I assume because he is not with the team, he would be considered LTIR until he is reinstated. However, I don’t think Colorado will be able to terminate his contract because they have to prove a material breach of contract to be able to do that. I’m not sure joining the player assistance program more than once constitutes a material breach of contract.

“Non roster” so counts for # contracts limit, but not against cap.

Yeah they can't terminate his contract for using a program that his employer has in place for exact situations like this. He would be able to sue for the rest of his money owed and likely for damages on top of it, as long as he has a good lawyer that it

Assuming he returns after the 6 months, a November return doesn't really 'solve' the cap issue.

As others have said, it definitely doesn't solve the issue; they're going to have to live with him

It only solves the issue if, by sheer coincidence of course, he applies for reinstatement just in time for game one of next years playoffs.

Hell, Vegas might pay a pretty penny for him in order to have that opportunity!

I jest of course. This actually makes things much more difficult next year.

No, because Nichushkin could return around mid-November, Colorado has to plan for Nichushkin to come back at that time (unless they have information that suggests otherwise)

Fortunately for the Avs, compensatory damages do not count against the cap

You guys think you'll get Mitts to sign for only six? 9 points in 10 playoff games, some pretty clutch goals, I don't think he's going to come in cheap.

Well the story I read said he failed a drug test and was placed in the assistance program, sooo couldn't they terminate his contract based on the crime he committed by using drugs. (Similar to Mike richards) or even keep him on the LTIR for the entire season since his suspension is for a minimum of 6 months.

Taking drugs probably doesn’t violate a standard NHL contract, especially if it’s a legal drug he’s taking. Also the Avs aren’t in control of his suspension length, the NHL Assistance program is so they will decide when Nichushkin can come back (which is as early as mid-November), the Avs should be prepared for all eventualities which means they should be prepared to get Nichushkin back in the early season, even if he might not necessarily be back then

But why would he be suspended and placed in the assistance program for taking a legal drug? Mike Richard's was terminated for driving pain killers over the boarder

Nichushkin, as part of exiting the assistance program earlier in the year likely had a plan he had to follow to stay out of the program and one of the conditions was likely don't take drugs and we'll drug test you to make sure you don't, he failed it so he gets back into the program, doesn't have to be anything illegal, just has to violate the conditions of his previous exit of the program

To add to this, there is still one more stage of the program. If after reinstatement Nichushkin violates the treatment plan again, then he would get a one year suspension and reinstatement isn't guaranteed once that year is over. So Nichushkin isn't going away soon unless he asks for a termination (unlikely).

Friedman mentioned it in 32 thoughts last week. He'd be back against the cap in November. Also, Colorado can't terminate his contract while he's in the program.