Ben Simmons

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NYG
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Ben Simmons 

Post#1 » by NYG » Wed Sep 22, 2021 4:29 am

I know under the CBA if Simmons doesn't play all season then he doesn't get paid and his contract resets in terms of years, but let's say the 76ers refuse to trade Simmons until he plays and he never plays... Does CBA overrule everything or could/would the league step in at a certain point? If so, what could/would they even do?
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Re: Ben Simmons 

Post#2 » by Tomjas » Wed Sep 22, 2021 2:24 pm

NYG wrote:I know under the CBA if Simmons doesn't play all season then he doesn't get paid and his contract resets in terms of years, but let's say the 76ers refuse to trade Simmons until he plays and he never plays... Does CBA overrule everything or could/would the league step in at a certain point? If so, what could/would they even do?


League will intervene as Simmons is clickbait

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Re: Ben Simmons 

Post#3 » by DBoys » Wed Sep 22, 2021 2:53 pm

Simmons signed a contract and is obligated to honor its terms, in exchange for money. That contract says he will play for Philly for this season and 3 more to come. Until he fulfills that contract, he can't legally sign with another team anywhere.

And if he does not, he does not get paid.

So legally and league-wise, the Sixers have the upper hand here. If Simmons never plays for them again, and they choose to take a hard line, his career is over, and he will have to pay back any money paid him for this coming season. And the league won't (and can't, legally) intervene in some other way, because it's a contractual matter between player and team.

But it won't come to that. It never does. To the Sixers, he is an "asset" and Philly will be better off to get some value out of that asset, rather than forcing him to end his career and getting none.

So it's just a matter of who blinks first. Probably the Sixers. But they do have some interesting legal avenues they could choose to take, that would make things really financially uncomfortable for Simmons, if they wanted to, since he technically is already in breach of his contract.
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Re: Ben Simmons 

Post#4 » by Twinkie defense » Tue Oct 5, 2021 11:35 pm

I'm surprised that Sixers are able to put Ben Simmons' salary in escrow for games he *might* miss. Is there something the NBAPA agreed to that would allow this? I understand how Ben Simmons can be docked pay for games he misses, I just don't understand how they get to unilaterally withhold all of his pay in advance.
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Re: Ben Simmons 

Post#5 » by DBoys » Wed Oct 6, 2021 3:59 am

For starters, BS was first paid for 25% of the season, while having played 0% of it. Then he refused to come to work, and said he will never come to work. The recent part he wasn't paid would have been for him to get even more, despite refusing to perform in line with the 25% he already got. Legally, because of his failure to perform, the Sixers didn't have to keep paying more, and if the Sixers want to play hard ball, he might end up being forced to return the 25% too. Philly has a lot of choices that Simmons won't like, if they choose to.

In the bigger picture, this is a contract. When Simmons didn't show up, that's a breach of contract. But before that, when he said he intended to not show up, that statement of "intent to breach" can be considered a breach too, and the other party can take that at face value and respond to protect themselves and their own interests being put at risk. And at that point Philly has no obligation to risk anything further by continuing to meet the contract while Simmons is not. Once he is in breach, it's all on him after that. IMO his actions indicate he's not getting very good advice.

BS does have some protection in a way, even with a breach of contract, since the contract and the team are all limited by the NBA's CBA. But the CBA has limits, and only helps him if he eventually shows up and goes to work. If he doesn't, it could cost him a lot, without him getting what he wants.
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Re: Ben Simmons 

Post#6 » by zimpy27 » Thu Oct 7, 2021 11:49 pm

Twinkie defense wrote:I'm surprised that Sixers are able to put Ben Simmons' salary in escrow for games he *might* miss. Is there something the NBAPA agreed to that would allow this? I understand how Ben Simmons can be docked pay for games he misses, I just don't understand how they get to unilaterally withhold all of his pay in advance.


This makes me think there is an agreement between Simmons and the sixers. It's probably better for Simmons not to receive the money for tax reasons.
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Re: Ben Simmons 

Post#7 » by DBoys » Wed Oct 13, 2021 2:47 am

As you can see, the Sixers simply went about their business, told BS to honor his contract or he would lose money, and he chose to show up and play. BS signed a contract, and all the financial risk was his. Money matters.

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