The MLB Players Association has filed a grievance against the Yankees in regards to the team’s plans to withhold Jacoby Ellsbury’s salary for the 2020 season, Ronald Blum of the Associated Press reports. The matter will be heard by an arbitrator, with no timeline given as to when the hearing will take place or when a decision could be rendered.
Some type of official challenge on the union’s behalf was a given, once the Yankees’ intentions were made public last month. At the time, the MLBPA released a statement saying the union “will vigorously defend any action taken against Jacoby or his contract and is investigating potential contract violations by his employer.”
Ellsbury signed a seven-year, $153MM deal with the Yankees prior to the 2014 season that has turned out to be one of the most notable free agent busts in recent memory. Injuries have kept Ellsbury off the field entirely for the last two seasons, and he only hit .264/.330/.386 in 2171 PA over his first four seasons in New York (with injuries also limiting the outfielder in two of those four years). The Yankees finally released Ellsbury last month, with $26,142,857.15 still remaining in the last year of his deal — his guaranteed salary, and the $5MM buyout of his club option for the 2021 season.
However, the Yankees took the very unusual step of arguing that Ellsbury’s remaining earnings should be voided, alleging that Ellsbury underwent medical treatment without the team’s permission. As Blum notes, “Ellsbury contends any treatment he received without authorization was for a non-baseball-related injury or condition, which does not require the club’s consent.” The Yankees, Ellsbury, and Ellsbury’s agent Scott Boras all declined to comment on the matter.
The arbitrator’s ruling will obviously have a significant financial impact on Ellsbury, and also on the Yankees’ ability to avoid paying a maximum luxury tax penalty in 2020. The club has a projected tax bill of just under $261.6MM for the 2020 season, as per Jason Martinez of Roster Resource, well beyond the $248MM that represents the highest level of taxation threshold. The Yankees therefore face a ten-slot drop in their top position in the 2021 draft, as well as a bill of 42.5% of every dollar spent over the threshold.
The Cheap Yankee billionaire is trying to cheat a poor ballplayer out of his money so said billionaire can put the money in his own pocket.
How’d I do?
It’s true. He was trying to free up space for Cole but he for sure cheated ellsbury
Cheated Ellsbury ??? Not possible. Fragile little fraud Ellsbury didn’t show up for work for almost 3 years. He should be banned from MLB. Even as a fan, don’t let that bum in any stadium, majors or minors.
Right … I’d like to see how you would feel if you got hurt at work and you were denied payment. Athletes are people too
sure ellsburry is a retirement player but remember it’s stein bummer who started buying world’s serious by giving outrageous contracts.. he distorted the sport by rewarding future years for declining players .. THAT IS WHY TEAMS HATE NEW YORK CHEATERS
AND YOU ARE A TROPICAL NY SELFISH NARCISSISTIC ANIMAL .. DISGUSTING SAVAGE
I’m fine with not guaranteeing contracts and firing unproductive old players but if ownerns want that please pay 21 year old mike trout 50 mil per year and not 500k. Owners can’t have it both ways and dodge paying brokwn veterans and still not pay young stars market rate.
The deal ownera have with the union is exploit young players and in return overpay old, declining veterans.
If owners break that “contract” they need to give young players more.
So far owners did pretty well with the current model, sure you have to pay an occasional pujols or ellsbury but those costs are easier to calculate than if a start emerges and then has to be paid 40+ mil per year.
Met fan right lol
The cheap Yankees owner that just approved a 9 year $324 million contract to a pitcher, and who’s team will surpass the highest luxury tax penalty. That CHEAP owner. Ok.
the poor ballplayer who signed a 153 million dollar contract, 3 years of which he barely if ever played during? Contracts are guaranteed and the Yanks should have to play, but Ellsbury is far from poor.
The contract is only guaranteed if an arbitrator determines that Ellsbury did not violate the terms of said contract. If Ellsbury was treated for baseball-related injuries without the team’s consent, he gets zero dollars.
Guaranteed ONLY if player follows contract obligations. We don’t know the truth yet, but IF Ellsbury went to unapproved doctors for unapproved treatment, Yankees have a legit complaint.
you can be selectively cheap.
Ellsbury should have followed medical protocol.
He said he did. The Yankees said he didn’t. An arbitrator will determine which one is true. You and I know nothing more unless you’re his doctor?
Sox fan lol…
It’s just a mater of time before they do this to Cole to lol
Idiot.
Moron!
Have fun in flushing black Ace. You are a dope and deserve to Have your ears Blown out by airplanes.
Everyone knew Ellsbury was a terrible signing. The Yankees are looking for a reason not to pay him.. He would still not be ready to play regardless of any treatment he received without permission. The Yankee get a so much TV money, , just pay him and move on. I see this ending in Ellsbury’s favor.
It doesn’t matter if the treatment affected his ability to play or not. The Yankees were entitled to him not seeking any outside medical treatment. If he doesn’t keep his promises, they don’t have to keep theirs. That’s the nature of a contract.
I realize the Yankees are looking for a loophole to void his contract. Ellsbury has stated that it was a non-baseball related condition and does not require consent, which tells me that his lawyers have already reviewed the contract and affirmed he was not in violation.
Ellsbury’s lawyer disagrees with the Yankees team of lawyers and that is conclusive to you???
@beisbolista The MLB union and his lawyers. He was injured playing for the team. It happens. The Yankees are pursuing it because they have nothing to lose. Worst case scenario, they have the pay him what they owe him and agreed to pay him.. It is just a sleezy move. If you worked for a company and were injured because of your job would you like to be paid or screwed over by your employer and have them drag it out on some technicality. I could understand if he was injured doing something unrelated like Cespedes, but he was doing his job. The Mets had his contract re-worked even though he was in clear violation of his contract. You have to admit the Mets took the high road and the Yankees are taking the low road here. I mean I know Ellsbury has under performed, but we can’t try to look for a way not to pay him based on a technicality. You have to assume Ellsbury went to the doctor’s that the Yankees wanted him to and when they wanted him to go for the baseball related injuriesl
The Yankees doctors would be the one that have the authority to clear him to play. We will see how it turns out, but remember when all said and done, I say I told you so.
What you call a “technicality,” is likely still a breach. The contract may state this explicitly or implicitly, we don’t know. The fact that the Mets and Cespedes worked out a modification has nothing to do with “morality,” it takes 2 to tango. Here, it’s more likely the Yankees attempted to modify, but Ellsbury chose not to – his choice and right. Your assumption that he went to team doctors as told goes directly contrary to the purpose of the Yankees claim. If this can be assumed, why can’t it equally be assumed that Ellsbury went outside of the team for medical treatment? You’ve picked your side, that’s clear, but it’s more based on your emotional reaction to the information than the information itself.
@just_a_thought This matter is of little significance save for the Hal and Ellsbury. Will $26 million go to the billionaire owner or will it go to the $100M athlete? Depending on your decency and the type of person you are,, you will have your biases.. Most people will side with the employee unless the employee did something egregious. Some will side with the owner.. Based on what I have read, I see a claim levied by the Yankees that was rebuffed by Ellsbury without a counter. Ellsbury has been hurt for a long time. Usually when you have a doctor, they are routine visits and check ins. for long term disabilities to check if the treatment is progressing. That is kinda how doctors work. If he hasn’t been seeing the doctors regularly as you claim,, why is this an issue only now? What wasn’t it a year ago, 6 months ago? It is kind of comical that they just realized they overshot the luxury tax threshold and they are looking for ways to bring it down a bit. Poor Ellsbury, the first casualty of Cole’s contract. . The Yankees get like $370M a year just from TV money. The team salary with Ellsbury is only $250M ish, just pay him. and move on.
So, most people side with the employee because the employer has the money and employees have less means a possible breach of contract by that employee is insignificant? This isn’t about decency or morality, it’s about facts. Yankees claim Ellsbury breached the contract by going to non-approved doctors. I never claimed that Ellsbury didn’t go to the doctor, the claim is that he sought medical treatment outside of team approval in violation of his contract. Ellsbury has responded that it was non-baseball related treatment. This does not mean the Yankees haven’t “rebuffed” it and that Ellsbury wins, this means the arbitrator has the claims and arguments of each side and now will hear evidence. Depending on what is presented next will determine whether Ellsbury was in breach or not, nothing to do with egregiousness. You don’t win on principle alone. Further, this is not to be construed as me siding with the owner based on bias or indecency. If the arbitrator determines that Ellsbury’s responses have more merit, then I agree that he should be paid. The difference is, I am awaiting those facts to come out before I pick a side.
Exactly. Pretty much the definition of a contract. Both sides must abide by the agreement.
Hey angels fan-MLBPA is pursuing it, NOT on the merits of the case…
COMPLETELY as they have EVERYTHING to LOSE.
All the Yankees want to do is delay paying Ellsbury’s check until 2021. Chicago and 3b man Bryant have been waiting for over a year. Bryant’s grievance won’t be decided until June or July 2020. Ellsbury won’t be decided until after 2020 season is over. So what if they pay him with interest it will save them millions. The penalty of 42 % and the draft pick falling 10 spots in the 2021 draft.
Ok Larry, I’ll bite: what legal experts told you Bryant’s grievance won’t be decided on until this summer? Rudy Giuliani?
I don’t see where the filing of this grievance would push Ellsbury’s salary to next season in order to lessen the 2020 tax burden. Seems contrary to all reports that his salary will be on this tax bill, regardless of this action.
I recall that Boston fans were really nonchalant about Ellsbury going to the Yanks. They knew he was fragile and once missed about 7/8 of a season with a few broken ribs, but was seen playing golf while on the DL. Still, a contract is a contract and Jacoby should still be paid.
The ribs that Dr Pappas said were just bruises. When asked why no MRI was done, he said we don’t MRI bruises. When Ellsbury pushed for a MRI and threatened to use his own Doctors they reluctantly did a MRI and found they were fractured, and their insistence he rehab with fractured ribs no doubt delayed recovery. However when they cleared him to play he still had a fractured rib missed on the previous MRI, he ended up back on the DL while a subsequent MRI showed the fracture. Red Sox tried to argue it was a new fracture but Ellsburys own doctor showed it was the original fracture unhealed and playing set back recovery
As for golfing with fractured ribs. Well, even with fractured ribs you must have some physical activity. Lying in bed for 2 months is not healthy and will make it harder to return in shape. As long as you don’t overdue the swings. To compare golf with making sliding catches, throwing a ball 200 ft, sliding into bases head first and swinging at 95 mph pitches is silly.
@22222pete
If you’re an accountant rehabbing from a serious rib injury then so be it, that person is an idiot but he can still perform his job. If you’re a pro athlete rehabbing from a rib injury and you play golf during your rehab then you need to be suspended without pay. Where are your ribs located? You don’t think performing a swing which involves torque via your core muscles won’t aggravate a rib injury? Cmon. That player is just beyond stupid.
as a Red Sox fan I can confirm this.
I hope you all read this because I had not read much info on exactly what Ellsbury did. It explains A LOT!!!
per daily news
“Two days after releasing Jacoby Ellsbury, the Yankees now plan to inform the outfielder that they do not intend to pay him the remaining dollars they owe him. This comes after the team learned the chronically injured center fielder was receiving unauthorized and undisclosed medical treatment from an Atlanta clinic.
Citing violation of the standard player’s contract which requires players “to remain in first class physical condition” and to inform the club of any medical treatment received outside of the realm of the team’s physicians, the Yankees would not pay out the final year of Ellsbury’s $21 million contract for 2020 (they owe an additional $5 million for buying out 2021). A few months ago, the Yankees were tipped off that Ellsbury had been receiving treatment at the Progressive Medical Center in Atlanta, headed up by a controversial physician named Viktor Bouquette.
This, in turn, prompted Baseball Commissioner Rob Manfred and the team Manfred typically leans for PED cases to launch their own investigation into Bouquette and the Atlanta firm.
So far, the firm has not released Ellsbury’s records to MLB, but it is believed he’s been getting treatment there since 2017, meaning the $63 million he was paid for the 2017-2019 seasons could conceivably be challenged by the Yankees. The case will now go before the baseball arbitrator with a vigorous defense from the Players Association and Ellsbury’s agent, Scott Boras.
In any case, Bouquette has a checkered history. In May of 2011, the State of Georgia Medical Board concluded he had improperly diagnosed and treated a 56-year old woman, Susan Alexander, who died in 2002 while undergoing intravenous chelation therapy. The consent order required Bouquette to pay a $5,000 fine and refrain from providing intravenous chelation therapy to patients without fully documenting the need for such treatment for the patient.
It was later revealed that, 14 years previously, Bouquette dropped his medical insurance, which he said he did to shield himself from frivolous lawsuits. He offered Alexander’s family $10,000, which they turned down”.
Big points
-Ellsbury nor agent ever told the Yanks about the treatments he was receiving. Someone “tipped” them off
-He may have been getting treatments over the last 2 years by this doctor who has NOT been consulting with the Yanks doctors while rehabbing from several different injuries over the last 2 years.
You don’t think that’s possibly relevant? And now the league’s PED squad is researching into this too?
-The doctor never sought advice from the team doctors nor did they (doctor, Boras, Ellsbury) even INFORM the Yanks he had a) medical issue or b) treatments for the medical issue. The Yanks STILL do not know what treatments he’s been having or surgeries because Ellsbury’s medical files are private and protected under medical privacy laws.
-The doctor has a questionable past.
“In any case, Bouquette has a checkered history. In May of 2011, the State of Georgia Medical Board concluded he had improperly diagnosed and treated a 56-year old woman, Susan Alexander, who died in 2002 while undergoing intravenous chelation therapy. The consent order required Bouquette to pay a $5,000 fine and refrain from providing intravenous chelation therapy to patients without fully documenting the need for such treatment for the patient.
-We don’t know if Ellsbury was receiving this “Chelation Therapy” or not.
-Chelation therapy is a treatment that uses medicine to remove these metals so they don’t make you sick.
-Some alternative health care providers also use it to treat heart disease, autism, and Alzheimer’s disease. But there’s very little evidence it works for those conditions. In fact, chelation therapy can cause serious side effects — including death — especially if it’s used in the wrong way.
-Chelating drugs can bind to and remove some metals your body needs, like calcium, copper, and zinc. This can lead to a deficiency in these important substances. Some people who’ve had chelation therapy also have low calcium levels in the blood and kidney damage.
-Some of the common side effects of chelating agents include:
Burning sensation when injected into a vein
Fever and chills
Headache
Nausea and vomiting
Diarrhea
Convulsions or seizures
Fall in blood pressure
Breathlessness or tightness in the chest
Respiratory failure
Low blood calcium
Irregular heartbeats or cardiac arrhythmias
Severe allergic reactions may occur with the use of some chelators and lead to skin rash, eczema, exacerbation of asthma or asthma attacks.
Severe hypersensitivity reactions may lead to anaphylactic shock and even death.
Depression of the bone marrow leading to low counts of red blood cells, white blood cells and platelets. This can lead to anemia, infections and an increased bleeding tendency.
Kidney damage and failure leading to end stage renal disease requiring dialysis.
Liver damage may be seen with some chelating agents and some patients may develop liver failure.
Damage to the brain leading to a decline in cognitive function
Vitamins and vital nutrients may leave the body along with the heavy metal. This can be a particular problem among children who require adequate levels of nutrients for normal growth and development. In addition, vitamin supplements may not always replenish the loss of vital nutrients caused by long term chelation therapy.
So with all that the Yanks have been paying this guy tens of millions while he sat on the IL from a litany of off and seemingly unrelated injuries and he MAY have been taking treatments for non-disclosed health issue and the Yanks never knew of it until they got a “tip” from someone and you guys are acting as if the Yanks are the bad guys?
Who knows what his issues were, how the issue developed or what treatments he’s been given and how they may or may not have effected the rehab of sustained baseball related injuries or was the possible cause of those baseball related injuries.
Sorry. Yanks could be worth a trillion dollars and I would still want this to got to court to at least find out what medical issues he’s hidden from the Yanks. The treatment could’ve effected his sports related rehab regimen suggested by the Yankee doctors.
One of the side effects is removing calcium from the body. That could lead to brittle bones. Ummm…he’s had leg and foot related injuries? Facts need to be released. Yanks are completely in the dark and should try and recoup as much as possible if they can get the courts to open up his medical reports with the doctor involved.
I know this is hella long but honestly, I can’t fathom to understand how this topic being discussed and this pertinent info isn’t mentioned.
Because it’s 100% speculation?
Let’s unpack that long post using what is known or accessible on an involuntary basis:
1) medical records are private, and, any leak would be subject to HUGE penalties and punishments.
2) right now yankees claim has to be “we’re told treatment happened” “well what proof of treatment do you have?” “Well, none, we’re told it happened but have no records to prove it” “well, Mr ellsbury, do you agree to release your private records?” “No” “well, without your release nobody can speak with us” “I dont give you my permission” ok everybody, well, I don’t see any evidence other than speculation here”
3) the links being drawn here are similar to this hypothetical – a young woman goes to a medical clinic without her parents knowledge. It turns out its planned parenthood. Planned Parenthood has performed abortions in the past. The girl must have been pregnant and gotten an abortion.
Not really a conclusion that can be drawn or should be speculated on.
Besides all that, yankees or no yankees, I think this is an issue that the entire players associated is going to be against as an overreach and pushes the entire labor strike risk down another Defcon level.
As far as taxation or penalties, I’d think the contract and obligation to pay exist unless and until there is a final award as to who is right. So, if this thing doesn’t wrap up before the 2021 draft, and they’re over, they’ll be forced to accept the 10 slot hit and extra baggage. Then, in the event of reversal, well, the CBA doesn’t contemplate adding those slots back the way it does for an unsigned pick, so, it’s unfair to the other teams to bump a selection upwards…I guess they’d be SOL but possibly recoup fine/tax money at best.
I get what you’re saying but I think you have a bit mixed up. Ellsbury and the MLBPA filed the grievance. Part of their claim/counter to the Yankees counterclaim of breach of contract is that the treatment received is not baseball related. As such, MLBPA and Ellsbury will be the ones that must produce evidence to prove this claim. Though private, a person can waive and submit their private information. If Ellsbury does not produce such to back his claim, then the Yankees win for the lack of evidence. Not the other way around.
I’d think the yankees need to prove grounds to convert the contract to non guaranteed first.
Just because there’s a provision saying the conversion is possible usually doesn’t give an arbitrary right to just declare something and do so.
That would be kind of like one of the millions with student loan debt just saying one day “I have hardship and can’t pay, I’m discharging it”… yes there’s a method in there, BUT, the person exercising the right need to first prove they’re entitled.
Yankees haven’t proven their entitled to the conversion to non guaranteed with evidence, they’ve one said “because I say so”
My guess is that the Yankees have claimed that this is a material breach in which they are excused from their portion of performance at this moment. I’m intrigued by your student loan example, can you further develop what you are saying?
Yankees have confirmation Jacoby chose to seek medical treatment multiple times knowingly by a dr that was not approved. End of story
You new glasses then lol
Yep. I was very upset with the signing from the day the contract was done. Just a terrible signing. How do you sign someone who already had 2 seasons cut short due to injuries in his PRIME. Did they think he would become the iron horse as he got older? They signed him to a long and relatively expensive contract and they’ve literally been paying for their dumb move. The people who run the Yankees, I know are smarter than me, so it baffles me how they could be so stupid to sign Ellsbury.
You have a g rest perspective angel fan, since your team has pissed away more money than any other. When it is one injury it’s one thing. Elsbury created injury excuses like he was an old man that was out of shape. Come in. Get real. If u r sitting home and collecting the check then there is a responsibility to work within the teams protocols. It’s not the Wild West. Grown up or change platforms.
MsAngelfan. Stop wasting our time with girly posts. Sure the Elsbury deal was bad. Worse than that was Cabo’s deal. Or how about albert’s, or Josh Hamilton’s.
If the Yankees prevail then good for them and all of baseball. Contracts are not a one way street.
he went by the contract
Be really interesting if they try to collect for previous years also, pending when he sought outside medical treatment
@whyhayzee
a NON-BASEBALL related injury. That literately means an injury incurred while not in the act or preparation to play baseball. A non-baseball related injury does NOT mean an injury that does or doesn’t effect his ability to play baseball. He has had leg/foot related injuries. If he injured himself off the field but it (the injury) or the surgery has a possible correlation to his rehab AND the Yanks were not involved in any way in the decision to have the surgery or to oversee the surgery, then YES, they have a legit gripe.
I’m not insisting Ellsbury is conning the Yanks but what if his doctor approved of a non-essential surgery whose rehab would set his ability to play in 2019, then YEAH, Yanks have a beef with it.
Why would they not have a say in any operation a player decides to have if it prevents him from rehabbing to get back on the field?
Because the Yankees didn’t bargain for what you are talking about. Ellsbury agreed to delegate his medical decision-making to the Yankees as a condition of his $100MM+ contract. Not baseball related medical decision making. medical decision making. The Yankees did not want to argue in court about what is baseball related and what is not. It’s a contract. There’s no magical clause in the sky that requires every element of it to be baseball related only.
@beisbolista
a) It’s written in the Basic Agreement (page 59) so it doesn’t have to be “negotiated” for.
b) read below
(b) Non-Work-Related
A Player is not required to provide a Club with reasonable
advance notice of a treatment for a disability, injury or condition
(including an elective procedure) that is not work-related (collectively referred to as a “Non-Work-Related Injury”) unless the
nature of the Non-Work-Related Injury may affect the Player’s
ability to provide services as required by the UPC, in which case
the Player must provide the Club with advance notice of any
treatment. In addition, a Player will be excused from any notice
requirement if the treatment is in response to a medical emergency, and there is insufficient time to contact the Club.
***Key part-
a) Yanks were tipped off that Ells was getting treatment by this clinic in Atlanta a fw months ago.and it’s believed he may have been receiving treatment as far back as 2017. He hasn’t played a mlb game since the end of 2017. That’s relevant.
b) Ells medical records are sealed and protected under the medical privacy act. Ells COULD just release them so the Yanks can see what the medical issue was and what the treatment was for. Til this day, they have no idea. S
c) Player doesn’t have to notify about non-work related issues unless….
“…the nature of the Non-Work-Related Injury may affect the Player’s
ability to provide services as required by the UPC, in which case
the Player must provide the Club with advance notice of any
treatment.
d) How are the Yanks suppose to know unless the player informs them? What if Elss and the doctor are hiding something? They COULD release the medical reports and squash this but they aren’t.
Boils down to a team is trying to strong arm and create precedent for getting access to something they would like to have, but, aren’t legally entitled to under the terms of the CBA provisions people have quoted.
Maybe this is a test case being teed up after some ownership collusion as a pretext to reopening this part of the CBA for bigger changes in the next version.
That’s why Beisbol has shut down his big mouth.
Well said for a deprived fan who is so confused that he has ATL and Mets in his name. Hey shut up and wake up.
Poor Yankees. They will end up paying Jacoby in the end. Classy move by Cashman and Steinbrenner’s sons though…
Todd, you are so sweet. Jacoby mentioned that to the trainers.
Yankees just signed cole and gave him 324 million dollars. Where is that cheap? You yankee haters amaze me sometimes.
Hatred is a helluva drug
they will need up paying it all.
Should be very interesting to see how this plays out for the future with teams and players who are busts after signing a big money deal.
Every team in baseball will be watching to see how this ends.
Eh, not as much as you think. Ellsbury went somewhere without team approval to get treatment. Not many players do that. This will be a more isolated case.
Supposedly for a non-baseball injury. Regardless, this is a technicality that my guess is could be used against many others. There’s been no indication that whatever he did cost him the ability to get on the field. Although us fans need more information, on the surface if the team prevails, it could make the next CBA negotiations as bad as 93 or 94.
The clause does not restrict outside medical treatment if it inhibits the players ability to get back on the field. It restricts outside medical treatment. Clear breach of contract.
@beisbolista
To be exact it perhibts you from NOT DISCLOSING that you’re seeking outside treatment. According to the article I posted snippets of, the Yanks found out via a tip a few months ago and still don’t have ANY details as to what his medical issue was or how it was treated. His medical files are protected under the law and my guess is the Yanks won’t know unless Ells volunteers it (which he hasn’t done) or the Yanks take it to court to have a judge disclose his treatment history with this outside doctor.
treatment for a non baseball malady, he didn’t need approval
What’s a non baseball malady?
He had more than a cold.
If your employer is paying north of $20 million you should be transparent about what is going on.
Unlike the Cespades situation?
Cespedes was different. He got hurt doing an activity that apparently violated his contract. I do think when the team heard of the Mets’ situation, it gave them the thought of investigating this incident.
But a breach of contract is a breach of contract. Not saying he did or didn’t, just that there is cause for investigation. The Yankees wouldn’t have started this if they didn’t feel they have case.
Well, there’s all kinds of possible outcomes, the worst of which is pretty much just paying Ellsbury anyway. They don’t need to be 100% correct, they just need to be correct enough to muddy it up and make it an uphill battle for Ellsbury.
Oh really. That’s what Charlie Finley thought. Instead he lost the amount he did pay Catfish Hunter AND Hunter was made a free agent.
Ellsbury can have his free agency. Yankees AND every team in baseball don’t want him.
Finally, Joe, a voice of reason. Many seem to forget this is about a legal claim. Of course his lawyers said he didn’t violate the contract, just like every defense attorney says his client is not guilty. You cannot selectively claim that this “loophole,” as some call it, is a less important breach of contract. It is a breach of contract nonetheless.
To clarify, I’m not saying the Yankees will win, because I have not read the contract nor was I there when it was negotiated, but Ellsbury will have a tough fight on his hands, right, wrong, or indifferent. Whether or not he was injured somewhere else will be for the arbitrator/judge to decide, because you better bet the Yankees very expensive attorneys will paint a very different picture of how his injuries and treatment prevented his return to baseball play. I will be interested to see the outcome, maybe.
It will be tricky…the insurance company will want to get in as an interested 3rd party here too, so god forbid the yankees even just looked at burying ellsbury on the DL for the insurance payments….
Can you explain why the Yankees conduct, relating to Ellsbury being on the IL, will be looked at and explain why it is relevant?
No JM-this isn’t the same as Catfish Hunter who wanted out of the shackles of standard player contracts dummy.
This is an 8 figure salary player who is AWOL and collecting his check.
I agree. It sets a dangerous precedent if ruled in Yankees favor
It sets a dangerous precedent only if rules in Ellsbury’s favor: that a team has to follow the contract but not the player. Go away salty Red Sox fan. Fourth place is not so bad
Uh, no, it doesn’t. You clearly don’t understand contracts. Ellsbury will win this guaranteed.
yup
why is he gauranteed to win?
MC Tim thanks for playing but I am literally a contracts attorney
I feel bad for your “clients”… John Marshall grad?
I love it that you are so salty about your fourth place team that you need to resort to personal insults. Seeing your death throes makes this all so worth it.
Why is clients in quotations? Implying that beisbolista doesn’t have any or that they are fake clients? Not for nothing, I’d trust a licensed professional over someone who appears to have his/her law degree from webjd if I were choosing a lawyer to rep me.
u must suck at your job ! contracts written by owners bear the burden of language and interpretation… no the player .. so unless you know the exact language and exact facts… then you won’t know ! then there is the old baseball tradition of holding a players on injured list to avoid playing him.. because he sucks and takes a roster spot .. that may make owners nervous if the owners held him from playing !! done put anything past sksnkees as they are not exactly innocent … arod examples!
@dynasty in boston
No it won’t.. Future players on the IL just have to get their surgeries approved. If anything, it will make players more accountable to the team in reference to their health choices.
@south beach –
Technically what’s being argued is a policy as a whole, not limited to an elective surgery or anything else.
Right now it’s up to players to know what they put in their bodies and ensure ped compliance, etc. Under the “my team must know, review, and agree to ANY treatment ahead of time” reading, then if you get a cold you can’t take any medocine, even if cleared to be free of peds, without waiting days to hear back.
Heck , that reading even implies no ibuprofen for a headache, just sit and suffer
So now over-the-counter ibuprofen (a NSAID) is considered “outside medical treatment”?? I don’t think an issue this small is something any team would gripe over. Nor is it remotely comparable to the present one.
I think that even if the Yankees prevail or the two sides reach a settlement for a lesser amount that MLB will still count the original contract amount against the luxury tax. This way teams don’t use this tactic as a weapon to subvert the luxury tax.
The arbitrator’s ruling will obviously have a significant financial impact on Ellsbury,
I tried, but I have a hard time feeling bad for a guy who’s already pocketed 127 million of that contract already.
Just pay the dude next year and get over it.
I’m guessing insurance will probably be on the hook for the money, but it’s the luxury tax implications.
Yeah, but even if it makes them go over the luxury tax, it was the yankees stupid mistake for signing him to that much money, and now they have to pay out. If I was literally any other owner or gm in the American league, i’d be fighting for Ellsbury too, cause it would mean that Ellsbury’s money couldn’t be used towards another good piece for the yanks.
exactly
Yankees forgot to put Ellsbury on an insurance policy. That’s why they don’t want to pay him.
He was on the policy, but there was a limit. NYY collected the Ins. MAX .
Your troll game is getting extremely weak.
@Rangers29
Of course….not your money. At the lux tax rate that $26 mil is more like $39 mil for a guy who won’t contribute and didn’t stick to the script when it came to his health/rehab.
Knew this was coming.
well, yeah, anytime a team tries to not pay a player, this will happen
How could he have incurred a baseball injury when’s been in the whirlpool for the last 6 years?
He spilt his caviar and it caused irreparable emotional damage.
The Yankee’s are good at finding loop holes
but then they loop back and hit the back of the head.
I get the feeling this will drag on forever and eventually a settlement will be agreed upon. Once again the biggest winners are the lawyers in these types of disputes.
The Yankee’s are good at finding loop holes.
“The Yankee’s are good at finding loop holes”
.And stealing signs from center field
That moment when workers’ compensation and professional sports meet. I have been told the NY workers’ compensation is pretty favorable to the injured worker and that would play a role in this. I could easily see the Yankee’s losing this.
This is not a workers compensation case. I’m sure Ellsbury hasn’t fined a WV claim. It is a contract case.
WC not WV
water closet?
workers compensation
White chicks
Actually, that has been historically true… but, the tide has shifted over the past two decades from the notoriety of NY’s Work Comp system and that of the system’s actual results. Nevertheless, this is something entirely different because it’s outside the normal scope of the Work Comp system. This deals with billion dollar organizations and high leverage sports players, not someone falling off a ladder. That said, the deck is stacked against the Yankees.
Gonna be nice to see yankees pay heavy fines for going way over with cole signing coupled with this 27 million they will have to pay. Luxury tax is gonna be huge.
Yankees acquired the player the Dodgers needed. What is LA doing to improve? Acquiring another 3B you do not need isn’t going to get the job done. Heavy fines for a World Series is the price to pay. Clearly New York is willing to do it.
nothing is guaranteed, though.
Nothing is ever guaranteed. Yankees needed a horse and got the horse. LA needs pitching and overpaid for the ex-A’s closer. Advantage Yanks.
lol! Right? Dodgers are more focused hoarding prospects and staying below the luxury tax. I guess they think they keep doing this, that somebody will give them their parade.
Clearly paying the highest contract and fines have worked out for NYY. NYY seems to get then break the biggest free agents; Youkulis,Pavano,Sabathia,Jacoby,Stanton,Cole next???
Sabathia helped them win the 2009 World Series. Sabathia was considered a #1. Cole is considered a #1. The ALCS loser decided to take the one ace off the team they lost to. This could work out just fine.
Youklis?! you put Youklis on this list but didn’t put Johnson or Kevin Brown?
I tried to keep it in the 2000s
I’m still confused why all of these people posting are acting like if the Yankees pay Ellsbury, it will somehow hurt the team. It will aggravate the ownership, but it won’t cause any effect on the field of play. I don’t recall this type of desperation since, well the late ‘90s……. hmm.
@Bleedsblue81
How did the Yanks “break” Sabathia? If anything, the Yanks may have overpaid Sabathia when he opted out. But both sides continued to resign with each other because they each appreciated the relationship.
Don’t even know why brought up Youk. He was hot garbage in 28 games and retired at the end of the season.
Maybe he meant/was thinking Damon?
Huge! It comes out to about $11 million dollars. That’s about 4% of the Yankee’s payroll, 2% of revenue and just 1/5 of 1% of the teams total valuation. It’s a drop in the bucket.
It must me nice collecting Millions sitting on your butt doing nothing lol
Well, see? If you had been a better baseball player, perhaps that could have been YOUR life!
@alwaysreal
That’s the life of a ‘social media influencer’….. whatever that means
Yikes,the dude even gets hurt not playing baseball, sitting at home (treatment for non baseball injury).
Breaking news: Yankess fans file a grievance against Jacoby Ellsbury for his tenure in New York
only to lose big!
Keep crying
As a Red Sox fan in Toronto, I’m enjoying this. The yankees signed him to snatch him away from Boston and it’s worked out terribly for them all. The Sox have JBJ in centre making amazing plays. Jacoby who?
isn’t this where someone asks why he wasn’t traded for like 4 top 10 prospects and a starter?
It’s kind of a shame that teams can’t release players so that their contracts wouldn’t count towards the luxury tax limit as that’s why players like Albert Pujols, Chris Davis, Miguel Cabrera, Ian Desmond, and Yoenis Céspedes have MLB roster spots and why Rusney Castillo and fringey players do not. It would certainly help “fringey players” get chances to play and teams that made massive overpays in free agency get a chance to be more competitive.
I disagree 100% for many reasons. The first reason that comes to mind is that absolving teams of luxury tax responsibility for released players would immediately favor big market teams that could better afford that hit than a team like KC for instance and then turn around and make another big commitment to the next coveted player in line.
Plus, within minutes of that happening, teams (and especially already big spenders) would start handing out massive contracts, knowing full good and well that they would not have to honor them. It would be yet another advantage for big market over small market teams.
They would have to honor the contract but it would not count against the cap.
@HubcapDiamondStarHalo
The team would still have to pay the player so it’s not exactly relevant. It’s about not having to pay .50 on the dollar for a guy who won’t contribute to the team.
Tom Coughlin is suddenly available if Cashman and the Steinbrenners need a character witness.
lol
i can still vividly remember delusional Yankee fans suggesting that Ellsbury and Chance Adams should headline a deal for Lindor.
Delusional fans, a team that hasn’t gone to the WS in a decade now, and soon to be the Jacksonville Jaguars of baseball for violating the CBA.
You sound like a whining old lady
Kpaul130, it is not surprising to see Yankees being bashed, yet again, on a Yankees thread. I’m a bit surprised, I must admit, how many hostile Angel fans there are. There are a few very specific ones that seem to continuously work hard to be particularly annoying, and I won’t debase myself by citing them, so as to avoid the impending insults. But, it is always the same few excuses or insults and they believe it’s humorous. The latter notwithstanding, very few seem to want to have a discussion, and instead write in the rhetorical.
@The Ghost of Bobby Bonilla
Fam…you may have heard “ONE” Yankee fan vomit up that nonsense but pleassssse don’t act like it was multiple people who said that. Ever fanbase has a % of crazy people. They aren’t a reflection of the majority. They’re the stupid 1% that get the attention on sites like this tho.
Funny how they were OK with A=rod getting outside medical help all those years. Hmm….
Doctor prescribed steroids for A-Rod, Cano, Giambi, Clemens, etc.
To be candid, there were many players across baseball and in every organization that permitted this, HaloHeavensJJ, but it is a valid point regardless, with one major difference: Ellsbury is taking to room and money, whereas A-Rod was a contribution to offense, for the most part. And that’s not a justification, just the reality of what happened.
@HalosHeavenJJ
You really think Arod told the Yanks he was taking steroids? ReallllllllY
I wonder to what extent they may try to claim selective enforcement and that this exercise is arbitrary.
Any examples of players doing essentially what ellsbury did while he was under contract in the Bronx does arguably entitle him to claim that the behavior was ratified as acceptable by the organization, and custom and practice within internal rules as well.
You usually see these arguments in sale of goods contract disputes where a contract is not fully integrated and such evidence is needed to determine the terms. Here, unlikely because such arguments would be limited to how the Yankees could have ratified Ellsbury’s behavior. Extrinsic evidence of other players’ contracts is likely not relevant. Further, this contract likely was fully integrated and such evidence would likely be barred as parol.
If I was Els atty I would argue that the NYY breached the contract in bad faith, by not paying him as required to terminate the contract.. The bad faith is further established by the fact that while there was insurance and they were under the tax in 2019 they had no problem with the treatment. Therefore Els is entitled to 42.285 MM as the NYY forfeited their right to not exercised the option when they failed to pay the 26.142 MM required to terminate the contract. This case is similar to the Catfish Hunter case when Charlie Finley failed to fund the deferred $$$ in a timely manner. Catfish was able to keep the amounts paid and declared a free agent which allowed him to get a big raise from the NYY.
It should be a double hit to the luxury tax line if you try cheap stuff like this so you can sign a pitcher.
It’s simply a matter of contract law. The Team says the player is in breach of contract and the player denies it. The Arbitrator (presumably an attorney of some sort) will decide if there’s a breach and, if so, the appropriate remedy. Almost no chance of setting a precedent except for players who are accused of doing the same thing as Ellsbury.
Big babies. Pay the man. Probably need the money to contribute to rump. Illegally. Steinbrenner? Crook.
Do you charge him rent for living in your head 24/7? I certainly hope so…
BNKD has taken over the spacecraft.
Don’t know why he’s complaining. He got paid thousands of dollars for sitting on the coach playing playstation.
@Royalfan12 Is that what he was doing? I feel sorry for his coach.
Poor guy can’t even afford a couch.
Just now realized the mistype. LMAO.
@royalsfan12
“He got paid thousands of dollars…”…
Ummmm…tens of millions is more like it.
They re-signed Gardner for 12.5 mil a year…. LOL, a 36 year old 4th outfielder who fell asleep in the playoffs for 12.5 mil.
@Melchez
Gardner hasn’t been signed yet and he had near a 4 WAR season. Sit down clown. You’re also the guy screaming the Yanks weren’t going to make an honest attempt to sign a top FA pitcher.
Not a Yankee fan but He already cheated them out of millions
Nice try Yankees, but you are going to lose this one.
Should be ruled on in promptly five years.
K. Bryant.
It’s a lot easier for the Yankees to argue that medical treatment was outside of the contract than it is for Ellsbury to explain that actually it wasn’t like that because blah blah blah…there comes a point where being factually correct is less important than making a compelling argument. It seems like this should be an open and shut case in Ellsbury’s favor but I wouldn’t be surprised if there’s some wrinkle that complicates it and ends up in the Yankees favor.
It’s an oxymoron to have a “compelling argument” without having sufficient facts to support it. Otherwise it’s an unsupported statement – not compelling at all.
Jacoby Ellsbury, the poster boy for non-guaranteed NFL contacts.
Unfortunately for the Yankees, Ellsbury was a Major League Baseball player.
If only they knew…
The upside is the Yanks only paid Ellsbury 25 per cent of his contract, and with the money in MLB being guaranteed they don’t have to deal with players doging it and wanting to be traded.
Ellesbury is a hack, he didn’t play , why should he collect a paycheck
This is such a slippery slope to go down. How is it any dm different than guys taking steroids? Will teams be able to void contracts if guys miss time because they’re busted for “outside medical treatment”? What would stop teams from “spiking” guys like Chris Davis or Albert Pujols to open up some much needed space?
The only way this should be ruled in favor of the Yankees is if he was doing something truly reckless. If he was just getting treatment to try and get better and return, why be such cheapskates about it? You’re the god damn Yankees. If it’s really that much of a burden, just stop giving out and taking on albatross contracts.
This appears to be a breach of contract matter. Unlikely that culpability will even be considered.
Yanks got over 30 million in insurance money the last 2 years for Ellsbury, and now they are making interest off his remaining money owed to him. This is all business, the Ellsbury money will pay for the Cole contract next year, and maybe the cap money too with the way the market has been the last few years.
make the Yanks pay every penny of that money!
Lot of hating on the Yankees here….and a lot of folks not knowing exactly what the contract language was, or precisely what Ellsbury did. Maybe we should wait to find out facts? I’m a pro-union guy and I think the Yankees should be held to a strict standard. That being said, if, for example, the perennially injured Elsbury hurt himself in some other sport and then went to a faith healer who used leeches and magic herbs. maybe I’d be a little pissed at him as well.
If Ellsbury had any dignity, self-respect or honor, given all he’s been paid while not playing (with no prediction when or if he’ll ever play again) he’d voluntarily walk away from his remaining salary.
Just like you would do.
The counterargument is the same forwhomjoshbelltolls; would you pay someone working for you, who had not worked for years, while collecting a significant paycheck and, according to the Yankees, violated his contract. If you say yes, you’re being disingenuous to prove your point. We will ultimately see, but why is it not fair both ways? If he violated his terms, he alleges it was to get better, but he may have known he was done and didn’t want to play as bad as he would’ve; in that case, the Yankees should not have to pay him. If, conversely, the Yankees need to pay him, they should. But in contract law, you typically don’t get to claim a good faith breach.
Except you’re now stepping in the same trap. Would you say you’d walk away from millions of dollars under the exact same situation? It’s not exactly fair to call someone disingenuous about a hypothetical situation when no one knows how they’d really act. I can’t help but be reminded of all those people who see a hostage situation on television and say “if I was there I would have done something.”
Seems like we are all misinformed and making decisions before we have all the facts. If he followed his contract – he should be paid (even though he hasn’t played in a major league game for 3 years) – if he violated his contract, well, then he is out.
Both sides have a claim, the truth will come out.
Not exactly –Luc. The Yankees have the burden to prove that Els did something that is a “Material Breach” ie. that it prevented him from playing. Els went to every MD the team requested and those team MDs never said he could play .
Jmi1950 – although I agree with you if that’s true about the doctors, we won’t know until everything comes out in court (about every MD). If the Yankees are able to prove his breach and that his breach adversely affected his recovery, thus his inability to play, they are on firm footing. Anyone involved frequently with court cases knows nothing is open and shut until the case is decided.
I really want to know if all the same Angels’ fans on here who said Cole would never go to the Yankees because of this case, or that posited Cole will never shave, will finally admit they’re wrong if Ellsbury loses. Seems like they were just as sure Cole was going somewhere else for a multitude of subjective opinions.
I’d be flabbergasted if the contract itself didnt specifically say that: all of the prohibited activities contained herein shall be deemed “material defaults”.
No true definition of “material” so I doubt that is the case.
Logically, I do not imagine a MLB team would try this without a real case. This isn’t a “try something and see if it sticks” type of situation. The only reasonable reason I heard in this thread was getting the cost of salary deferred until 2021 – which in my opinion is a dirty trick. I don’t think that is a truth, but like everyone – I have. I idea until facts come out.
@jmi1950
You’re missing the point. Yanks are arguing that at some point in his time on the IL he had a surgery they were either not aware of, were against him having it or against him having without the oversight or guidance of a team approved doctor.
The news reports allege treatment from an Atlanta clinic that uses non surgical treatments.
Somewhat true. The Yankees claim the material breach is that Ellsbury did not seek consent from the team before receiving treatment, which, if true, appears is a breach of the standard player contract. Ellsbury would be left to prove that the treatment was related to a non-baseball injury, as he is the one raising that issue/claim. It may be true that Ellsbury went to every doctor the Yankees requested, however, this does not also prove that he did not seek other medical treatment in breach of his contract with the Yankees.
Ellsbury contends any treatment he received without authorization was for a non-baseball-related injury or condition, which does not require the club’s consent.
This is an open and shut case. The man gets paid. Just a desperate attempt by a sad organization of crooks.
Yankees contend it did – still open and shut case? Pretty sure that is not how the law works. We said/they said and oh, it must they said without checking. Hmmmm
@whyhayzee
You’re still missing the point. The mlb rules state the player has to make the team aware of any non-baseball related injury. He never informed them. That’s the point.
This is an indication of the problem we have in this world. People are so quick to judge without knowing all the facts.
Why should ANY team trust a player to inform them if they incur an injury that could effect the status of a contract? What if we find out Ells broke his ankle doing something at home but he never tells the team about it, the player gets treatment from his own doctor, the medical report isn’t disclosed and he tells the Yanks he hurt his ankle while preparing for ST and the injury keeps him out for months? There’s a reason it’s written into the CBA. Trust but verify.
A contention has the opportunity to be disproven. Not open and shut.
He should be able to provide nothing to his employer and still be paid $25m per year.
So, if you are accused of stealing at work, you should simply say I didn’t do it and everything goes back to normal? If he deserves to be paid he should, but come on – a corporation would not accuse an employee of stealing without evidence. Brand and reputation are important.
Exactly, and apparently, because the corporation has more money than an employee, the corporation should just pay as a matter of morality and decency.
We’re never going to get the full story here now that the case is going to arbitration. The likely result is that both sides agree to a settlement, sign NDAs, and the Yankees gain some salary relief and luxury tax space. Don’t expect Boras to comment anything of substance as he does business with the Yankees (G. Cole).
This is the type of outcome I foresee as well.
I can open up a new discussion on this matter. I read on numerous websites that Ellsbury actually hurt himself the last time playing basketball at his local park with some of his homies. Instead of getting proper treatment from a board certified doctor, he went to some Native American spiritual healer. He put off going to the doctor even though the Yankees were going to pay for his treatment for two herniated discs in his back. Since Ellsbury delayed said medical exams and treatment it resulted in serious nerve damage in his back which effected his legs/ running abilities. Once I read this it all started making sense and yes, the Yankees can and will stretch this out for a long time since he’s not the first nor will he be the last to do something stupid, get hurt and then deny proper medical treatment. I’m thinking it’s going to set a precedent in sports.
I can close the basketball theory. The Yankees have specifically stated he saw outside MDs for his baseball injuries.
The person who can close the theory at this point is the arbitrator. Even assuming you are the arbitrator, this seems like a breach of confidentiality.
Ok, for all of you who are screaming Ellsbury cheated the yankees out of millions because of lousy production I’d like to remind you Aaron Judge earned 1.8 million over the last 3 years, Mike Trout about 2 million in his first 3 years, Clayton Kershaw 1.3 million in his first 3 years, Cody Bellinger less than 1.2 million for the last 2 seasons…
It cuts both ways. If you’re going to whine about an expensive player not producing then it’s hypocritical to be happy about the cheap production coming from a young star.
You have the system pegged. As long as the first team gives the player the extension like Pedroia or Trout any bad yrs $$$ have already been earned by winning ROY or MVP while making the minimum.
However, when you get a Puljos or Ellsbury the first team gets a super bargain that the second team pays for. That’s why you won’t hear any Red Sox fans complaining about Pedrioa’s contact — he’s earned every penny already even if he is done.
This is a very good straw man argument. The problem is, a straw man argument is a logical fallacy.
I think what people are failing to see is that in a contract their are a lot of stipulations and certain loopholes as well and in this case Yes the Yankees signed Ellsbury but their were stipulations to that contract and one is if he was injured outside of the elements of baseball he is to inform his team with whom he has a contract with. The fact that the Yankees are even remotely going after it to be reviewed and looking to recoup is probably because they have evidence that he did indeed reinjured himself outside of the elements of playing baseball and never disclosed it and that impeded him from resuming baseball activities which is the key if it prolonged him from getting on the field sooner because of that injury then they have a right..
We are going to see a lot of teams try and recoup money from ballplayers that are not following the stipulations on their contract the situation with cespedes he knew he messed up and they came to an agreement I won’t be surprised that eventually of the $26 million i can see them coming to an agreement of $12 million-$16 million the Yankees feel they have something on Ellsbury to show cause .
If he injured himself outside of baseball activities that is different. It sounds like in this case Ellsbury went to a doctor outside of the team doctor or something and the Yankees see a way to maybe void the contract as it says something in legal jargon about not going to a doctor without team permission. Now I agree if the player like Cespedas gets injured horse back riding or something then they have a case, but if its just legal “loophole” to recoup a bit of the Cole signing thats a different story.
For example I am sure a lot of players with injuries go to outside doctors. I know Donaldson did with the Jays and that cause a lot of friction (although he asked permission I think so its different). This case will definitely set a precedent if Yankees win and I am sure we will see some more of these court battles as rich teams try to get under the cap.
Anyone know what the “tax” goes to? Is it just a general fund given to MLB?
As far as I know, it’s supposed to be used for revenue sharing. It likely gets paid to the MLB in trust and then is dispersed according to the revenue sharing terms.
Can I get a show of hands of all the legal professionals throwing their hats in this discussion? There is a lot of legal jargon and legalese discussed, I want to know who is most likely to make sound legal points.
Problem with that is it still won’t help for the purposes you like.
Most important (missing) piece of the puzzle is choice of venue/conflict of laws issues.
It’s reasonably certain that the contract was considered signed in NY. BUT, the contract may (and likely does) elect the laws of a different jurisdiction to be applied in the case of disputes. Reason I think that is you don’t want standard CBA provisions in a contract potentially being construed differently by the laws of every different state that has a mlb team.
Then there may be a provision somewhere in the CBA designating somewhere else to be used anyways.
So, regardless of where a case is heard, th judge/arbiter may need to apply laws or a different jurisdiction they aren’t as familiar with, which adds even more uncertainty.
That’s a long way of saying that unless we know the specific venue whose laws are being applied, you can’t give extra weight to a “legal professional”. It needs to be someone familiar with that specific jurisdiction to carry weight.
3L?
Gonna dance with the Devil, there’s always a chance you get burned. Bummer Dude
I heard the salary cap /luxury tax might actually be lowered. Bummer Yanks!! Lol
Ellsbury has Bronxchitis and has milked the Yankees’s for all they worth but contract will not be voided but should!