Luongo was in a special category because of the amendments to the CBA to introduce the Luongo Rule.Meds wrote: ↑Wed Jul 17, 2019 4:07 pmYeah, I feel like if there was a way to mutually terminate a contract and simply re-sign with another team then Gillis and Luongo would have done just that, or Benning would have traded a 7th to Florida for Louie and a 6th and then done the same.
The only path to mutual termination is a player's retirement.
Also, Luongo was still owed a shit-ton of money on his contract, which is why he wouldn't have mutually terminated. Versus Loui, who is only owed $3 mil per season for 3 years of hockey potentially riding the bus in Utica.
But Capgeek clarified what mutual termination actually means, and why it generally can't happen to a player (like Luongo) with an NMC:
So the process is Loui is demoted, refuses to report to Utica, is given formal notice that fail to report is a material breach, then he's placed on unconditional waivers.We'd like to clarify a point from our previous tweet in which we refer to Berglund's contract termination as being "mutual", based on info we've received.
Contract termination is almost never mutual, in that the player is not required to sign-off on his own termination.
Unconditional waiver placements are almost always the result of a breach of contract (in this case, failing to report).
The club would then send the player & his agent a letter to inform them the contract will be terminated if the player does not report by a certain date.
At this point the player is aware that if he does not report by a certain date, the club will place him on unconditional waivers for the purpose of termination.
The player then takes the decision to either report to the club or accept that his contract will be terminated.
However, once the player clears waivers, and the club has officially terminated the contract, the player and his agent can challenge the violation outlined by the club for breach of contract, as well as the right to file a grievance with the players association.
WIth that Jake Dotchin guy, who was supposedly too fat for the Lightning last year, his RFA contract was mutually terminated and he became a UFA. He signed with the Ducks the same year. To my knowledge he's the only "mutual termination" (which is more accurately "termination for material breach") player to re-sign within the NHL after the termination.