Jason Giambi may have given the Yankees an opening to attempt to void his contract by reportedly admitting he took illegal steroids, according to an attorney familiar with the language in baseball's guaranteed contracts.
Jason Giambi has four years left on his contract.
All guaranteed contracts, the attorney told ESPN.com, contain clauses which could be applied to a case such as Giambi's -- specifically these two:
The player must agree to keep himself in first-class physical condition and adhere to all training rules set by the club.
The use or misuse of illegal or prescription drugs can be interpreted to mean the player is not keeping himself in first-class physical condition.
If the Yankees can prove that Giambi materially misrepresented himself by failing to admit that his ability to perform at this level was enhanced by the use of illegal drugs, they can attempt to convert the remainder of the contract to a non-guaranteed deal by claiming Giambi was in breach of contract.
Giambi has approximately $80 million still owed him on the seven-year, $120-million deal he signed in December, 2001 -- $11 million in 2005, $18 million in $2006, $21 million in both 2007 and 2008, a $5-million buyout of a $22-million option in 2009 and a prorated portion of his $17-million signing bonus.
In order to void the contract, the Yankees would have to link Giambi's health problems this season to his steroid use, the attorney said. Or they would have to prove he misrepresented himself and his abilities by failing to disclose his steroid use in advance.
The union has always argued that, in a case like this, the basic agreement supercedes any specific language in individual player contracts. And the basic agreement would protect Giambi's guaranteed money in virtually all cases.
However, the union did not fight the Yankees when they negotiated a buyout of Aaron Boone's contract last winter, after Boone blew out his knee playing basketball -- an activity specifically prohibited by his contract.
The Yankees, according to sources, also looked into the possibility of attempting to void Kevin Brown's contract after Brown broke his hand in September by punching a wall in the clubhouse -- but chose not to act.
This, however, would be a much more high-profile and much more volatile case.
"This is a huge, huge, huge issue," the attorney said, "on all fronts. First and foremost, it would mean that any player who negotiated a megadeal and then was proved to have used steroids would be putting himself at risk of voiding his contract."
<http://sports.espn.go.com/mlb/columns/story?columnist=stark_jayson&id=1936931>
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this would be great if it could happen
Do you think that could happen? I hope so, that will clear a lot money to do a lot of good things for the team.
I am terribly disappointed in Jason. If his has any honor, he will either retire or agree to a buyout. I hope legal action wouldn't be necessary. :(
so where is GiambiDaBomb today? He seems awfully quiet since his favorite player is a CHEATER.
[[QUOTE]so where is GiambiDaBomb today? He seems awfully quiet since his favorite player is a CHEATER.
thats messed up :lol:
i didnt mean for it to be messed up i was just wondering lol............Anyway i REALLY REALLY REALLY REALLY hope we can find a way to void this cheater's contract!
True that..That guy is as good as gone..I don't see him plaing for the yankees again no matter what.......
:wwf: :ny: :nyy: