Can Browns Avoid Watson’s Guaranteed Money?

Written by mapickard

As many of you know, Deshaun Watson has not had the greatest track record. Last year, he served an 11 game suspension as a result of more than two dozen women coming forward accusing Watson of sexual misconduct during massage appointments.[1] The NFL has actually increased the penalties for sexual misconduct in light of Watson’s actions.[2]

After the Steelers game, on September 18th, Watson had to be disciplined by the NFL yet again. His actions in the game led to him being fined $35,513 from the league.[3] This amount was broken down by three individual instances. He was fined $13,659 for unsportsmanlike conduct and $10,927 twice for two separate unnecessary roughness penalties.[4] The two unnecessary roughness penalties were for grabbing a defender’s facemask.[5]

The unsportsmanlike conduct fine occurred when Watson and Browns tight end, David Njoku, celebrated after scoring a touchdown. The celebration consisted of a gun-themed celebration in which Watson and Njoku appeared to be shooting each other with machine guns – Njoku was also fined for this celebration.[6] In addition to these three fines, Watson narrowly avoided a fourth fine/penalty after the league decided that Watson’s contact with an official, while arguing about a flag, did not warrant punishment.[7]

While $35,000 in fines may not mean much to a guy with a five-year, $230 million dollar fully guaranteed contract, Watson needs to be careful.[8] Many criticized the Browns for giving Watson such a large contract after everything he was accused of doing. Furthermore, the Browns didn’t just give Watson a large contract, they gave him a fully guaranteed contract. This means that no matter how poorly Watson plays or how well he performs, he will still be paid the $230 million dollars.

However, the Browns were cautious in the formation of Watson’s contract. They inserted into the contract a suspension clause that allows for them to get out of owing Watson his future guaranteed money if he is suspended.[9] It is important to note, however, that there are two exceptions to this provision of the contract.[10] Watson’s contract is not affected if he is suspended for only one game for violating the Official NFL Playing Rules, or if he is suspended for violating the Official NFL Playing Rules and the Browns organizations deems it non-egregious conduct.[11]

Plainly, this means that Watson’s contract can be voided if he is suspended for two or more games, or if the one-game suspension is from egregious conduct as determined by the Browns.[12] With three fines already in the books, Watson needs to be vigilant that one wrong decision could lose him the remaining $138 million in guarantees.[13]

If the Browns did decide that Watson’s conduct was egregious, they could void his contract, however the Browns will surely face backlash from the NFLPA. The NFLPA would most likely file a grievance against the Browns and fight for Watson to get all or at least some of his money. However, owners around the league, and the NFL itself, may have something to say about this.

A lot of owners were not happy when the Browns gave Watson a fully guaranteed contract. This sets precedence around the league and now when the next quarterback is negotiating a contract, he too will want a fully guaranteed contract. This is now more money owed to the players and more money out of the pockets of the owners, something they absolutely do not want. The NFL and its owners may fight tooth and nail to see the Browns stuck with owing Watson his $230 million. This would send a message to the league and to the front office of each franchise – fall in line and don’t step out of ranks.

[1] Deshaun Watson Is Returning to Play Football: Here’s What to Know – The New York Times (nytimes.com)

[2] N.F.L. Increases Penalties for Sexual Misconduct in Light of Deshaun Watson Case – The New York Times (nytimes.com)

[3] Browns QB Deshaun Watson fined $35,513 for unsportsmanlike conduct, two unnecessary roughness violations in loss to Steelers (nfl.com)

[4] Id.

[5] Id.

[6] See Id.

[7] Id.

[8] Pittsburgh Steelers Rival Cleveland Browns Could Get Out of Deshaun Watson Contract – Sports Illustrated Pittsburgh Steelers News, Analysis and More

[9] Cleveland Browns reportedly have an unusual way to get out of Deshaun Watson’s fully guaranteed contract (sportsnaut.com)

[10] Id.

[11] Id.

[12] Id.