Forget Anger Management: Why the New York Mets Must Try to Void K-Rod's Contract
Once the news broke that NY Mets troubled closer, Francisco Rodriguez, had sustained a season-ending injury during his brawl at Citi Field, speculation began that the Mets were investigating whether the team could void his contract. But the player's union always challenges these decisions and always wins, right? Maybe, maybe not under these circumstances.
As a lawyer, part of my job is to advise clients when the time is right to press their rights under a contract. Unsolicited memo to the Mets: its really time.
A review of sample language in a MLB player contract reveals the following clause in the "Termination" section (paragraph 7(b)):
7.(b) The Club may terminate this contract upon written notice to the
Player (but only after requesting and obtaining waivers of this contract
from all other Major League Clubs) if the Player shall at any time:
(1) fail, refuse or neglect to conform his personal conduct to the
standards of good citizenship and good sportsmanship or to keep
himself in first-class physical condition or to obey the Club's training
rules; or
(2) fail, in the opinion of the Club's management, to exhibit sufficient
skill or competitive ability to qualify or continue as a member
of the Club's team; or
(3) fail, refuse or neglect to render his services hereunder or in
any other manner materially breach this contract.
Just try and simplify this complicated case for a moment. During the course of the alleged commission of a crime, K-Rod sustained an injury that rendered him unable to do his job. Imagine if you did this at your place of business? Do you think anyone would care about your "feelings" or give you some crazy benefit of the doubt? No way, you would be toast faster then you can say "exit interview."
Its true that the teams haven't done a good job taking on the players' union. But just like the National League in the All Star Game, it is time to break a streak. The Mets must try, at least for the sake of their organization and fans, to show that K-Rod breached his contract when he intentionally inflicted harm on in himself in a non-baseball way. These actions constitute an undeniable breach of an employment agreement. There simply is no other way to describe it.
Two more quick notes: first, quietly the Texas Rangers voided the contract of shortstop Khalil Greene, when he didn't report to training camp due to his anxiety issues. While the facts are different, the Players' Union did not challenge this decision (so a contract can be voided). Second, if the Mets are worried about K-Rod being upset if they try unsuccessfully to void his contact, then what the heck are the anger management classes for anyway?
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.
As an attorney my question is whether a finder of fact would find that Rodriguez "intentionally inflicted harm on himself"? If it is deemed that he did and I were Omar Minaya and the Wilpons I'd put him on waivers.
Well, I think if there was that type of finding from a criminal court from a conviction on an Assault charge that could fit into Para 7 to allow for the contract to be terminated.