A grievance hearing concluded this morning in the case of former Patriots defensive lineman Jonathan Fanene. The Patriots, who have already paid out $2.5 million in bonus's and were looking to refuse payments on the other $1.35 million that was guaranteed, also tried to recoup the other 2.5 million in a bonus that was paid out to Fanene as well when he played for the New England Patriots. Witnesses such as Fanene, his wife, coach Bill Belichick, Dr. Thomas Gill (team physician), and head athletic trainer Jim Whalen all testified before the arbitrator and he will now be making his decision.
According to CBS Sports,
Fanene came to New England after seven productive seasons in Cincinnati, where he registered 6.5 sacks in 2011, his last year in the league. The Patriots cut Fanene with the "failure to disclose physical condition" designation, a view echoed by the CBA Appeals Panel, which ruled in March that the defensive lineman made "inaccurate and incomplete disclosures of his medical condition," specifically, that he failed to "disclose his regular use and need for painkilling medication to practice and play."
Upon the completion of the hearing, the NFLPA (NFL Players Association) has filed a grievance against the patriots as Albert Breer reports:
The NFLPA has filed a grievance against the Patriots, asking team doc Thomas Gill to step down. Stems from Fanene, not Hernandez.
— Albert Breer (@AlbertBreer) July 24, 2013
This grievance hearing stems from the original ruling made on March 14th...
The following was reported on nfl.com:
It upheld the ruling that Fanene made "inaccurate and incomplete disclosures of his medical condition" during a pre-employment physical "failing to disclose his regular use and need for painkilling medication to practice and play."
It was also ruled that the Patriots can claim Fanene's bonus was paid as a result of fraud. In a memo from Dennis Curran, the Senior Vice President of Labor Litigation and Policy, he stated that:
Accordingly, if the Club prevails at the merits hearing, it may be able to recover some or all of the signing bonus paid to the player as a remedy for the player having made material misrepresentations in the course of negotiating the Player Contract
It should be interesting to see how this new grievance hearing stems out and if Fanene gets any of that money.
- Joshua Powers