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No right to force kids to play
Posted on: September 20, 2016 at 19:07:02 CT
ScottsdaleTiger MU
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The NCAA and College Football Establishment do not consider the scholarship arrangement to be an "employment contract". They argue vehemently that it isn't. The fear is that if it's considered to be an employment contract that opens the door for kids to seek compensation for their services, etc. and end college football's amateur status.
Even if the scholarship arrangement were to be considered an employment contract, it is well established law that an employer can not force an employee to perform. I.e. the employer can sue for damages or perhaps even an injunction to prevent the employee from performing services for someone else during the contracts term, but the available remedies do not include specific performance. Specific performance of an employment contract would be "involuntary servitude".
Even if the scholarship arrangement were to be considered an employment contract, it is well established law that an employer can not force an employee to perform. I.e. the employer can sue for damages or perhaps even an injunction to prevent the employee from performing services for someone else during the contracts term, but the available remedies do not include specific performance. Specific performance of an employment contract would be "involuntary servitude".
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No right to force kids to play - ScottsdaleTiger MU - 9/20 19:07:02