they couldn't get a ham sandwich for this guy in trade, not with his injuries and recent poor play.

Or they want to let the other teams know that there is no chance they are going to cut him so they will need to trade for him.

Sam Bradford got a huge contract despite having 2 healthyish years in his entire career and never being anything more than an adequate QB.

If I am the Jets or the Broncos or the Rams I absolutely would be willing to trade a mid round pick for a guy like Kapernick. Way too much potential upside with very little long term risk.

 

[Broncos6482]

So Denver can pay him $1.00 and SF would have to pay the rest? Classic.

I'm sure the Broncos would love this! Elway would immediately pick him up

Can confirm, I would totally be ok with this. And if anyone could pull this off, it's probably Elway.

 

[flyerhawk]

Can confirm, I would totally be ok with this. And if anyone could pull this off, it's probably Elway.

What Manster said makes no sense. If the Niners were to cut Kaep before April 1st they would likely pay nothing unless it was determined that he couldn't actually play. Signing with another team would make it pretty clear that he could and the Niners would be off the hook. Furthermore, Kaep would then be a FA and could go wherever he wanted. His cap hit would be far worse for the Broncos in that regard than if they traded for him.

 

[shopson67]

Or they want to let the other teams know that there is no chance they are going to cut him so they will need to trade for him.

Sam Bradford got a huge contract despite having 2 healthyish years in his entire career and never being anything more than an adequate QB.

If I am the Jets or the Broncos or the Rams I absolutely would be willing to trade a mid round pick for a guy like Kapernick. Way too much potential upside with very little long term risk.

SF isn't willing to trade him for a mid round pick to this point. The problem with trading him to Denver is that they don't have a 3rd round pick this year. So, if the Broncos refuse to give up their end of the 2nd round pick, the next pick to offer is 2 rounds later, nearly a 5th rounder. That won't get it done.