Ben Simmons Trade Thread part V

[sixers hoops]

Good luck with that strategy

As it stands, he’s missed a couple of days

Na

He’s not getting paid they will take it to court if they have and win easily.

Read the cba

Simmons is due 8.25 million tomorrow

Sixers can fine him a small amount (less than 100k) for missing a few days but that’s it

If they don’t pay up, they’re in breach and Klutch might attempt to rip up the contract

I think the Sixers will just pay him. If he ultimately misses enough games, they’ll recoup the money anyway.

[Sixerscan]

Na

He’s not getting paid they will take it to court if they have and win easily.

Read the cba

Simmons is due 8.25 million tomorrow

Sixers can fine him a small amount (less than 100k) for missing a few days but that’s it

If they don’t pay up, they’re in breach and Klutch might attempt to rip up the contract

I think the Sixers will just pay him. If he ultimately misses enough games, they’ll recoup the money anyway.

Probably, ultimately this $8 million is a drop in the bucket for them and they're probably happy at this point he's staying home anyway.

I don't think you can rule it out though. Might try to just get his new team to pay it.

[Tomjas]

Na

He’s not getting paid they will take it to court if they have and win easily.

Read the cba

Simmons is due 8.25 million tomorrow

Sixers can fine him a small amount (less than 100k) for missing a few days but that’s it

If they don’t pay up, they’re in breach and Klutch might attempt to rip up the contract

I think the Sixers will just pay him. If he ultimately misses enough games, they’ll recoup the money anyway.

Nope

Fines go to charity and his full salary still counts against the cap

[Tomjas]

We'll see about that.

Nothing to see

He’s already been paid $8.25 million and is due another $8.25 million tomorrow

Sixers might fine him a few bucks for missing media day and a training session but that’s all the leverage that they have

I can’t tell if you’re joking or really don’t understand it, but Ben would ultimately lose all of his salary if he didn’t report all season. NBA contracts are broken up for a fraction of salary to represent different benchmarks of the season. The players earn, and can lose, a designated amount as allotted for training camp, each preseason game, and each season game. Failure to fulfill contractual duties would just result in a legal obligation to return the money to the Sixers.

Ultimately, Ben receiving a lump sum payment is only significant if your hope was that he was dead broke and we were going to bleed him out of his stance in a state of poverty. As with players in NFL who have retired without fulfilling their contract, such as Calvin Johnson, having to return a prorated portion of their signing bonus. Ostensibly, Ben receiving the lump sum doesn’t mean he will receive more or less pay for games not played. It just means he got his paycheck earlier, and if he loses enough salary throughout this process, he will have to return some of the money.

However, your assertion that he gained leverage by receiving his money early would ignore how players earn their salaries via the collective bargaining agreement.

I am talking about the situation as of today

[RedSalsa]

They’ll find a way not to pay him bet on it. All the owners are going to stick together on this he has four years on his contract yet. He ain’t getting chit.

[sixers hoops]

Read the cba

Simmons is due 8.25 million tomorrow

Sixers can fine him a small amount (less than 100k) for missing a few days but that’s it

If they don’t pay up, they’re in breach and Klutch might attempt to rip up the contract

I think the Sixers will just pay him. If he ultimately misses enough games, they’ll recoup the money anyway.

Nope

Fines go to charity and his full salary still counts against the cap

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

[Sportfan73]

I think the Sixers will just pay him. If he ultimately misses enough games, they’ll recoup the money anyway.

Nope

Fines go to charity and his full salary still counts against the cap

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

This is where the disconnect is. All these threats that Klutch is making is just to try to get us to move him fast

[Tomjas]

I think the Sixers will just pay him. If he ultimately misses enough games, they’ll recoup the money anyway.

Nope

Fines go to charity and his full salary still counts against the cap

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

That’s not how the system works at present

Under the cba (which Morey referred to), Sixers can fine him $x for each missed event

That money is deducted from his salary and paid 50/50 to the nba and player’s association who distribute it to charities

Unless the Sixers overturn the CBA, they won’t recoup a dime

[sixers hoops]

Nope

Fines go to charity and his full salary still counts against the cap

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

That’s not how the system works at present

It’s in the CBA. You have such a horrible grasp on the CBA, you are struggling with every point. Nevertheless, it is explicitly spelled out on the cba.

[Sportfan73]

Nope

Fines go to charity and his full salary still counts against the cap

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

That’s not how the system works at present

At the very least that 8 mil is the last money he would ever see from them. Like the other 16 plus the other 3 years are completely gone

[sixers hoops]

Nope

Fines go to charity and his full salary still counts against the cap

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

This is where the disconnect is. All these threats that Klutch is making is just to try to get us to move him fast

Klutch isn’t saying Ben will get his money, even if he doesn’t pay tho. They know he won’t. They are just saying Ben won’t report. Ben could likely afford to not report for an entire season.

[Tomjas]

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

That’s not how the system works at present

It’s in the CBA. You have such a horrible grasp on the CBA, you are struggling with every point. Nevertheless, it is explicitly spelled out on the cba.

As I outlined above, it’s in the cba

The Sixers won’t see a dime

[Glasso]

Article 6 PLAYER CONDUCT
6.1 General.
In addition to any other rights a Team or the NBA may have by contract (including but not limited to the rights set forth in paragraphs 9 and 16 of the Uniform Player Contract) or by law, when a player fails or refuses, without proper and reasonable cause or excuse, to render the services required by a Player Contract or this Agreement, or when a player is, for proper cause, suspended by his Team or the NBA in accordance with the terms of such Contract or this Agreement, the Current Base Compensation payable to the player for the year of the Contract during which such refusal or failure and/or suspension occurs may be reduced (or, in the case of a suspension, shall be reduced) by (a) 1/145th of the player’s Base Compensation for each missed Exhibition, Regular Season or Playoff game for any suspension of less than twenty (20) games and (b) 1/110th of the player’s Base Compensation for each missed Exhibition, Regular Season or Playoff game for any suspension of twenty (20) games or more (including any indefinite suspension that persists for twenty (20) games or more or consecutive suspensions for continuing acts or conduct that persist for twenty (20) games or more).

6.2 Practices.
When a player, without proper and reasonable excuse, fails to attend a practice session scheduled by his Team, he shall be subject to the following discipline: (i) for the first missed practice during a Season – $2,500; (ii) for the second missed practice during such Season – $5,000; (iii) for the third missed practice during such Season – $7,500; and (iv) for the fourth (or any additional) missed practice during such Season – such discipline as is reasonable under the circumstances.
Notwithstanding Section 2(a) above, when a player, without proper and reasonable excuse, refuses or intentionally fails to attend any practice session scheduled by his Team, he shall be subject to such discipline as is reasonable under the circumstances.
6.3 Promotional Appearances.
When a player, without proper and reasonable excuse, fails or refuses to attend a promotional appearance required by and in accordance with Article II, Section 8 and Paragraph 13(d) of the Uniform Player Contract, he shall be fined $20,000.

6.4 Mandatory Programs.
NBA players shall be required to attend and participate in educational and life skills programs designated as “mandatory programs” by the NBA and the Players Association. Such “mandatory programs,” which shall be jointly administered by the NBA and the Players Association, shall include a Rookie Transition Program (for rookies only), Team Awareness Meetings (which shall cover, among other things, substance abuse awareness, HIV awareness, and gambling awareness), and such other programs as the NBA and the Players Association shall jointly designate as mandatory.
When a player, without proper and reasonable excuse, fails or refuses to attend a “mandatory program,” he shall be fined $20,000 by the NBA; provided, however, that if the player misses the Rookie Transition Program, he shall be suspended for five (5) games.
6.5 Media Training, Business of Basketball and Anti-Gambling Training.
All players shall be required each Season to attend and participate in one (1) media training session conducted by their Team and/or the NBA. If a player, without proper and reasonable excuse, fails or refuses to attend a media training session, he shall be fined $20,000.
All players shall be required to attend and participate each Season in one (1) “business of basketball” program conducted by their Team and/or the NBA. If a player, without proper and reasonable excuse, fails or refuses to attend such program, he shall be fined $5,000.
All players shall be required each Season to attend and participate in one (1) anti-gambling training session conducted by their Team and/or the NBA. If a player, without proper and reasonable excuse, fails or refuses to attend an anti-gambling training session, he shall be fined $20,000.
6.6 Charitable Contributions.
In the event that (i) a fine or suspension is imposed on a player, (ii) such fine or suspension-related Compensation amount is collected by the League, and (iii) the fine or suspension is not grieved pursuant to Article XXXI, then the NBA shall remit fifty percent (50%) of the amount collected to the National Basketball Players Association Foundation (the “NBPA Foundation”) or such other charitable organization selected by the Players Association that qualifies for treatment under Section 501(c)(3) of the Internal Revenue Code of 1986, as now in effect or as it may hereafter be amended (a “Section 501(c)(3) Organization”), and that is approved by the NBA (which approval shall not be unreasonably withheld) (both hereinafter, the “NBPA-Selected Charitable Organization”); provided, however, that any contributions made by the NBPA-Selected Charitable Organization to a player charitable foundation cannot be intended to reimburse the player for the financial impact of a fine or suspension. The NBA shall remit the remaining fifty percent (50%) of the amount collected to a Section 501(c)(3) Organization selected by the NBA and approved by the Players Association, which approval shall not be unreasonably withheld. For purposes of this Section 6(a), and with respect to any suspension imposed on a player by the NBA of five (5) games or more, the NBA shall be required to collect a suspension-related Compensation amount equal to at least five (5) games of such suspension.
The remittances made by the NBA pursuant to this Section 6 shall be made annually, ninety (90) days following the Accountants’ (as defined in Article VII, Section 10(a)) submission to the NBA and the Players Association of a final Audit Report or an Interim Escrow Audit Report (as defined in Article VII, Section 10(a)) for the Salary Cap Year covering the Season during which the fines and suspension-related Compensation amounts are collected by the NBA.
If a timely Grievance is filed under Article XXXI challenging a fine or suspension of the kind designated in Section 6(a) above, and, following the disposition of the Grievance, the Grievance Arbitrator determines that all or part of the fine or suspension-related amount (plus any accrued interest thereon) is payable by the player to the League, then the League shall remit the amount collected by the League (plus any interest) in accordance with the provisions of Sections 6(a) and (b) above.

[sixers hoops]

Nope

Fines go to charity and his full salary still counts against the cap

You’re confused again. There is a difference between fining a player and a failure to render services designation. They will recoup the salary under failure to render services. They have the option to fine him as well, but failure to perform and fulfill contractual duties will result in a full recoup of the salary.

That’s not how the system works at present

Under the cba (which Morey referred to), Sixers can fine him $x for each missed event

That money is deducted from his salary and paid 50/50 to the nba and player’s association who distribute it to charities

Unless the Sixers overturn the CBA, they won’t recoup a dime

I can only explain it so many ways, but you just are not comprehending lol

[the_process]

Nothing to see

He’s already been paid $8.25 million and is due another $8.25 million tomorrow

Sixers might fine him a few bucks for missing media day and a training session but that’s all the leverage that they have

https://thepaintedlines.com/money-is-in-play-as-the-simmons-situation-heads-into-training-camp/

According to ESPN’s Bobby Marks, Simmons opted to receive 25 percent of his salary on July 1 and October 1st of each season. The remaining half of that season’s salary is delivered over 12 payments starting on November 15th.

Simmons is owed $33,003,936 in 2021-22. That means he’s due $8,250,984 on October 1, 2021. Given the terms of Simmons’ contract, he could receive $16,501,968 (or, 50 percent) of his salary by the penultimate day of training camp without ever showing up.

However, Philadelphia might decide to withhold that second installment on October 1. The collective bargaining agreement gives the Sixers the right to withhold payments if they deem Simmons to be failing to render services. Should they do that, Simmons could take them to arbitration to get that installment of his salary. But, the arbitration typically results in a long, arduous process to recoup that money — if the case plays out in Simmons’ favor at all.

We'll see.

Good luck with that strategy

As it stands, he’s missed a couple of days

If Marks said it, then it is almost certainly true that the Sixers can withhold Ben’s 10/1 payment without being in breach due to failure to render services.

That will turn up the heat on Ben to show up and build his value.

[Glasso]

Failure to render services only applies to GAMES.

[sixers hoops]

Failure to render services only applies to GAMES.

Correct

[KramerDSP]

I want this saga to be over with so bad, but that’s what the coward wants. So, I say sit his ass and let him rot. And can someone please add “The Coward” to his collection of nicknames on bkref? Please?

[Sixerscan]

Failure to render services only applies to GAMES.

Correct

And given that he's apparently promised not to play in any games I don't see anything there that de facto stops a team in this situation from making the argument that they can reduce all payments to $0 until that changes.

Your way is certainly cleaner though

[BullyKing]

Failure to render services only applies to GAMES.

Correct

And given that he's apparently promised not to play in any games I don't see anything there that de facto stops a team in this situation from making the argument that they can reduce all payments to $0 until that changes.

Your way is certainly cleaner though

It's called anticipatory repudiation and the CBA section specifically says that its remedies are "[i]n addition to any other rights a Team or the NBA may have by contract (including but not limited to the rights set forth in paragraphs 9 and 16 of the Uniform Player Contract) or by law."