Posted by Nalod:
Sure, from a basketball aspect, this is a now brainer.
But the Bulls requested DNA testing, which likley crossed the line (invasion of privacy), and Eddies lawyer used it as leverage to make a bad situation into a worse one for the Bulls.
The Bulls errored in my view by drawing the line at either take the test or sit. Bulls lose if Curry is allster.
Knicks don't lose if Curry can't go. A 6th pick or lower in next years draft would not likely yield a franchise player (sic: Amare), and Sweets is likely not a franchise talent either (be funny if sweets turned into "Brand"!), but the question is does a franchise have an obligation to protect the employee?
Any Lawyers out there?
I'm not a lawyer. Just a first year law student - which is why I haven't been around here much lately...
The "take the test, we'll pay you if you fail" deal that Chicago offered could be a binding contract. However, I don't know how Illinois courts have ruled on these types of issues. It would be important to look into that. So as far as the legality of said deal, I don't know - it depends from jurisdiction to jurisdiction. Also, there are a lot of terms of this alleged contract that we don't have in front of us. Say they do the test, Curry waives his right to privacy, he passes the test for the heart condition, but Chicago sees something else they don't like - then what? Are they obligated to sign him since he didn't fail the test for the condition they were looking for? Are they obligated to pay him $400K for 50 years if they decide not to sign him? It's not as simple an issue as presented by Paxson in the papers. I'm sure that Curry's lawyer was all over it.
I don't think that teams in general are obligated to protect their players from potentially life threatening conditions that a player might or might not have. It would create an unfair burden on every team out there to seek out every possible method of verifying a player's health. Going beyond the current standard of physicals and medical tests might be a bit much. If this turns into a recurring issue then maybe you'll see the standard elevated to include DNA tests in rare circumstances.
In this case we're dealing with a player who might be predisposed to having a certain life-threatening condition which makes it a tougher call. Ultimately, I think the responsibility should fall on the player. However, a team like Chicago is trying to portray itself as protecting Curry, the person, in reality - they are protecting their business. Curry needs to protect himself and his family by getting the test done. I have a feeling that he has already done so.
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