Well, as expected, the NHL Players’ Association has filed a grievance against the Philadelphia Flyers for terminating Ryan Johansen’s contract due to a “material breach.”
On August 20, the Flyers put Johansen on unconditional waivers for the purpose of terminating his contract, and completed the termination process the following day. From there, the NHLPA had 60 days to file a grievance on Johansen’s behalf–today is that day. For a more in-depth explanation of the process and why the Flyers went this route, we have a primer from BSH’s own lawyer-in-residence.
The 32-year old Johansen had one year remaining on his contract, with a cap hit of $4 million as the Nashville Predators had retained 50% of his salary in a trade that sent him to the Colorado Avalanche in the summer of 2023. Johansen joined the Flyers at the 2024 trade deadline as part of the return–alongside a 1st-round pick–for the trade that sent Sean Walker to the Avs.
It was immediately clear the Flyers did not want Johansen in the locker room, as he’s developed a reputation in some league circles and has clashed with head coach John Tortorella before, back when they were on the Blue Jackets together. In the wake of the trade, the Flyers put Johansen on waivers to send him to Lehigh Valley to join the Phantoms, but during that process it was revealed Johansen was battling an injury; teams cannot waive injured players, so Johansen’s contract sat on the books for the remainder of the 2023-24 season. Teams also cannot buy out injured players, which meant the Flyers were carrying Johansen’s contract all summer and–had they not terminated it–into the 2024-25 season.
What prompted the Flyers to take such drastic action is up for speculation: was Johansen faking his injury? Or refusing team doctors to examine him? Something else? The details will surely come out as the grievance process unfolds. One thing’s for certain, though: the Flyers would not have pursued a material breach contract termination without a tacit endorsement from the NHL, knowing full well the NHLPA would likely dispute Johansen’s firing.
Ultimately, one of three things will happen: the Flyers lose the dispute, and Johansen’s contract goes back on the books and puts them over the cap; the Flyers and Johansen settle in a similar manner to how Corey Perry and the Chicago Blackhawks settled last year; or the Flyers win and have Johansen’s cap wiped clean off the books. Two out of those three outcomes benefit the Flyers (by putting them under the cap ceiling), so the risk appears worth it. If there’s no resolution in the next few months, then the case will be brought before an arbitrator–and neither side will want that.
This is a developing story and will be updated as more information becomes available.
