Dir. of Football Operations
An option is by definition a unilateral contract, so there does not need to be any consent, acknowledgement or agreement. Further, the club is probably prohibited from contacting players directly about contract matters when the player is repped by an agent. Im sure there are probably MLS rules about this, if I had to guess.
One who helps God
There are definitely MLS rules about this. The question is: does Denis Hamlett know them?
We already know the answer to that.
RIP Guillermo Romulo, Alexander Francis Orig, Celenio Eleazar, and my Mom, Resurreccion Eleazar.
RIP Cesar Castello, Mike Vallo, Glenn Stampiglia, Bob Paquette, and Warren Lee
Reserve Team
An option is by definition a unilateral contract, so there does not need to be any consent, acknowledgement or agreement. Further, the club is probably prohibited from contacting players directly about contract matters when the player is repped by an agent. Im sure there are probably MLS rules about this, if I had to guess.
Not saying the activation of the option is not unilateral, but you want the player/agent to acknowledge. Its like being served papers in my mind. The player almost always has an interest in being a free agent... you have to make sure there is not a sliver of an excuse that the player can say the option wasn't activated properly.
First Team
i cant wait until we have scrimmages / games to talk about instead of contract options lol
Dir. of Football Operations
Not saying the activation of the option is not unilateral, but you want the player/agent to acknowledge. Its like being served papers in my mind. The player almost always has an interest in being a free agent... you have to make sure there is not a sliver of an excuse that the player can say the option wasn't activated properly.
You're presupposing a friendly player, not one deliberatly trying to screw the process. He has no obligation to acknowledge, which is why they spell out the process in such detail. Players are represented by agents for the benefit of both the player and the team.
"Everybody has a plan until they get punched in the mouth." - Iron Mike
Bitch covered my plaid?
The sorrow inside me grows.
I need my plaid pitch.
"It goes without saying that when things don't go your way they just don't go your way. " - JCO
"He can't kick with his left foot, he can't tackle, he can't head the ball and he doesn't score many goals. Apart from that, he's all right.”
George Best, on David Beckham
Dir. of Football Operations
One who helps God
60-90 days.
Couldn't resist.
RIP Guillermo Romulo, Alexander Francis Orig, Celenio Eleazar, and my Mom, Resurreccion Eleazar.
RIP Cesar Castello, Mike Vallo, Glenn Stampiglia, Bob Paquette, and Warren Lee
Reserve Team
You're presupposing a friendly player, not one deliberately trying to screw the process. He has no obligation to acknowledge, which is why they spell out the process in such detail. Players are represented by agents for the benefit of both the player and the team.
If I am getting served papers, I also may not want these papers and am trying to screw the process, but there are methods of confirming receipt.
All that I have seen as far as notification is a single email from Hamlett to Pearson. Even if Pearson was in fact the correct contact person, there should be more notification than a single email with no acknowledgement of receipt - e.g. Fed Ex requiring signature, Certified Mail, contemporaneously documented phone calls. It should be standard operating procedure to meet the contract stipulation and then "over-communicate" via documentable methods.
I'm confident that there are these things, and the MLSPA/Kaku is saying it doesnt matter because Pearson was wrong agent anyway. However, if it is true that the sole method of documentable communication was Hamlet's email, that's just lazy and unprofessional.
Dir. of Football Operations
If I am getting served papers, I also may not want these papers and am trying to screw the process, but there are methods of confirming receipt.
All that I have seen as far as notification is a single email from Hamlett to Pearson. Even if Pearson was in fact the correct contact person, there should be more notification than a single email with no acknowledgement of receipt - e.g. Fed Ex requiring signature, Certified Mail, contemporaneously documented phone calls. It should be standard operating procedure to meet the contract stipulation and then "over-communicate" via documentable methods.
I'm confident that there are these things, and the MLSPA/Kaku is saying it doesnt matter because Pearson was wrong agent anyway. However, if it is true that the sole method of documentable communication was Hamlet's email, that's just lazy and unprofessional.
my understanding is that Pearson was the agent that rep Kaku when he signed with MLS. When Pearson represented Kaku, he was not required to register with MLSPA. RBNY was in constant communication with Pearson regarding Kaku's transfer requests. However, pearson never registered or paid the registration fee with the MLSPA. It appears there are no consequences if a player's agent does not sign up with MLSPA since the MLSPA doesnt enforce any rules.
Since Pearson did not register, MLSPA claims that he does not represent KAKU. if MLS and RBNY are relying on Hamlets email as a contract renewal, that is a red flag and sloppy. there should have been multiple notifications to Kaku's reps and Kaku. since Pearson does acknowledge that he received the email, it should be sufficient evidence that kaku's contract was renewed since there is evidence that Kaku was repped by Pearson.
i would be shocked if Hamlet didnt get reassigned to scout after this fiasco.
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