Marvell’s employer is MLS. He just happens to work in the SJ field office. Perhaps there is an opportunity for Wynne to gain employment post playing career in MLS. Might be career suicide to battle for this money and be blackballed from future opportunities. Johnny Moore can tell you that MLS is pretty unforgiving
MLS employees are not at will, they are under contract. So general CA employment law does not apply, the Standard Player Agreement does.
It would seem to that if it's true that the doctor hired by MLS won't clear him, then they have to terminate his contract and let him move on. They're would be too much liability if he played and something bad happened. But if they keep him under contract, then they should pay him. They can't have it both ways. Seems like Marvel needs a lawyer.
MLS players have a union. That's who should pursue a grievance if anything here is actually a violation.
Has the MLSPU ever advocated for anything successfully for any player? Didn't Eddie Johnson take 2 years to resolve his heart-related retirement from MLS? I'll bet he had to do that outside the MLSPU...
That's not the procedure. The contract states that a player who is not new to the team or league and who is not "fit" will be suspended without pay (but with continuing medical coverage). The contract can only be unilaterally terminated if the player is new to the league. Also, the player can challenge the league doctor by hiring his own. Marvell did that, but his doctor wouldn't clear him either. At that point, he was in limbo. There are no further contractual obligations for either party beyond the league continuing to provide medical coverage under the suspended contract. Still, that doesn't mean the league shouldn't do SOMETHING. And Marvell is completely free to ask for the contract to be terminated. Obviously he doesn't want that, he wants to play, but that requires him to be declared "fit", and he does have that opportunity during the upcoming start of season physicals. So I'm guessing that's why he is still hanging around absent another venue for resolution.
This article suggests promoting the hashtag #FreeMarvell http://www.quakesfan.com/2018/01/12/freemarvell/
The Quakes website has never been known for its up-to-dated-ness. (not that I disagree with your sentiments.)
Marvell Wynne's career remains in limbo, though Earthquakes continue to back him As a club under the MLS expanding umbrella, the Earthquakes structurally have no choice but to obey the commands from the league office, and yet remain supportive of a player who has played more than 25,000 minutes in his MLS career. Dude is on the wrong side of 30, had a heart defect, major surgery, and hasn't played a game in well over a year, if the Quakes really support him move him out of this player-who-can't-play limbo and give him a job elsewhere in the organization.
I think he wants to play even if it's USL or even lower. They could give him a job but it won't be at his player salary.
He is a classy guy, and was a great contributor to the Quakes, I agree a "pathetic" end to his MLS career.
Official statement from the Quakes: GOODBYE, MARVELL. AND DON'T LET THE DOOR HIT YOU ON YOUR WAY OUT He certainly deserved better than this. I hope he is able to find a team in USL.
No one's forgotten that this is a business. But it's piss poor management that treats its employees so cruelly. If that approach worked in most of the business world, you'd see more companies using it instead of offering free meals, dry cleaning, stock options, onsite childcare. MLS is a monopoly so they can get away with a lot of counterproductive behavior, but it's a corrupt system and maybe not viable long-term. Added: As if to corroborate my comments, an appropriate email appeared just after I posted this. "The companies with the brightest future are those that strive, every day, to be a great place to work. Inc. wants to recognize successful small- and mid-sized businesses that value company culture, offer standout worker benefits, and prioritize employee well-being." Don't think MLS will be on that list!
You must have only had some cushy jobs if you think people generally get treated better in other industries. Most of us have to fight against our employers every single day for fair treatment.
There is not a single company here where I live that offers any of those. Well maybe "stock options" in that they automatically put your 401 match into the company stock