Gruden argues terminated contract cannot force him into arbitration

Lawyers for former Raiders coach Jon Gruden have argued that the NFL cannot use his terminated contract with the league to force him into arbitration.

Gruden sued the league and NFL commissioner Roger Goodell in November 2021, alleging that the league intentionally leaked derogatory emails he wrote and pressured the Raiders to fire him in an attempt to ruin his career and reputation. The league has sought to force Gruden into arbitration and argued in court documents filed in February that Gruden agreed to arbitrate disputes when he signed his 10-year, $100 million contract with the Raiders.

The documents were filed in a state Supreme Court case, in which the league is appealing a District Court’s denial of the NFL’s motion to compel arbitration. The NFL has argued that the NFL Constitution requires Gruden to go through an arbitration process in which the arbitrator would be Goodell, another NFL official or an “arbitration service provider.”

In court documents filed Thursday, Gruden’s attorneys argued that because his employment agreement with the Raiders was terminated in October 2021, he no longer can be forced into arbitration under the NFL’s Constitution.

“The Commissioner’s authority must terminate at the same time as the coach or employee ceases to be involved with the NFL, otherwise this provision would permit the Commissioner to indefinitely exert control over former employees and potentially chill their ability to ever criticize the League or effect positive change,” Gruden’s attorneys wrote in the filing.

Attorneys for Goodell and the league did not respond to requests for comment.

Gruden resigned as the Raiders coach shortly after The Wall Street Journal and The New York Times published racist, misogynistic and anti-LGBTQ emails he had written. He also reached a confidential settlement agreement with the Raiders, his attorneys wrote in court documents.

The NFL has said it did not leak the emails, and it has disputed Gruden’s allegation that all of the emails leading to his departure were sent before he signed the agreement with the Raiders.

During sworn testimony in December to the House Oversight Committee, former Washington Commanders President Bruce Allen said an NFL official told him the Commanders were behind the leak.

The Nevada Supreme Court has put Gruden’s lawsuit on pause pending the completion of the appeal in the arbitration dispute.

Contact Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240. Follow @k_newberg on Twitter.