49ers CB Tarell Brown voids $2 million base salary escalator by skipping offseason wo

[MHSL82]

I wonder if this affects Overstreet's commission? I know that most agents get 3%, but is it upfront, or is it as the player gets paid?

I wonder if he gets paid the commission up front and Brown can collect it back in proportion to what he got and then the two million minus the commission he recovered from the insurance? In other words, if Brown gets it from the insurance and not the team, is that money subject to the commission? Because thecmission should be apportion of what the agent got from the team... Or the amount for the player regardless of the source (for playing, not endorsements)? Because, here, the insurance is not paying as if the team acted correctly but rather as if the agent did. And the team, in fact, doesn't pay here. So does that affect the commission?

 

[MHSL82]

I wonder if he gets paid the commission up front and Brown can collect it back in proportion to what he got and then the two million minus the commission he recovered from the insurance? In other words, if Brown gets it from the insurance and not the team, is that money subject to the commission? Because thecmission should be apportion of what the agent got from the team... Or the amount for the player regardless of the source (for playing, not endorsements)? Because, here, the insurance is not paying as if the team acted correctly but rather as if the agent did. And the team, in fact, doesn't pay here. So does that affect the commission?

Ran out of editing time so adding here.

The agent got the commission from the player, not the team, and even if already paid, it can be recovered. Unless as you suggested, the commission is just for getting the contract signed and remedies are outside of that.

 

[MHSL82]

I wonder if this affects Overstreet's commission? I know that most agents get 3%, but is it upfront, or is it as the player gets paid?

If not, I wonder if they or some will change the timing and conditions of payment. This and the Dumrevil thing (though I don't know if lost money or just got to be free and make more elsewhere). Different situations, of course.

 

[TobyTyler]

I think if he were arguing with the provisions, I'd agree with you - he signed it and should have read or known the contract. But this isn't that; it's an agent responsibility that was overlooked.

No one ever accused Brown of being the sharpest tool in the shed. He couldn't even graduate from one of the most dumbed down universities in one of their most dumbed down programs. The agent should have looked after him.

 

[Pharcyde]

Harbaugh says they're looking to make sure he gets paid appropriately!! Could mean an extension

 

[deep9er]

No one ever accused Brown of being the sharpest tool in the shed. He couldn't even graduate from one of the most dumbed down universities in one of their most dumbed down programs. The agent should have looked after him.

how intelligent Brown is, what University, etc. has nothing to do with it.

the agent didn't do his job.

 

[Breaker99]

From an article in USA Today....

Harbaugh said he sympathized with Tarell Brown after learning the cornerback lost out on $2 million, and that he believes "there's a solution there." Harbaugh said team officials — not just Brown's agent — were not aware of the contract clause that obligated Brown to attend voluntary offseason workouts to receive all of his money. "Unfortunately, nobody caught it," Harbaugh said. "That's real torpedo that nobody really wanted to see happen. Now let's get the solution and solve the problem." The coach added that he'd like to be involved in discussions to help remedy the situation, but did not get into specifics.

 

[deep9er]

From an article in USA Today....

Harbaugh said he sympathized with Tarell Brown after learning the cornerback lost out on $2 million, and that he believes "there's a solution there." Harbaugh said team officials — not just Brown's agent — were not aware of the contract clause that obligated Brown to attend voluntary offseason workouts to receive all of his money. "Unfortunately, nobody caught it," Harbaugh said. "That's real torpedo that nobody really wanted to see happen. Now let's get the solution and solve the problem." The coach added that he'd like to be involved in discussions to help remedy the situation, but did not get into specifics.

fine, but they have to consider 'setting precedence'. you'd think this wouldn't happen again, but you never know? or something similar might come up and what if that player is a borderline 53? do you make 'amends' for someone who might get cut? maybe if you've set that precedence?

ok with finding a solution, but it may be easier said than done? seems the only direction they can go is an extension?

 

[threelittleturds]

fine, but they have to consider 'setting precedence'. you'd think this wouldn't happen again, but you never know? or something similar might come up and what if that player is a borderline 53? do you make 'amends' for someone who might get cut? maybe if you've set that precedence?

ok with finding a solution, but it may be easier said than done? seems the only direction they can go is an extension?

To avoid that problem of setting a bad precedence, they can ensure this doesn't happen again by having one of the interns/minions in the personnel department go over all of the contracts and create a database of what each player needs to participate in to earn X amount of money and then send out an email to the players and their agents in March to keep them informed. If both parties choose to ignore the email they can only blame themselves, the 49ers could even send a 2nd email a week before OTAs.

 

[deep9er]

To avoid that problem of setting a bad precedence, they can ensure this doesn't happen again by having one of the interns/minions in the personnel department go over all of the contracts and create a database of what each player needs to participate in to earn X amount of money and then send out an email to the players and their agents in March to keep them informed. If both parties choose to ignore the email they can only blame themselves, the 49ers could even send a 2nd email a week before OTAs.

ok, this can help and is a team courtesy, but the agent is still the players "first line of defense".

 

[TobyTyler]

how intelligent Brown is, what University, etc. has nothing to do with it.

the agent didn't do his job.

I guess you didn't read my post very closely. I said exactly the same thing.

 

[darken65]

I have to look at this from a business point of view that many of us have all faced. If you have ever taken out a loan, agreed to terms of a contract ,Etc. With an attorney present do you not read the contract or trust your attorney to tell you what is in it and that he has your back? My answer will always be no way. I will read any contract I sign regardless who would represent me. That being said he will be lucky if he gets anything...having opted out of the normal schedule he was supposed to do.

 

[darken65]

To avoid that problem of setting a bad precedence, they can ensure this doesn't happen again by having one of the interns/minions in the personnel department go over all of the contracts and create a database of what each player needs to participate in to earn X amount of money and then send out an email to the players and their agents in March to keep them informed. If both parties choose to ignore the email they can only blame themselves, the 49ers could even send a 2nd email a week before OTAs.

I would agree with that and question if something isn't in place already about this. Someone dropped the ball or simply let it happen. This is not a new sport and contracts with players are usually closely watched.

 

[deep9er]

I guess you didn't read my post very closely. I said exactly the same thing.

no I did read it, but then why all this other stuff about how intelligent Brown is? what is the point of all that?

 

[TobyTyler]

no I did read it, but then why all this other stuff about how intelligent Brown is? what is the point of all that?

Since Brown is ignorant it is the agent's job to make sure he does the right thing financially. That is why the ignorant hire the educated.

 

[NinerSickness]

Since Brown is ignorant it is the agent's job to make sure he does the right thing financially. That is why the ignorant hire the educated.

Or that's why people with a bunch of money hire other people to do things for them like when a CEO of a company hires a secretary or when a rich guy hires someone to clean his house or when an NFL player hires someone to read & keep track of contract stipulations.

 

[deep9er]

I have to look at this from a business point of view that many of us have all faced. If you have ever taken out a loan, agreed to terms of a contract ,Etc. With an attorney present do you not read the contract or trust your attorney to tell you what is in it and that he has your back? My answer will always be no way. I will read any contract I sign regardless who would represent me. That being said he will be lucky if he gets anything...having opted out of the normal schedule he was supposed to do.

yeah, we read our contracts and Brown likely did too? obviously don't know and sorry if i'm implying he didn't read a word? also, he signed back in 2009 right? wouldn't blame him for not recalling details.

anyway, whether you read every word or none at all, you HIRE a professional for a reason.

 

[TobyTyler]

Or that's why people with a bunch of money hire other people to do things for them like when a CEO of a company hires a secretary or when a rich guy hires someone to clean his house or when an NFL player hires someone to read & keep track of contract stipulations.

Or in Brown's case the ignorant hiring the educated.

 

[darken65]

yeah, we read our contracts and Brown likely did too? obviously don't know and sorry if i'm implying he didn't read a word? also, he signed back in 2009 right? wouldn't blame him for not recalling details.

anyway, whether you read every word or none at all, you HIRE a professional for a reason.

I am not sure he knew what was going on. I can't feel sorry for a player who has no clue of his contract ,agent or not. Maybe the 9ers give him something for future play or incentives...I would give him nothing.

 

[TobyTyler]

I am not sure he knew what was going on. I can't feel sorry for a player who has no clue of his contract ,agent or not. Maybe the 9ers give him something for future play or incentives...I would give him nothing.

Me neither. Only an ignorant boob doesn't know that two thirds of his salary will be cut if he doesn't attend team workouts. He's a product of the Texas educational system though so I'm hardly surprised.