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Wednesday, April 05, 2006
Defaming or Fitting? The Bobcats Release of Kareem Rush Last Saturday, the Charlotte Bobcats released guard Kareem Rush. Rush, 25, had started 25 of 47 games this season, and averaged 10 points per game on 39% shooting from the field (and 35% from beyond the three-point line). Not outstanding numbers, but certainly decent numbers from a still young, and occasionally prolific scorer, and good enough that many wondered why the Bobcats would release him--and particularly this late in the season (the Bobcats had only 10 games left at the time of Rush's release). When explaining the team's decision in a press release, Bobcats general manager and head coach, Bernie Bicerkstaff, offered unusually harsh and demeaning words: The Bobcats are about two things - hard work and maximum effort. With that in mind, we think that it is best to go in a different direction with Kareem.Bicerkstaff's comments have drawn the ire of some in the NBA. Most notably, Lakers head coach Phil Jackson, who coached Rush the previous two seasons, called the move and explanation "vindictive." He argued that the more appropriate move by the Bobcats would have been to place him on the inactive list and waive him in the off season. Bickerstaff intemperately fired back at Jackson yesterday: "[Jackson] probably forgets he wrote a book for profit and (revealed everybody’s confidences), so he has no credibility.”Others believe that Bickerstaff not only had a right to criticize Rush, but should be applauded for doing so. Bobcats captain Brevin Knight praises Bickerstaff for showing that "if you're not giving the effort that's expected to be given, there will be some consequences." Similarly, True Hoop's Henry Abbot writes: I'm a big believer in creating "Corporate Culture" on NBA teams. The Pistons and Spurs have it. What it means, precisely, is a matter for a 10,000 word essay, but it's along the lines of having everyone know, and believe, that there is "a certain way we do things here." When just about the whole roster agrees on that, you can get some great results. Seems like this could be a sign the Bobcats are pretty intent on developing that kind of culture.No one seems to know what exactly Rush did to warrant such an unusual release and the even more unusual accompanying criticism. Until now, he hasn't drawn all that much attention in his career, other than developing a reputation as a talented three-point shooter who is deficient in the areas of defense and rebounding, and who doesn't like to pass the ball. A flawed player indeed, but until now, I haven't seen evidence of him being a flawed person. But Bickerstaff, Knight, and perhaps others think otherwise. And let's assume that Rush was indeed going through the motions and not being a good team player and all of that--a true jerk extraordinaire. Even so, should the Bobcats have disparaged him on the way out? Usually employers go out of their way to avoid embarrassing employees when they are fired, not only out of respect to the employee and to dissuade him from later bad-mouthing the employer, but also to reduce the likelihood that remaining employees will become upset at the firing or worried that other personnel changes are on the way. Employers also have to worry about defaming or libeling an employee when he is fired. I have no doubt that Rush and his agent are at least thinking about the remote possibility of a defamation suit against the Bobcats and Bickerstaff, paticularly if Bickerstaff's comments prove to damage Rush's reputation and his prospects for future NBA employment. For his part, Bickerstaff seems insecure and tactless. I suspect a genuinely confident general manager wouldn't need to resort to gratuitous swipes at an exiting player. Just wish him well and move on. I'm sure fans and other NBA observers would be able to read the space between the lines as to why a player was let go with only 10 games left in the season. 7 Comments:
I think GM Bickerstaff needs to pick on some other player beside a guy who has a reputation of being meek. i'm sure if it were someone like Stephon Marbury or Steve Francis he might have not have been able to get away with what he said. You don't give up on a player after nearly 1 1/2 season, especially someone who is averaging nearly 10 points a game and someone who got injured. All in all there are many kind of General Managers in the NBA, there are the ones who are like Jerry West quite sure of himself, really cares for his players and are tactful and careful not to demean others , and ones who are tactless and blames others publicly for his or her own failure to lead.
If a GM has to denigrate a player after firing him then this was a personal vendetta and not a business decision. This episode show more of Bickerstaff's lack of character then Kareem's alleged lack of effort. Seeing how Charlotte has accomplished nothing under Bickerstaff, this might be the start of excuses for the soon to fired GM.
Bickerstaff's trying to shake up a losing team and send a message going into the offseason. Whether that is "fair" to Rush is besides the point (though if there really is any potential liability for defamation, that should have given him pause). The fact that Brevin Knight, a respected veteran and leader on the team, spoke publicly in favor of it speaks volumes. Players are loathe to comment about other players - teammates or not - in a negative way. IMHO, that shows that the release was not only warranted, but welcomed by the players.
Let's not forget that truth is a defense to a claim of defamation. If you think Bickerstaff's comments are injurious to Rush, I wonder what you'd think about his teammates and coaches talking about him dogging it in practice during depositions. The chance of a lawsuit here is less than zero.
Thanks for these comments. SC Editor is right: truth is a defense to a claim of defamation, and that is a good point. But do we know the truth here? And can we handle it? Let's not forget that Brevin Knight is the recipient of Bernie Bickerstaff's generous decision to pay him $4.4 million this season and $4.6 million next season, along with a buyout option for the 2007-08 season. He is also the recipient of the team's decision, with Bickerstaff’s blessing, to annoint him as team captain. I’m sure he feels a strong sense of loyalty to Bickerstaff. So I might take he says about Bickerstaff’s decisions with a grain of salt, at least as long as he remains in the employment of the Bobcats. And without other, more verifiable information, I don't think we can say that the chance of a defamation suit is "less than zero."
Truth isn't the only issue. It is also that Bickerstaff's statements may be mere expressions of opinion.
thank you
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