Agent's Take: Fallout from controversial Christian Wilkins release and how Raiders could pay in the end

Christian Wilkins' tenure with the Las Vegas Raiders surprisingly came to an end on July 24 when he was released. The defensive tackle had been considered the crown jewel of the Raiders' 2024 free agent class when signed. The Raiders lured Wilkins to Las Vegas with a four-year, $110 million contract containing $84.75 million of guarantees where $57.5 million was fully guaranteed. 

Wilkins' 2024 season was limited to five games because of a Jones fracture in his left foot last October that required surgery. Wilkins either had a setback in his recovery or suffered another injury near the original fracture as Sports Illustrated insider Albert Breer reported.

The Raiders' medical staff determined prior to organized team activities starting on May 19 that Wilkins needed a second surgery on his foot, which has a three-to-four-month recovery timetable. Wilkins decided to continue rehabbing the injury without another operation. Seemingly because of Wilkins' decisions about his treatment of the injury, the Raiders voided the remaining $35.25 million of salary guarantees in his contract on June 4.

This $35.25 million consists of Wilkins' $8 million 2025 base salary and his $27.25 million 2026 million base salary. Both had been guaranteed for skill, injury and salary cap prior to the voiding. Having these three types of guarantees are considered as fully guaranteed in an NFL contract. 

Wilkins filed a non-injury grievance through the NFLPA on July 24, which was the 50-day deadline to challenge the voiding of the $35.25 million in salary guarantees, before his contract was terminated. Technically, the dispute falls under the non-injury grievance provisions of the NFL collective bargaining agreement although it relates to an injury since an interpretation or application of a contract provision is involved. The Raiders have 10 days to answer in writing upon receipt of the grievance. 

An injury grievance typically involves a player who comes to training camp, passes a physical, suffers injury and is cut before he has recovered. Wilkins doesn't fit into this category. He was put on the physically unable to perform list at the start of training camp because he couldn't pass the preseason physical due to a prior football injury.

An unexpected development with this situation is ESPN's Adam Schefter revealing Monday on the Pat McAfee Show that the final straw may have been Wilkins kissing a teammate on the forehead at the Raiders' facility last week in what he characterized as a playful manner. The teammate took offense and Wilkins' actions resulted in a complaint being filed with the Raiders' human resources department which investigated the incident. 

Expect the NFLPA to be aggressive in pursuit of payment for Wilkins. Generally, the NFLPA doesn't want to create a labor environment where owners' attempts to avoid payments to players won't be met with resistance.

Christian Wilkins timeline: Why Raiders chose to cut star lineman after injury, alleged locker room incident

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Whenever there is an issue in a business relationship, a natural tendency is for the parties to examine the contract between them and any other relevant documents. Under the CBA, a team must give a player written notice when he is released. The form used for termination provides reasons with five different boxes that can be checked covering a failure to maintain satisfactory physical condition, failure to make a full disclosure of physical or mental condition during a physical, lack of skill, personal conduct and for salary cap purposes. It will be interesting to know which box was checked in Wilkins' case.

Contract guarantees typically void for an exhaustive list of defaults by a player. The default language in Wilkins' contract that controls the voiding of his guarantees reads as follows:

If at any time Player: 1. does not report to Club; 2. does not practice or play with Club; 3. leaves Club without prior written approval (including, but not limited to retirement or incarceration, unless such incarceration is for no more than 72 hours, provided that Player does not miss a game during such incarceration); 4. does not honor any terms of the Contract (including any addenda thereto); 5. is suspended by the NFL or Club for conduct detrimental, violation of the NFL Personal Conduct Policy, violation of the NFL Policy on Substances of Abuse, or violation of the NFL Policy on Performance-Enhancing Substances; 6. violates any other agreements between Club and Player; 7. is injured or dies as a result of a breach of Paragraph 3 of the Contract or as a result of participation in hazardous activities which involve a significant risk of personal injury and are non-football in nature (including but not limited to skydiving, hang gliding, mountain climbing, auto racing, motorcycling, scuba diving, skiing, and any other sports): 8. engages in egregious conduct judged by Club to significantly and adversely affect or reflect on Club, in Club's sole discretion; or 9. commits any Forfeitable Breach (as defined in Article 4, Section 9(a) of the CBA), then Player shall be in default ("Default") and the Skill, Injury and Cap Guarantee shall be null and void and Player shall only be eligible to earn his remaining stated Paragraph 5 salary on a weekly, non-guaranteed basis, if Player is on Club's roster for the 2025 League Year and meets all ordinary criteria for earning Paragraph 5 salary, subject to any applicable fees. It is expressly understood and agreed that Player's waiver of rights to certain unpaid amounts as indicated above are express provisions of this Agreement and, but for these provisions, Club would not have executed the Contract. Player's failure to report to Club, practice with Club or play with Club due solely to an NFL suspension of two games or fewer for an in-game violation of NFL Playing Rules shall not constitute a Default.

This exact language appears with each salary component that was guaranteed in Wilkins' contract. Obviously, 2026 is referenced in the default language instead of 2025 with the 2026 base salary guarantee.

The most applicable aspect of Wilkins' default language to trigger voiding is a "catch all" provision listed as No. 4 relating to honoring all terms of the contract. The only additional part of the contract's addenda that could be relevant is a physical exam clause requiring Wilkins to take a mandatory physical exam upon request before a deadline set by the Raiders. 

It's hard to imagine that this specific clause was violated if Wilkins was in attendance for the offseason program. Coach Pete Carroll made some comments in May that might be used against the Raiders in the grievance. "This has been a difficult recovery and he's done everything he needs to do," Carroll said. "He's been here every day. He's here early, working hard, but we're still working it, and he's not ready to get back out. We're in the midst of a long, challenging process here. So, fortunately there's a lot of time, and we're going to take every bit of it. We've really tried to be really diligent about the way we've worked it and the way we've monitored it and all of that, and he's really been on board the whole time. But it has been challenging."

The Raiders checking the box with "You have failed to establish or maintain your excellent physical condition to the satisfaction of the Club physician" would set up an attempt to avoid payment through Paragraph 8 of the NFL Player Contract. Under this paragraph, a player must maintain his physical condition to the satisfaction of the team doctor as well as make full and complete disclosures and good-faith responses to the team doctor. Given that fully guaranteed is really a misleading term with NFL contracts, the Raiders essentially would be trying to use a "loophole" of unsatisfactory physical condition as another way to escape Wilkins' skill, injury and salary cap guarantees in addition the June 4 voiding.

The NFLPA will surely contend that the CBA supersedes any language in the NFL Player Contract and the addenda. A player has a CBA right to a second medical opinion. The reasonable advice of the second medical opinion doctor can be followed after giving the team doctor's recommendations due consideration.

The grievance probably won't be heard until sometime in 2026. A settlement could occur at anytime though. The NFLPA and NFL Management each have the right to expedite four grievances each year. A grievance like Wilkins' usually isn't expedited.

Wilkins was counting at $18.137 million on the Raiders' 2025 salary cap prior to his release. The Raiders did a salary conversion with Wilkins' fully guaranteed $20.5 million third day of the 2025 league year roster bonus in March so this money could be prorated over the three remaining years of the contract and the dummy/voiding 2028 contract year. The $20.25 million isn't believed to be a part of the dispute.

Until there is a resolution either through an arbitrator's decision or settlement, 40% of the disputed amount is salary cap charge. That's $14.1 million in this case. The grievance increases Las Vegas' 2025 cap charges for Wilkins by $5.98 million to $24.117 million. 

The Raiders have a $29.775 million 2026 cap charge or dead money by releasing Wilkins. It's because of the proration in Wilkins' 2026 and 2027 contract years as well as the dummy/voiding 2028 contract year relating to his $24 million signing bonus and $20.5 million roster bonus.

Based on available public information, there seems to be some facts favorable to Wilkins although one can never know what an arbitrator might find persuasive. Speculation of there being more than meets the eye with Wilkins' unwanted kiss is building. Wilkins having engaged in other behavior that's more inappropriate could be a game changer. 

The arbitrator deciding in favor of the Raiders would produce a $14.1 million cap credit that would help offset the $29.775 million in 2026 dead money. Wilkins winning his grievance would result in $21.15 million of additional salary cap charges for the Raiders in 2026.