Can Ben Simmons Sue the 76ers for Suspending His Pay Because of Mental Health Issues?

Simmons Responds To Negativity Following Conference Semi Final Performance

Following his disastrous performance in the playoffs last season, it was unclear how NBA star Ben Simmons would handle the negativity. Averaging under 10 points in his conference semifinal series and shooting a measly 34% from the free throw line for the entire playoffs, the question was not: would there be much criticism of Simmons? That was guaranteed. The question was: how would Simmons respond? Would he work on his shooting? Make amends with his teammates after a rocky year? Improve himself for the upcoming season?

Unfortunately, there was not a positive answer to any of these questions.

Instead, Simmons took a different approach: he requested a trade. Then in September, he refused to show up to the 76ers’ training camp. He did not play in any preseason games. He was kicked out of practice for putting in little effort and was suspended as a result. He has not played for the team since.

And as if things could not get any messier, Simmons and his agent are now arguing that the 76ers have “worsened his mental state,” which has rendered him unable to play.

“I truly believe the fines, the targeting, the negative publicity shined on the issue — that’s very unnecessary and has furthered the mental health issues for Ben,” Rich Paul, his agent, said. “Either you help Ben, or come out and say he’s lying. Which one is it?”

The question we have now is: if the 76ers and Ben Simmons cannot reach a fair agreement, can he sue them to get what he wants?

Fining, Salary, and Mental Health Rules

Prior to the 2019–2020 season, the NBA implemented rules to help their athletes who struggled with mental health. Due to the competitive nature, pressure, and negativity that came with being a professional athlete, the NBA wanted to ensure that their players were healthy, both physically and mentally. In addition to the abundance of mental health resources and tools the NBA offers, all thirty teams are required to have at least one full time licensed mental health professional and a licensed physiatrist.

The 76ers have offered the help of their psychiatrist to Simmons, who he says he is uncomfortable with. This has resulted in “frustration mounting” within the 76ers’ organization.

The league also has rules that protect players’ salaries when they are struggling with mental health issues. As stated in the NBA’s collective bargaining agreement, even if a player misses games due to mental health issues, he has a right to his full salary “if such failure has been caused by the player’s mental disability.”

Because of this rule, the 76ers had to stop fining Simmons for missing games when he made his claim. However, they have resumed the fines, since Simmons declined their help.

Emotional Distress Lawsuits

There are multiple types of lawsuits that Simmons could file in this situation, including an emotional distress lawsuit. In reality, this is not one that he is likely to file. In an emotional distress lawsuit, individuals sue for emotional distress to make up for financial damages related to the pain or suffering another individual or group has caused them. This kind of lawsuit often makes up for lost wages or medical bills. In Simmons’ case, he would be suing for lost wages from the fines the 76ers gave to him.

For this lawsuit, Simmons would have to prove that the 76ers have caused or worsened his mental health issues through negligence or intentional infliction of emotional distress. He could argue that the team is forcing him to play or slandering his name by accusing him of lying about his mental health, but it is unlikely to get him anywhere without physical proof. In most cases, emotional distress lawsuits are only successful if the damages also come with physical injury. For instance, if someone gets into a car accident and comes out of it with mental anguish along with a broken arm because of another person’s reckless driving, a claim of emotional distress can be more easily proven.

Without any injury to use as evidence, Simmons would have to use documentation and medical reports to help him prove his case. Meeting with the team physician (who he currently refuses to see), would be the first step. If Simmons is not using the resources available to him, he has no place to argue that the team is not trying to help him.

Breach of Contract Lawsuit

In a lawsuit for breach of contract, individuals are suing because their employee or employer has not satisfied their legal responsibilities. Compared to an emotional distress lawsuit, this would be a much simpler case to argue. Because contracts are written and thorough, the exact responsibilities of each party are established, so an individual could easily prove if their employer or employee is in breach of contract.

After signing a contract with Simmons, the 76ers legal obligation to pay him began. Refusing to pay him, especially with the mental health rules that the NBA implemented, could be considered a breach of contract. The mental disability rules found in the NBA/NBPA Collective Bargaining Agreement protect the salaries of their athletes and require teams to pay their players when they are taking a break for mental health.

“… if such failure has been caused by the player’s mental disability, shall in no way affect the player’s (or his duly appointed legal representative’s) right to receive, in whole or in part, the Cash Compensation”

This lawsuit would have been a reasonable option back when the 76ers were withholding his salary. Because Simmons was not playing due to mental health, the team was violating the terms of their agreement by not paying him. Since they resumed paying Simmons, there would be no reason for him to argue for this. However, if the team were to withhold once again, Simmons could potentially have a good case for a breach of contract.

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If you would like to read an article by Danica Zelvin about the effects of NIL contracts on high school athletics, click here.