Photo credit: Robbie Mehling/Soc Takes

Confusion abounds over the circumstances surrounding the Founders Cup. The NPSL-aligned professional “league” is expected to kickoff in August, but per sources and Chris Kivlehan’s reporting, some issues remain. This article attempts to dive into those issues.

These issues include problems getting group insurance for players, potential member disagreements and/or defections and concerns over sanctioning.

Group Insurance

As Soc Takes reported, NPSL board members convened on June 4 to discuss potential solutions to the player insurance issue. At the core of this issue is that the league has found it difficult to get group insurance rates for a mix of professional and amateur players.

This includes disparate rules for workers compensation which vary from state to state. Using this resource, we examined the state requirements of each team currently slated to be a Founders Cup participant:

Tennessee: Required, but independent contractors (IC) may be exempt. Average cost: $1.13/$100 salary

New York: Required, including part-time employees and IC. Average cost: $0.98/$100 salary

Arizona: Required, but IC exemptions exist. Average cost: $0.95/$100 salary

California: Required. Average cost: $1.85/$100 salary

Florida: Required. Average cost: $1.32/$100 salary

Michigan: Slightly more complicated, but from my reading of it, required for NPSL clubs. Average cost: $1.77/$100 salary

Wisconsin: Required. Average cost: $0.99/$100 salary

(Caveats: Most of these state associations have clauses that claim that entities that have “more than four” employees must provide Workers’ Compensation. However, as it true of most professional clubs in the United States, players are often “independent contractors,” and amateur clubs often have no more than three or four employees on full-time staff. Therefore, some of this will require more legal interpretation. To the best of my reading, however, each state will require the Founders Cup to provide Workers’ Compensation to players.

It must also be noted that these “average” costs are likely to be non-representative of what is required of sports entities. Due to the likelihood of employment-related injuries, sports teams may theoretically have higher rates for workers compensation as they tend to do with insurance.)

Therefore, if we take a representative salary for lower-division soccer — a $30,000 annual salary for 22 players — we have a net of $660,000 as total player salaries. Within the above range of $0.95-$1.85 per $100 salary, each club could be expected to fork out $6,270-$12,210 in Workers’ Compensation costs. Across 10 clubs, that’s approximately $62,700-$122,210.

And this is one of the areas of disagreement — if NPSL provides this insurance league-wide, who should be paying for this cost? Just the Founders Cup members or all members who benefit from the Workers’ Compensation?

NPSL league sources conveyed that it remains unclear whether the league can provide Workers’ Compensation to both professional and amateur players.

However, Soc Takes subsequently learned that USL’s insurance covers professional athletes (Championship, League One) as well as amateur athletes (League Two). Therefore, this particular concern may not apply after all.

It is also possible that clubs resort to providing Workers’ Compensation themselves, in lieu of under a league-wide umbrella. However, Soc Takes understand that the rates for doing so are much higher and may be prohibitive for certain Founders Cup members.

Member disagreements and/or defections

In speaking to owners in the NPSL, there seems to be some disagreement regarding the leadership of the league. Two owners, both non-participants in the Founders Cup, expressed concerns about the interests of Cup members superseding those of non-participants. “We want them to succeed, but we want to be involved (in planning) as well,” one of the aforementioned two owners expressed to Soc Takes.

Meanwhile, a Founders Cup participant described discussions with league members as “herding cats,” citing conflicts between “big personalities” as sidetracking productive conversations.

Additionally, per sources, Miami FC representatives will be attending the NISA meetings being held in Charlotte this week. Soc Takes has learned that Miami FC is likely to participate in the Founders Cup for 2019, but a “small chance” exists that they could be playing with NISA in the fall. Either way, their involvement beyond 2019 appears equivocal.

A source says Miami FC is still committed to the Founders Cup for 2019, but is increasingly likely to jump to NISA for 2020. Soc Takes reached out to NISA chairman John Prutch, but an email went unanswered.

Additionally, two sources inform Soc Takes that other teams associated with the Founders Cup may look to NISA in 2020.

It must be recognized that NISA’s own status remains mired in confusion and conflict. But that’s a different article altogether.

Sanctioning

Amid reports that NPSL Pro/Founders Cup may seek to attain sanctioning, Soc Takes reached out to the U.S. Soccer Federation (USSF) via a series of emails to clarify the possibilities for sanctioning. This is what we learned:

Nipun Chopra: Is it possible for a professional league to sanction another pro league? Specifically, is it possible for NISA to award pro sanctioning to the NPSL Founders Cup (similar to the USL sanctioning of USL League Two)? Or would that sanctioning have to come directly from the USSF?

USSF spokesperson: Any sanctioning of a league is through U.S. Soccer. USL League Two is not sanctioned as a pro league. It is amateur.

NC: Could NISA theoretically sanction NPSL Pro as an amateur league distinct from the NPSL’s current sanction?

USSF: I’m not sure amateur leagues are “sanctioned” in the way we are discussing. The fact that a league is given sanctioning is to confirm it’s professional. If you want to be amateur you can create that without our approval.

NC: Is there anything prohibiting a league from being sanctioned as amateur, but it’s participating clubs paying its players?

USSF: Fine for amateur team to pay players.

(Note: The interview questions have been edited for clarity. The answers are unedited.)

Based on this interview, it seems that the Founders Cup can attain pro sanctioning from the USSF or amateur sanctioning via a multitude of routes. But, it cannot attain pro sanctioning via any other route than through the USSF.

Now, could they just call themselves a professional league and play outside of the USSF/USASA umbrella? Of course, but that might engage legal/logistical considerations such as FIFA player protection, U.S. Open Cup opportunities, etc.

There also remains a lack of clarity within the NPSL regarding the sanctioning option. An owner who’s not part of the Founders Cup was surprised to learn that they would be applying for sanctioning. On the other hand, a Founders Cup member told Soc Takes that the league would indeed attempt to attain sanctioning “outside the traditional route,” claiming that “administrative concerns” meant it would not be easy.

So, there you go. Lots of confusion with very few clear-cut answers. It seems the league will hobble to the starting line, but the success and future directions of the Founders Cup plan remain equivocal. But then, that’s par for the course in the madness of lower-division American soccer.

An NPSL spokesperson declined to comment on the contents of this story.

Follow Nipun on Twitter: NipunChopra7.

Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today.

Related

Image credit: Second Helpings

INDIANAPOLIS — Every time Indy Eleven midfielder Zach Steinberger scores this season, three organizations will link up to put free meals in the hands of Hoosiers in the Central Indiana area.

Second Helpings and Green Bean Delivery have partnered with the Eleven and their skilled 25-year-old attacker on the season-long promotion. Whether home or away, each time Steinberger tallies this year, 100 pounds of fresh produce will be given by Green Bean Delivery to Second Helpings to be distributed to 85 of its local partner agencies.

“We are thrilled to partner with Indy Eleven player Zach Steinberger for his 2018 season,” Green Bean Delivery marketing manager James Nimmer said in a release. “Fighting food insecurity in the Indianapolis community has always been a priority for us at Green Bean Delivery. By donating 100 pounds of fresh produce to Second Helpings for each goal Zach scores, it not only helps feed those in need, but brings needed attention to a prevalent issue within our community, and that is the vast number of children and seniors who don’t have daily access to a warm, nutritious meal.”

Photo credit: Robbie Mehling/Soc Takes

Second Helpings, a hunger relief nonprofit, specializes in converting donated and salvaged food into 4,000 free delivered meals a day. Staff and volunteers alike work together to help the organization combat food insecurity. It also offers a free Culinary Job Training program geared toward adults seeking work in the food industry.

“Donated and rescued food is the lifeblood of Second Helpings,” explained the nonprofit’s chef and director of hunger relief Kathy Jones in a release. “Partnerships like this one with Indy Eleven and Green Bean are critical to our ability to provide healthy, nutritious meals to the most vulnerable members of our community.”

Image credit: Green Bean Delivery

Founded in 2007, Green Bean Delivery provides communities with access to fresh, nutritious food. The company has given more than one million pounds of produce to food banks since its inception, per its website.

“After hearing about such an incredible cause from James Nimmer at Green Bean Delivery, I was so excited to get involved any way I could,” Steinberger said in a release. “I had no idea how many people and even children were food insecure in Indianapolis. It was so uplifting to discover that Second Helpings not only provides meals but they also offer job training for those who are desperately in need. I fell in love with this vision. My goal this season is to help spread awareness and contribute as much as I can to eradicating hunger in Indy with the help of Green Bean Delivery and Second Helpings.”

Steinberger’s next opportunity to send out a shipment of 100 pounds of fresh produce is Saturday at North Carolina FC. The Indy Eleven will look to bounce back after a 1-0 loss to FC Cincinnati in their first-ever match at Lucas Oil Stadium.

Keep an eye on Steinberger all season long, and remember that way more than just a ball will have been kicked each time he finds the back of the net; food security in Central Indiana will have been dealt a staggering blow as well.

Follow Kevin on Twitter: @KJboxing.

Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today.

Related

• The lower divisions of American soccer are a tumultuous place. Whether it is the collapse of individual clubs, irresponsible behavior toward players or the death of an entire league, the stories of instability are as commonplace as a PBR at your local dive bar. Yet, there is one narrative…
• While the NASL lawsuit appeal rolls on, US Soccer finds itself in a situation where, for a second year running, it starts the calendar year without a sanctioned second division. Unlike the NASL, USL has continued to make expansion announcements and USL teams have diligently continued to rebuild their…

Image credit: NPSL

On Friday, the National Premier Soccer League (NPSL) unveiled its Region XI, a list of the best 11 players plus a manager from each of the league’s four regions. Here is the full list of 2018 NPSL Region XI selections:

MIDWEST REGION

Head Coach Dale White, Erie Commodores FC Goalkeeper Jan Hoffelner, Duluth FC Defender Chris Cvecko, Cleveland SC Defender Joseph Stanley Okumu, AFC Ann Arbor Defender Trent Vegter, Grand Rapids FC Midfielder Max Stiegwardt, Minneapolis City SC Midfielder Niklas Roessler, Med City FC Midfielder Craig Quinn, Erie Commodores FC Midfielder Derek Sutton, Grand Rapids FC Forward Vinny Bell, Cleveland SC Forward Yuri Farkas, AFC Ann Arbor

Forward William Kidd, Minneapolis City SC

NORTHEAST REGION

Head Coach Carlos Mendes, New York Cosmos B Goalkeeper Hami Kara, Hartford City FC Defender Hani Nasr, FC Motown Defender Jonathan Borrajo, New York Cosmos B Defender Thomas Judge, FC Monmouth Midfielder Matt Nigro, FC Motown Midfielder Jade Mesias, FC Baltimore Midfielder William Eskay, FC Frederick Midfielder Yaya Fane, Junior Lone Star FC Forward Dilly Duka, FC Motown Forward Jacob Gosselin, FC Frederick

Forward Bljedi Bardic, New York Cosmos B

SOUTH REGION

Head Coach Will Montgomery, Little Rock Rangers Goalkeeper Carlos Herrera, Laredo Heat SC Defender Ben Watson, Little Rock Rangers Defender Uzi Tayou, FC Wichita Defender Younes Boudadi, Laredo Heat SC Midfielder Nelson Landaverde, FC Wichita Midfielder Jamie Lovegrove, Fort Worth Vaqueros FC Midfielder Dylan Mares, Miami FC 2 Midfielder Javier Monsalvez Carazo, Jacksonville Armada FC Forward Guillermo Diaz, Laredo Heat SC Forward Alex Guadron, Little Rock Rangers

Forward Isaac Promise, Georgia Revolution FC

WEST REGION

Head Coach Paul Caligiuri, Orange County FC Goalkeeper Hugo Gomez, Orange County FC Defender Brennen Canfield, Academica SC Defender Jorge Lualua, Napa Valley 1839 FC Defender Spencer Wolfe, Spokane SC Shadow Midfielder Tanner Williams, Spokane SC Shadow Midfielder Miguel Lara, Sonoma County Sol FC Midfielder Ignacio Nacho Cancela, FC Arizona Midfielder Daniel Crisostomo, Orange County FC Forward Cody Golbad, Academica SC Forward Edson Cardona, El Farolito

Forward Michael Ramos, Spokane SC Shadow

Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today.

Related

• Well, hello there, SocTakes crowd. Remember me? It’s been a while. Even longer than before. Sorry about that, the pandemic, and life, and the universe, and everything, it all…
• CARY, N.C. — In their 50th season, the Indiana University men’s soccer team was 90 minutes away from the perfect ending to the season — a ninth national championship. The…
• Anyone who watched the Indiana Hoosiers men’s soccer team this season had their doubts. The Hoosiers would come together and play great one minute. And 10-15 minutes later, it…
• MUNCIE, Ind. — Western Michigan cooled off an in-form Ball State squad with a 2-nil road win on Oct. 9. The Cardinals had previously been unbeaten across their last…

• LOUISVILLE, Ky. — Goals by Sophia Smith and Hina Sugita helped the Portland Thorns to a 2-1 road win over Racing Louisville on Friday at Lynn Family Stadium. Alex Chidiac provided the lone tally for the hosts. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for access to…
• FORT WAYNE, Ind. — Fort Wayne FC shut out the visiting Cleveland Force 3-0 on Saturday behind a brace by Maxwell Amoako and an own goal by Cleveland goalkeeper Andrew Cooke. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to…
• INDIANAPOLIS — Playing in its first game at Carroll Stadium, the Indy Eleven women wrapped up an undefeated USL W League regular season with a 3-0 win Saturday against Detroit City FC. In the nightcap, the DCFC men’s side bested Indy 1-0 in USL Championship play. Follow Robbie on…
• LOUISVILLE, Ky. — Goals by Paige Monaghan and Taylor Smith helped lead Gotham FC to a 2-1 road win at Racing Louisville on Friday. Savannah DeMelo provided the lone tally for the hosts. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for access to exclusive content and supporter…
• PITTSBURGH — Albert Dikwa’s volley in the 79th minute Wednesday delivered the Pittsburgh Riverhounds a 1-nil victory over the visiting Indy Eleven at Highmark Stadium. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today….
• NASHVILLE, Tenn. — The visiting Portland Timbers rallied from 2-nil down to draw Nashville SC 2-2 on Sunday at Nissan Stadium. Goals by Nashville’s Sean Davis and Hany Mukhtar were canceled out by strikes from Dairon Asprilla and Jaroslaw Niezgoda. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon…
• INDIANAPOLIS — A 58th-minute tally by Joshua Perez carried Miami FC to a 1-0 road victory at Indy Eleven on Saturday evening. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today….
• HAMTRAMCK, Mich. — The undefeated Indy Eleven traveled to Keyworth Stadium on Friday, topping Detroit City FC 3-0 while moving their record in USL W League play to 8W-2D-0L. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a…
• FORT WAYNE, Ind. — Fort Wayne FC hosted a friendly with Tigres’ reserve side Wednesday at Shields Field, with the teams settling for a 1-1 draw. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today….
• FORT WAYNE, Ind. — Fort Wayne FC topped visiting Toledo Villa FC 2-0 on Saturday in USL League Two play behind goals from Victor Claudel and Riley Lynch. Fort Wayne sits in first place after collecting 18 points in nine matches. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on…
• WESTFIELD, Ind. — In a battle of USL W League Great Lakes Division leaders on Friday at Grand Park, the Indy Eleven bested Racing Louisville FC 3-1 to take over first place in the standings, bumping Louisville to second. Follow Robbie on Twitter: @RobbieMeh. Support Soc Takes on Patreon for…
• FORT WAYNE, Ind. — Fort Wayne FC hosted FC Cincinnati 2 for a friendly Tuesday, and goals on either side of halftime led to a 1-1 scoreline at fulltime. FC Cincy 2 plies its trade in the MLS Next Pro league, while Fort Wayne FC is a member of…

• National Independent Soccer Association (NISA) founder Peter Wilt joins the panel to discuss the newly forming league, his former clubs and all things U.S. Soccer. Wilt helped launch the Chicago Fire, Chicago Red Stars and Indy Eleven, to name a few. Soc Takes contributing writer Kartik Krishnaiyer also guests…
• The North American Soccer League lost the important part of its lawsuit relating to Division 2 sanctioning, and as a result has cancelled the planned 2018-19 season. Of the eight teams that participated in the 2017 campaign, two have already folded. The San Francisco Deltas won the title and…
• Community-based amateur soccer is in many ways the lifeblood of the growth of American soccer on the grassroots level. The remarkable recent growth of local supporters culture taking the best of European traditions and marrying them with small and medium-sized town America is one of the great untold stories…
• Recently, we discussed the potentially troubling interpretation of the USL’s player contract in the contract termination of FC Cincinnati’s Tommy Heinemann. From our perspective, the troubling clauses in the USL contract have the potential to be abused to limit the validity of player contracts. Unfortunately, another similar contractual clause exists…
• As originally reported by Soc Takes contributor Kartik Krishnaiyer, this weekend, Jacksonville Armada owner Robert Palmer will meet with interested owners about launching an unsanctioned league. Sunday @JaxArmadaFC owner Robert Palmer will convene a “Division Zero” Task Force meeting in Orlando. Among the topics to be discussed are how…
• On Wednesday, Miami FC announced that they will play a team in the NPSL. This story was originally reported by Soc Takes. Soc Takes reached out to Miami FC CEO Sean Flynn, via email, to ask a few questions about Wednesday’s news: Nipun Chopra – Jacksonville Armada has introduced…
• As the Beckham-Miami group is scheduled to announce their MLS expansion news on Monday, Miami FC is expected to make an announcement of their own. Miami FC will field a team in the National Premier Soccer League (NPSL) during the league’s 2018 season which runs from March through August….
• This morning, Miami FC are expected to announce Paul Dalglish as their next head coach. The team – widely considered to be one of the strongest in lower division soccer – is currently still scheduled to play in the NASL. Dalglish – the son of Liverpool legend Kenny Dalglish…
• Inverted Triangle Soccer Podcast host and WRAL Sports writer Neil Morris returns to the Soc Takes Pod to discuss the Indy Eleven’s hiring of new head coach Martin Rennie. Morris covered Rennie up close and personal from 2009-11 during Rennie’s tenure with the then-Carolina RailHawks. Co-hosts Aaron Gunyon and…
• As the NASL awaits the court’s decision, all the uncertainty has certainly affected players and front office personnel negatively. In a letter sent to the 10 remaining players on the Jacksonville Armada roster, team owner Robert Palmer has attempted to ameliorate some of their concerns by declaring that they…
• Co-hosts Lance McGarvey and Jeff Milby invite Soc Takes staff writer Nipun “The Dr. of DII” Chopra on the latest edition of “Soccer City” presented by LouCity to make sense of his breaking story that the Indy Eleven are migrating to the USL. The move is expected to officially…
• During his press conference today, Robert Palmer, owner of Jacksonville Armada FC, suggested that a USL ownership group had been interested in playing in Jacksonville — one that was also attempting to secure Hodges Stadium as its stadium of choice. Interesting tidbit from Palmer around the time of his…

Photo credit: Robbie Mehling/Soc Takes

INDIANAPOLIS — For versatile Indy Eleven wingback Tyler Pasher, the question never seems to be if he’ll impact a match. More often than not, it’s merely a matter of which position he’ll do it from.

The pacey 23-year-old Canadian drew a few starts at left back to start the season, then seamlessly transitioned to the left side of Indy’s midfield once natural left back Ayoze returned to full fitness. Pasher has posed a consistent danger to opponents regardless of where he’s been on the pitch, but obviously gets more opportunities to impact the attack as a left midfielder.

Eleven head coach Martin Rennie, clearly giddy about what he’s seen from Pasher farther up the flank, hinted that the move might become a staple.

“Yeah, I think so. I think we’re fortunate that we’ve got guys who can adjust and play different positions,” Rennie replied when asked if the Pasher-in-the-midfield trend is likely to continue. “But yeah, that’s one of the options in that position. I think that’s a great option for us.”

Photo credit: Robbie Mehling/Soc Takes

Pasher looked sharp during his most recent outing as a midfielder in Indy’s 2-1 home win over Nashville SC. Pasher started on the left flank and was a significant difference maker on both sides of the ball for the Eleven throughout.

Later in the match, Rennie dipped into his bag of tricks and sent the left-footed Pasher to the right side of the midfield. Managers often do this to allow opposite-footed players to cut in from the wing to get a better angle to go directly at goal, but that wasn’t the only reason for this particular shift. Rennie confirmed it was primarily a tactical defensive move, feeling that his club’s defense could use a little extra cover on that side of the field to protect its lead.

“I wanted to shut that side down a little bit more,” Rennie explained. “Because of his good defensive work, that happened. And then also, I think the game changed a little bit at that point. I don’t know if you could sense that, but we got a lot of our chances once he went to the right. And that meant the fullback had a different look, and he’s quite comfortable playing on the right, coming inside. And that actually, I think, was when the momentum in the second half changed, and then the game became a little easier for us. I think he can do right, left (midfield) or left back, so that’s nice for a coach to have.”

Pasher is simply too dynamic in the attack for Rennie to justify treating him as a permanent fullback. Unless Ayoze picks up a knock or needs a match off for routine rest, expect to see the speedster affectionately known as “Bae” line up as a regular starter in the midfield.

Follow Kevin on Twitter: @KJboxing.

Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today.

Related

Photo credit: Jamie Smed

On Jan. 31, FC Cincinnati terminated the contract of forward Tommy Heinemann. Subsequently, Heinemann’s agent contradicted FC Cincinnati’s version of events and stated that they would “go through formal dispute resolution” to determine whether Heinemann has been wrongly dismissed.

In regards to @fccincinnati unilaterally terminating my valid contract today: pic.twitter.com/2i4jX0UiQb

— Tommy Heinemann (@TommyHeinemann) January 31, 2018

This issue raised some interesting questions:

1. Is there a clause that allows a team to terminate the contract of a player based on pre-existing injuries? If so, what is it?
2. When is a player’s medical performed? Is there an upper limit on signing a player and conducting a player’s medical?
3. Are there FIFA mandates protecting players in this situation?
4. What remedial options does Heinemann have in this situation?

Soc Takes was provided with a copy of a generic 2018 USL player contract and read through FIFA’s “Regulations on the status and transfer of players” to address these questions.

In the USL player agreement, there are relevant subsections pertaining to player health and contractual obligations – subsections 4 and 8 :

Subsection 4 (d) – “Player shall report to Club in good physical condition and shall keep himself throughout the term of the this Contract in good physical condition;

Subsection 4 (e) -“Player agrees to disclose to Club any previous injury or any limitation to this physical ability to play soccer, including any ‘permanent disability rating’ previously assigned and the specific nature of that injury. Player further agrees to provide Club prompt notice of any injury sustained in the performance of his services during the duration of this Contract.” 

Additionally, Subsection 8 states:

 Subsection 8 – “Club shall conduct an examination of Player performed by a licensed physician prior to execution of this Contract.”

Subsection 8 then recommends that a player be subject to a similar physical at the end of his contract. However, that is not applicable here.

Why is this relevant?

This document raises more questions about how any club determines whether a player has a pre-existing injury. Critically, if FC Cincinnati is able to show that Heinemann or his agent knew of a pre-existing injury (widely rumored to be a knee injury, though this remains contested), and did not reveal this injury to the club, then the club would clearly meet the criteria written in (e). However, if the club cannot show knowledge of pre-existing injury, does the club still have the right to terminate the contract?

Per Transfermarkt, Heinemann spent almost an entire year (April 2012 – March 2013) injured due to a knee injury.

At least from an outside perspective, there’s little reason to think Heinemann was hampered by injury at the time of signing. On November 12th, Heinemann scored the decisive goal in the San Francisco Deltas’ NASL Championship victory, slotting in a penalty kick in the 19th minute. The striker ended up playing until nearly the very end, when he was subbed off in this 90+2nd minute. For a player who relies so heavily on the physical aspect of his game, surely he wasn’t hampered by a knee injury in his last action before signing with Cincinnati. 

Soc Takes reached out to a SF Deltas representative to ascertain whether Heinemann passed his exit medical. No response was provided at the time of publishing.

Heinemann was signed by the USL side just 23 days after he claimed the NASL title. The striker put pen to paper on December 5th – nearly two full months before the club would negate his contract.

Subsection 8 clearly states that the required medical needs to have been performed prior to signing of a player contract. Therefore, unless FC Cincinnati is able to conclusively show Heinemann deliberately hid the alleged injury, it is difficult to see how they can legally void Heinemann’s contract.

A more troubling question raised by how 4(d) and 4(e) are interpreted extends beyond this particular case – is FC Cincinnati (or any other club) allowed to terminate the contract of any player that reports to pre-season injured?

Based on the club’s press release where they state “The club worked with Heinemann and his representation over the last two weeks getting additional medical opinions, ending with today’s release…” it seems likely that the club is confident about an existing injury to the player. Yet, his agent asserts that the player “is healthy”.

However, contrary to media reports, Tommy is healthy and has been since he won the NASL championship with San Francisco Deltas last season.

Tommy continues to train and prepare for the 2018 season.

— PJ Savage (@HighlandSportsM) January 31, 2018

Therefore, questions persist about that central issue as well. Certainly the club could clarify this issue via the usage of imaging (an MRI, for example) combined with the opinion of an expert (an orthopedic surgeon, for example).

Subsection 8 also closes with a clear intention to give credence to FIFA regulations. “The above language is subject to any current or subsequent FIFA legislation specifically addressing the same.”

What does FIFA say?

According to article 18 (4),

“The validity of a contract may not be made subject to a successful medical examination and/or the grant of a work permit.”

On face value, that seems to suggest that Heinemann’s contract cannot be nullified. However, it is well known that European teams often release statements saying, “Player X has been signed subject to a medical.” The disconnect is likely in the word ‘contract’ here. From my reading of the situation, in Europe, those players don’t sign contracts until their medicals are completed. Whereas, in the Heinemann case, the contract was signed (and the player was announced) at least two months before questions about his fitness emerged.

In other words, since Heinemann seemingly possessed an executed contract, he is protected by FIFA statute 18 (4).

What remains unknown is if FIFA would actually intervene in this situation.

What remediation options does Heinemann have?

Statute 15 in the USL player contract explains the steps involved in ‘dispute resolution’ available to Tommy Heinemann:

Heinemann must write to USL explaining details of the issue. The league will then send the complaint to FC Cincinnati who will have three days to respond. This response will then be shared with Heinemann who will respond within two days. Finally, FC Cincinnati will be given another chance for clarification within two days.

Based on these arguments, USL will make its decision.

If Heinemann or FC Cincinnati is unhappy with USL’s decision, they can (within seven days) serve notice demanding binding arbitration in Ohio. 

Finally, if both sides are still unhappy, the aggrieved party can file a traditional lawsuit.

FC Cincinnati supporters are also entitled to ask – what would FC Cincinnati gain from terminating the contract of a player prematurely? It is a fair question.

Finally, also unclear are the steps for appeal and possible remediation as a result of appeal.

At this point, there are more questions than answers to the Tommy Heinemann story.

Soc Takes reached out to FC Cincinnati for comment on the story. A spokesperson directed SocTakes to the club press release and recommended an analysis written by The Enquirer. Soc Takes was not provided with comment by either the USL or Heinemann’s agent at the time of publishing.

Final thoughts

While there are some key questions that remain unanswered…

1. Did Heinemann/his agent know about and hide a pre-existing injury?

2. When was the medical conducted?

3. Are there other pertinent clauses that our analysis has missed? It is important to note that we have not seen a copy of Tommy Heinemann’s contract; it is possible that clauses exist that absolve FC Cincinnati of any blame.

…from this author’s analysis of the situation, outside of being able to prove that Heinemann knew of his pre-existing injury, FC Cincinnati is in the wrong here. The contract clearly states that medicals are expected before execution of a contract. That, may yet, be the most damning clause.

From a larger perspective, USL’s decision may yet bring into question the sanctity of all USL player contracts.

And that is a situation the league will want to avoid.

Follow Nipun on Twitter: @NipunChopra7.

Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today.

Related

Indiana Futsal director Justin Becht joins host Kevin Johnston for a discussion on the latest happenings at Indiana Soccer, coaching, his trips to Cuba to build futsal courts, Fulham, Indy Eleven and more.

Support Soc Takes on Patreon for access to exclusive content and supporter benefits. Click here to become a patron today.

Related