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Alex Rodriguez has surpassed Willie Mays and now has sole possession of No. 4 on the all-time Major League Baseball home runs leaderboard. Last night, A-Rod hit his 661st home run of his career in a 4-3 win for Rodriguez's New York Yankees against the Baltimore Orioles. While there is undoubtedly an asterisk next to Rodriguez's name based on his prior use of performance enhancing drugs, there remains confusion as to whether A-Rod will earn bonuses, as stipulated in his current contract, based on achieving certain home run milestones.
Rodriguez's 10 year, $275 million contract includes a $30 million marketing agreement based on surpassing certain home run thresholds . One such accomplishment that seemingly supplies A-Rod with a bonus under the agreement is jumping Mays' 660 home run mark, which Rodriguez has now accomplished.
However, despite the existence of contractual language that provides Rodriguez with a bonus, the Yankees publicly stated that the franchise refuses to pay a $6 million milestone bonus for moving ahead of Mays on the all-time home run record list. For what it is worth, Rodriguez is also refusing to comment on the Yankees' position, making statements like, "that's nowhere near where my energy is. My energy from spring training is all about playing baseball."
I have obtained a copy of Rodriguez's contract, which clearly stipulates that the Yankees agree to pay him the sum of $6 million, less all applicable withholding taxes and payroll deductions. "Such payment will be made within fifteen (15) days of its designation of the Milestone Accomplishment under Paragraph 1, above," reads the agreement.
While Rodriguez may wisely choose to focus on his on-field performance and avoid questions concerning the milestone provision, at some point-in-time he and his advisors will certainly take a closer look at his contract and determine whether he wishes to enforce his rights in collecting the payments that may be due. It starts with $6 million for surpassing Mays, but there are additional thresholds that A-Rod may meet, causing him (and his agents) to be entitled to monies from the Yankees.
If Rodriguez does select to adjudicate the matter, then it will be a subject for the state or federal court in the State of New York to handle. The judge assigned will have the daunting task of construing Rodriguez's contract to determine whether the Yankees have sufficient support for denying A-Rod monies under the milestone provision contained therein.
Darren Heitner is a lawyer and the Founder of South Florida-based HEITNER LEGAL, P.L.L.C., which has a focus on Sports Law and Entertainment Law.
