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  1. #1
    AvengerRam's Avatar
    AvengerRam is offline Moderator Emeritus
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    If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Martz's current absence is covered by the Family and Medical Leave Act. Consequently, if he obtains a certification from a doctor stating that he's cleared to return, and he expresses the desire to return, the Rams are legally required to return him to his position (technically, its the same or an "equivalent" position, but I'd argue that there is no such thing in this case).

    The only real way out of this for the Rams would be to argue that Martz would have been fired during the last six weeks regardless of his leave. I think such an argument would be untenable.

    So, don't be surprised if the Rams bring Martz back, let him finish out the season, and then fire him when the season ends - particularly if the Rams don't make the playoffs.


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    sbramfan is offline Registered User
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    However, if they are willing to pay out his contract, I'm guessing they can cut him at any time.

    Since he is under contract, and not a full time employee, I think by fulfilling their end of the contract, which is to pay him the amount they said they would, they can cut him at any time.

    No?

  3. #3
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    I would love for him to come back but only as OC,but this is not a perfect world is it:tut

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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    I would love to see Martz back as the HC and make the front office squirm a little. This is the man who has taken the Rams to the playoffs 4 out of the 5 years he has coached. That's enough for me to say he's a great HC. I'm not qualified enough to evaluate whether he's better as an OC than a HC, all I know is playoff appearances means you are doing something right.

  5. #5
    AvengerRam's Avatar
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Quote Originally Posted by sbramfan
    However, if they are willing to pay out his contract, I'm guessing they can cut him at any time.

    Since he is under contract, and not a full time employee, I think by fulfilling their end of the contract, which is to pay him the amount they said they would, they can cut him at any time.

    No?
    Actually, no.

    The FMLA creates an entitlement to be reinstated. An employer that violates this, without a valid defense, is liable not only for the lost wages (which under your scenario would be paid), but also an equal amount as liquidated damages.

    Thus, Martz could, in theory, get double his salary if he is denied reinstatement.

    Of course, the likelihood is that this would be resolved before it would reach that point, but Martz has some leverage.

  6. #6
    MoonJoe's Avatar
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Did anyone else have to look up tenable?


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    sbramfan is offline Registered User
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    I would still question if this applies to a "contractor" vs. a FTE.

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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Quote Originally Posted by MoonJoe
    Did anyone else have to look up tenable?

    No! Everyone knows it's half a twentyable, and twice a fiveable.
    "Before the gates of excellence the high gods have placed sweat; long is the road thereto and rough and steep at first; but when the heights are reached, then there is ease, though grievously hard in the winning." --- Hesiod

  9. #9
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Quote Originally Posted by sbramfan
    I would still question if this applies to a "contractor" vs. a FTE.
    I do not believe that Mike Martz qualifies as a "contractor" under IRS lingo. I suspect he does not get a 1099 every year. I suspect he does not have to provide his own tools. There are more than a dozen other points, strictly interpreted, that must be mostly met to qualify as a contractor.

  10. #10
    AvengerRam's Avatar
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Quote Originally Posted by sbramfan
    I would still question if this applies to a "contractor" vs. a FTE.
    Martz is an employee, not an independent contractor.

  11. #11
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Anybody have a good lawyer joke ???

    Maineram -
    and out of the ashes rise ...The Breakfast Club !

  12. #12
    AvengerRam's Avatar
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Sure...

    A lawyer dies and goes to the Pearly Gates, where he is greeted by St. Peter. Feeling confused, the lawyer asks:

    "Am I dead?"

    "Yes, my son," the Saint replies.

    "How did I die?" asks the lawyer.

    "Old age" St. Peter explains.

    "Old age?!? How can that be" the lawyer exclaims. "I'm only 35!"

    "Well," St. Peter responds, "according to the number of hours you've billed, we have your age at 97."

  13. #13
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    If Matz can get the Rams to let him go, he talk with the Lions asap.

  14. #14
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    Thumbs down Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Quote Originally Posted by txramsfan
    I would love to see Martz back as the HC and make the front office squirm a little. This is the man who has taken the Rams to the playoffs 4 out of the 5 years he has coached. That's enough for me to say he's a great HC. I'm not qualified enough to evaluate whether he's better as an OC than a HC, all I know is playoff appearances means you are doing something right.
    I agree 100 %
    Torry Holt Dont play that

  15. #15
    AvengerRam's Avatar
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    Re: If Martz wants to return, and doctors approve, Rams CAN'T say no, unless...

    Quote Originally Posted by Rambos
    If Matz can get the Rams to let him go, he talk with the Lions asap.
    The timing of Martz's agent's comments are interesting, aren't they? If Martz has thoughts of going for the Lion job, it would be in his interest to force the Rams' hand to act now and let him go. Perhaps that is what this is about - a prelude to negotiating his exit.

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