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Originally Posted by Tyrone Slothrop
As someone who now occasionally practices employment law, I didn't think the distinction I was making was technical.
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I hope you talk like this in real life so everyone can instantly experience what a douche you sound like.
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Originally Posted by Tyrone Slothrop
I read Berman to be saying that while the arbitration could have been fair, it wasn't, for specific reasons relating to the way the NFL handled things.
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The arbitration could have been fair if Goodell hadn't appointed himself hearing officer in "
any appeal." Are you saying that if he had given Brady notice that he could be suspended for cheating, granted Brady access to the investigator and the notes, that he could have then appointed himself hearing officer and shut it down after patiently listening to all of Brady's evidence?
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Originally Posted by Tyrone Slothrop
I do think that if you read the decision, it's hard to escape thinking that Berman did not buy any of what the NFL was selling, including the proposition that the league was addressing a real problem. For example, the putting of "independent" in scarequotes.
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I honestly think you're looking so hard to find something that reads well for Brady that you think this means something.
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Originally Posted by Tyrone Slothrop
Relatively speaking, I agree, but with these arbitrations there should be some pretense that the employer and employee actually agreed to what is going on, and the lack of notice goes to the problem that Goodell was just making it up as he went.
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Goodell was definitely making it up as he went along. But to stand before a judge and say, "I had NO idea that cheating of this type would be punished," is nonsense. You can argue that the number of games is without precedent (and Kraft (and I'm sure Brady) was ready to accept a shorter suspension) and Berman wouldn't have been wrong to reduce the suspension. But to say that you weren't on notice that you would be punished for participating in a cheating scheme, but the coaches and GM were, is just plain absurd.
TM
