LAS VEGAS (KTNV) — Former Raiders head coach Jon Gruden said the NFL arbitration process doesn't apply to him since he was forced to resign, according to new court documents.
Last week, his attorneys filed a response after the NFL appealed to the Nevada Supreme Court.
This all stems from emails that were sent by Gruden from 2011 to 2018 when he worked as a sports broadcaster for ESPN. Those emails included racist, misogynist, and homophobic comments.
According to the new complaint, there is a section giving NFL Commissioner Roger Goodell the jurisdiction and authority to arbitrate any dispute involving players or employees of the members of the League that in the opinion of the Commissioner "constitutes conduct detrimental to the best interests of the League or professional football."
However, Gruden's attorneys said the provision wasn't highlighted or called out in Gruden's employment agreement and that Gruden was not given a copy of the NFL Constitution.
In a previous filing, the NFL said Gruden agreed to arbitration procedures, which they say Gruden agreed to when he signed his contract to lead the Raiders back in 2018.
The documents also claim Goodell hasn't made any determinations as to whether anything related to this suit constituted "conduct detrimental" and that Gruden couldn't have "demanded arbitration of his claims without knowing the opinion of the Commissioner."
They also stated the employment agreement didn't contain any language that would hold Gruden to his contract terms if he was terminated.
"Once Gruden's employment in the NFL ceased, it would be preposterous for the NFL to continue to insist that Commissioner Goodell maintained any authority over him," Gruden's attorneys argued. "The Commissioner's authority must [end] 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 said the Raiders won't be brought into legal proceedings since potential claims have been settled.
As of Wednesday afternoon, no future hearings have been scheduled.
