Colin Kaepernick Settlement: Amount, Reid’s Share, and Aftermath

The NFL settled Colin Kaepernick’s collusion grievance in February 2019 for a reported combined total of less than $10 million, covering both Kaepernick and safety Eric Reid. The Colin Kaepernick NFL settlement was announced on February 15, 2019, and its exact terms remain sealed under a confidentiality agreement signed by all parties.¹

The Wall Street Journal, citing people briefed on the deal, reported in March 2019 that the league paid under $10 million to resolve both grievances.² The New York Times independently reported the figure was “considerably less than $10 million.”³ How the money was split between the two players, and what remained after legal fees, has never been disclosed.

What Kaepernick Was Claiming

On October 15, 2017, Kaepernick filed a grievance with the NFL Players Association alleging that all 32 teams and their owners had violated the anti-collusion provisions of the collective bargaining agreement by keeping him off rosters in retaliation for his anthem protests.⁴ The claim was brought under Article 17 of the 2011 CBA, which bars clubs from agreeing among themselves to restrict individual decisions on player contracts.⁵

The burden was steep. Kaepernick’s side had to show by a “clear preponderance of the evidence” that at least two teams had entered into an express or implied agreement to deny him work. Under the CBA, the fact that a player is unsigned, even paired with proof of his skill, is not by itself enough.⁵

Reid filed his own grievance on May 2, 2018, making similar allegations and asserting that owners had been influenced by President Trump’s criticism.⁶ Both players hired Geragos & Geragos rather than leave the matter to the NFLPA.⁷

Why the Case Was Worth Settling

Discovery had already gone deep by the time the parties negotiated. Kaepernick’s attorneys completed at least 14 depositions over roughly nine months.⁸ Those deposed included Commissioner Roger Goodell, Cowboys owner Jerry Jones, Texans owner Bob McNair, Patriots owner Robert Kraft, and Broncos general manager John Elway.⁹ Ravens general manager Ozzie Newsome and head coach John Harbaugh also sat for questioning.¹⁰

The evidence under review reportedly included audio from an October 2017 owners’ meeting focused on Kaepernick and the anthem protests. Kaepernick’s lawyers questioned Kraft about a March 2017 Air Force One flight with Trump, one day before the president publicly criticized Kaepernick. Elway was asked why he had been willing to sign Kaepernick for $7 million in April 2016 but no longer had interest by March 2017.⁹

On August 30, 2018, arbitrator Stephen B. Burbank denied the NFL’s motion to dismiss, sending the case toward a full hearing.¹¹ ESPN described the coming hearing as a “semi-public airing of grievances” that would have exposed owner depositions and internal league business.¹² Five and a half months later, the parties resolved the case.

How the Reported Payment Compared to a Full Win

The figure fell well short of what a successful grievance could have yielded. A Forbes analysis estimated Kaepernick’s compensatory damages alone at close to $40 million over the 2017–2022 period, based on projections of lost quarterback salary.¹³ The CBA also allows double damages for first-time collusion offenders and treble damages for repeat offenders on a proven claim.⁵ The Wall Street Journal called the actual payout “far less than the tens of millions of dollars Mr. Kaepernick, especially, would have likely been owed if his grievance had prevailed.”²

What the Settlement Said, and What It Didn’t

The joint statement from the NFL and counsel for Kaepernick and Reid read in full: “For the past several months, counsel for Mr. Kaepernick and Mr. Reid have engaged in an ongoing dialogue with representatives of the NFL. As a result of those discussions, the parties have decided to resolve the pending grievances. The resolution of this matter is subject to a confidentiality agreement so there will be no further comment by any party.”¹

The NFLPA said it was “not privy to the details of the settlement” but supported the players. The union added that it had “continuously supported Colin and Eric from the start of their protests” and had “participated with their lawyers throughout their legal proceedings.”⁷

Two things the settlement did not include are worth noting. First, there was no public admission of collusion by the NFL. Legal observers noted that agreements of this type routinely stipulate that settlement is not an acknowledgment of wrongdoing.¹² A Seton Hall Sports Poll taken after the announcement found the public split: 45% viewed the deal as “essentially an admission of guilt,” while 40% did not.¹⁴

Second, the settlement did not require any team to sign Kaepernick. As ESPN put it, “the NFL has no mechanism to force the signing of a player.”¹² Attorney Mark Geragos said shortly afterward that Kaepernick “absolutely wants to play” and predicted a team would sign him within weeks.¹⁵ No signing followed.

Eric Reid’s Share of the Case

Reid’s grievance was folded into the same February 2019 resolution. Unlike Kaepernick, Reid did return to the field: the Carolina Panthers signed him in late September 2018, while his grievance was still pending. During his time in Carolina, Reid alleged that the NFL subjected him to retaliatory drug testing, saying he had been tested five times in his first eight games — a frequency he calculated as having roughly a 1% chance of occurring at random.¹⁶ He also said he had been fined for routine tackles he did not consider penalties.¹⁷ The NFLPA reviewed the drug-testing claims but found no formal appeal process for challenging the frequency of random selections.¹⁸

What Happened to Kaepernick After Settling

In November 2019, the NFL arranged a workout for Kaepernick at the Atlanta Falcons’ training facility. The event collapsed over a liability waiver. Kaepernick’s lawyers objected that the league’s proposed waiver was too broad and would bar him from filing future collusion claims; the NFL rejected the alternative Kaepernick offered.¹⁹ He moved the session to a nearby high school. Only eight teams sent scouts, and no offers followed.²⁰

In June 2020, after nationwide protests over the killing of George Floyd, Commissioner Goodell publicly stated the league “should have listened” to Kaepernick and other protesters and said he would welcome Kaepernick’s return.²⁰ No contract offer followed. Kaepernick had one more documented tryout, with the Las Vegas Raiders in 2022, and again was not signed.²¹

Kaepernick has not played an NFL game since January 1, 2017. Whether his forthcoming memoir, The Perilous Fight, addresses the confidential settlement is not yet known.²²

1
NFL.com. NFL, Kaepernick, Reid Decide to Resolve Pending Grievances
2
Wall Street Journal. NFL Paid Under $10 Million to Settle Colin Kaepernick Grievance
3
New York Times. Colin Kaepernick NFL Settlement
4
Houston Public Media. Kaepernick Files Grievance Saying NFL Owners Conspired to Shut Him Out
5
Harvard Journal of Sports and Entertainment Law. Anti-Collusion Provisions in the NFL CBA
6
ESPN. Colin Kaepernick, Eric Reid Settle Grievance Case With NFL
7
ABC News. Colin Kaepernick, NFL Resolve Pending Grievances
8
InsideHook. Report: NFL Pressuring Arbitrator to Rule in Colin Kaepernick Collusion Case
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Sports Illustrated. Colin Kaepernick Collusion Case NFL Arbitrator
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Yahoo Sports. Jerry Jones Deposed in Kaepernick Grievance Case
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Washington Post. Colin Kaepernick’s Collusion Case Proceeds After NFL’s Dismissal Request Is Denied
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ESPN. Everything to Know About the NFL Collusion Grievance Settlement
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Forbes. Why the NFL’s Settlement With Colin Kaepernick May Have Approached $40 Million
14
Seton Hall University. Many Think NFL Settlement With Kaepernick Is Admission
15
Deadline. Colin Kaepernick May Soon Sign With an NFL Team
16
ESPN. NFLPA Looking Into Eric Reid Allegation of Excessive Drug Testing
17
ABC News. Panthers’ Eric Reid: NFL’s Drug Testing Not Random
18
USA Today. Eric Reid’s Random Drug Tests Look Fishy
19
CNBC. Kaepernick’s Botched NFL Workout Strengthens Case for Second Collusion Lawsuit
20
Britannica. Colin Kaepernick
21
NBC Sports. Colin Kaepernick Will Publish Equal Parts Memoir and Manifesto
22
Hachette Book Group. The Perilous Fight by Colin Kaepernick