Over the weekend, it was reported that the New York Yankees were going to cut Jacoby Ellsbury and give him the $26 million required to terminate his services with the team. But, less than a day after it was reported Ellsbury was being cut, the Yankees announced they were filing a grievance, arguing they don’t owe Ellsbury anything.
What’s The Grievance About?
The Yankees are claiming that Ellsbury received “unauthorized treatment†from a nonteam affiliated doctor, which terminated his contract with the team. As I have previously stated, this guy was very injury prone in Boston, so having that kind of wording in the contract can help a team navigate injuries for even guys like Brett Gardner or Aaron Judge. So, even if it’s the fine print that not everyone can or does read all that carefully if you violate that provision of your contract (receiving unauthorized outside medical care) why should the Yankees owe Ellsbury anything?
Not So Fast
According to a report by Ken Rosenthal in The Atlantic, the doctor Ellsbury was seeing, Viktor Bouquette, claims the Yankees DID authorize the treatment.
According to the report by Rosenthal, Bouquette received a letter from the Yankees asking if Ellsbury was being treated with banned substances. Bouquette inferred that this was the Yankees approving the treatment plan he and Ellsbury had started reportedly back in 2017. So if it is proven that the Yankees approved the treatment, Ellsbury could then sue for wrongful termination by the Yankees, if the Yankees argument is Ellsbury violates not only his contract but MLB’s collective bargaining agreement.
Here’s Where it Gets Dicey
If Bouquette only inferred that they Yankees offered consent, but they never definitely did give enthusiastic affirmative consent for Ellsbury to continue his treatment, the Yankees look like money-grubbing jerks but are right.
Contracts are absolute. If you can’t definitively prove someone did NOT violate their contract, you’re going to get burned. Even if the Yankees only passively consented to Ellsbury’s treatments by Bouquette, they can still pull up documentation showing (if they’re smart, and they are) that there was zero authorization by the team for Ellsbury to receive this treatment. Which would mean Ellsbury wouldn’t get a cent of the $26 million buyouts from the team. But if Bouquette and Ellsbury can show that the Yankees did consent, and then never fully rescinded their consent for Ellsbury to receive this treatment, I’d argue that Ellsbury could and should sue for wrongful termination.
This would just be easier if they just paid him and everyone is on their merry way. But more often than not, people don’t do the easy thing, no matter how right morally it ends up being.