The Sabres have been amongst the most dysfunctional organization in the NHL. The recent Jack Eichel saga is just the latest chapter for the organization.
Eichel was supposed to be the saviour and lead the basement dwelling Sabres out of the basement and to the top. That hasn’t happened yet and with the recent handling of his injury, Eichel’s days with organization appeared to be numbered.
The Injury
Eichel was diagnose with a herniated disc towards the shortened 2020-2021 season. After the diagnosis, Eichel indicated his preference to receive a surgery known as artificial disc replacement. The Sabres on the other hand prefer Eichel to have an anterior cervical discectomy with fusion (ACDF) surgery.
Through the off-season, Eichel and the Sabres have met to discuss the situation, but both sides have stood firm on their position. The NHL and NHLPA have also been involved in resolving the issue, but to no avail.
When training camps started, Eichel, unable to have the surgery thus far, failed his physical and was stripped of his captaincy. Rumors have also swirled around potential trades involving Eichel with teams finally having access to his medical records.
The Standoff
The main source of contention between Eichel and the Sabres is what type of surgery is best. On one hand, the surgery Eichel wants – the artificial disk replacement – has a quicker recovery time and according to his medical expert is the better option even after Eichel’s player career is long done.
On the other hand, the Sabres want Eichel to have the ACDF surgery. The main reason the Sabres prefer the ACDF over the artificial disk replacement is that an artificial disk replacement surgery has not been done on an active NHL player. Not surprisingly, the Sabres want to protect their $80 million investment.
Fortunate for the Sabres, they have the upper hand, so for the time being, they control the situation. As per the Collective Bargaining Agreement (CBA) between the NHL and the NHLPA, the Club physician is given the ultimate control to determine the course of treatment. Based on this power, the Sabres have stood firm on the ACDF surgery and have kept Eichel’s career in limbo.
So, what can Eichel do? Could he sue for his right to have the surgery? Could he go behind the organization’s back and just get the surgery done? Let’s explore some of these options a bit further.
What are Jack Eichel’s Options?
Agreement between Team and Player
An agreement between the team and player would be the most ideal path forward. It’s possible that the Sabres finally see things Eichel’s way and let him get the surgery. Given their current standoff though, and the length of standoff, that’s probably not happening.
Alternatively, the Sabres could finally decide it’s time to move on from Eichel and trade him. Eichel is an elite talent in the NHL and has garnered some attention.
The Sabres could get some assets in return to rebuild their franchise, and Eichel could get the surgery he wants.
Challenge the CBA
Lawyers usually find a way to get involved and if Eichel’s situation keeps dragging on, we could see a challenge to the CBA.
From the outset it’s important to know the CBA between the NHL and the NHLPA controls the relationship and almost always will win out. Regardless of how creative a team of lawyers could get challenging the CBA, absent some material breach, the challenge will fail, and the CBA will control.
Best case scenario, Eichel may be able to get his way through some form of negotiations with the threat of litigation looming over the dispute. Worst case, status quo prevails and the legal challenge changes nothing.
Get the surgery, deal with the repercussions
Could Eichel get the surgery he wants and deal with whatever repercussions there may be? In theory, sure.
It’s easy to understand why Eichel might be angry and frustrated. The impasse between him and the Sabres is having and will have serious ramifications on his playing career and life generally. So, what’s the worst case scenario if Eichel decides to break protocol and get the surgery?
One possible outcome is a fine and suspension. Under Section 4 the Standard Player Contract (SPC), a club has the ability to fine and/or suspend for “any conduct impairing the thorough and faithful discharge of the duties incumbent upon the player.” So, if Eichel decides to get the surgery without the team’s permission and violates his contract and the CBA, the Sabres could suspend him without pay.
The Sabres could also choose to terminate Eichel’s contract for a material breach. Under Section 14(a) of the SPC, the club has the ability to terminate a contract if a player “fail[s], refuse[s], or neglect[s] to obey the Club’s rules governing training and conduct of Players, if such failure, refusal or neglect should constitute a material breach of this SPC.” Of course, any attempt at terminating Eichel’s contract by the Sabres will be opposed by Eichel and the NHLPA, and that would bring about a new set of legal challenges.
From Eichel’s perspective, if the Sabres choose to suspend him, he’ll still get the surgery he wants and will simply be able to play once he serves his suspension. Alternatively, having his contract terminated may not be the worst thing. He could become a free agent and restart his career with a new team.
The Eichel saga is frustrating for team, player, and fans, and hopefully the two sides can find a way to resolve it quickly.