The Dolphins have asked for the delay because the franchise has NFL investigator Ted Wells at the team’s facility through Wednesday. Wells is in town interviewing Dolphins players and staff on the alleged harassment claims made by tackle Jonathan Martin.
Incognito was suspended after reportedly having text messages and voice mails he left for Martin turned over to the team and the NFL as part of the investigation. He was suspended indefinitely, but the actual suspension can last a maximum of four games, per the collective bargaining agreement.
The team, according to ESPN, has acknowledged that Incognito’s suspension can’t last more than four weeks and the total suspension costs can’t exceed four game checks, plus one additional game check, or roughly $1.2 million.
Incognito requested an expedited hearing when he filed his grievance last week. According to ESPN, the complaint said the suspended guard alleges the Fins haven’t provided examples of the conduct that was detrimental to the team which led to the suspension.
The grievance hearing is set to go before an independent arbitrator on Thursday. Incognito will have lawyer Mark Schamel, along with the NFL Players Association on his side during the hearing, according to ESPN.
When Martin met with Wells last week, as part of the NFL’s investigation, he was represented by lawyer David Cornwell, but the NFLPA was kept out of the interview. Cornwell and the NFLPA have a contentious relationship dating back to him losing the election to lead the NFLPA.