Potential Legal Mess If Talib Punished
July 18th, 2011
Players are locked out, yet NFL commisioner/hatchetman Roger Goodell has longed claimed he’ll hold players accountable to the league conduct policy during the lockout. That means he’s crack down on alleged offenders whenever the labor mess ends.
It’s the NFL version of dumping your girlfriend and then getting mad her because she was naked in a hot tub with some dude the following night.
Months ago, after Aqib Talib was arrested, Joe talked to a Florida employment lawyer to see if such a move by the NFL could be legal. The attorney gave Joe so many annoying hypothetical scenarios, it was too much to sift through to present simply here. But the overall take from the attorney was that the league didn’t have a stong leg to stand on.
Lawyer and NFL guru Mike Florio, creator ProFootballTalk.com, dives into this point today. Florio, a master at boiling down the boring legal mess of the lockout, isn’t seeing how the NFL and the allegedly disbanded players association can get away with punishing players that stepped out of line since early March.
But we’ll have trouble understanding any understanding that allows the NFL to punish players for arrests occurring during the lockout. Indeed, a decision by the NFLPA* to expose players retroactively to responsibility for violations of the personal conduct policy could open the door for a fairly potent lawsuit alleging breach of the duty of fair representation, which could open a fairly significant can of worms given that the labor deal will have been negotiated at a time when, technically, the NFLPA* has the power to represent no one.
Common sense applies to Florio’s take. How could the players (non) association negotiate punishments for its members when they’re not being represented? Then there’s still the matter of Goodell playing dictator when he’s closed the door on the players, who are currently without benefits and other terms of their employment.
Joe suspects the legal issues here all but seal that Talib’s situation won’t be addressed by the league until it’s resolved fully by the courts. After that happens, Goodell or the Bucs can always find some sort of loophole to punish Talib, if he doesn’t walk away cleanly from the charges.






Joe knows there are loads of Bucs fans who would be happy to turn over the keys to the Bucs defense to rookie linebacker Mason Foster. Anything’s better than Barrett Ruud, so they would say.


Regular readers of Joe know he pretty much ignores covering anything related to the lockout, other than acknowledging its asinine existence and the hatchetman comissioner that presides over the whole mess.
Count Joe among those that would love to see the Bucs add another weapon or two for Josh Freeman.
Can Tanard Jackson sit out a year and come back to the Bucs ready to play in September?
The agony of the Bucs ending up on the wrong end when the Lions broke their 26-game road losing streak in December still keeps Joe up at night.
Davin Joseph has lobbied publicly for his good pal Jeremy Trueblood to return to the Bucs.


