In the aftermath of the latest concussion suffered by Dolphins quarterback Tua Tagovailoa, many have chimed in with an opinion that he should retire. Those advising retirement include Amazon Prime’s Tony Gonzalez and Raiders head coach Antonio Pierce.
As explained last night, the decision to retire would come only after he is cleared to play and decides not to. Before he can retire, doctors would have to decide that he can and should be cleared, despite officially three (and unofficially at least four) concussions — including at least two that were serious enough to spark the fencing posture.
On one hand, it’s not the time to talk about money. On the other hand, the money is too big to ignore. We’ve obtained a copy of his contract to confirm that it contains the usual, standard language that would put him in the usual, standard situation if he were to retire from the game only two games into it.
The contract contains no clauses or exceptions or waivers regarding concussions. The word “concussion” isn’t even mentioned in it. Thus, all injury guarantees apply even if the injuries in question are concussions. Likewise, the same consequences would arise as for any other player if Tua were to choose to retire only two games into a five-year contract.
As noted last night, the contract carries more than $167 million in injury guarantees. He also earned a $42 million signing bonus upon execution of the deal. (The contract requires $15 million to be paid before August 31, 2024, $15 million to be paid before October 15, 2024, and the remaining $12 million to be paid out as part of his 18 weekly game checks.)
If Tua retires — after being cleared to play — Tua would lose the balance of the guarantees. Also, if the Dolphins were inclined to exercise their right to recover paid but unearned signing bonus money, they could seek $8.4 million for each year remaining on the contract (through 2028), along with $466,667 for each game left in 2024 after he’s cleared.
Those numbers are important to consider when looking at the broader question of whether he should retire. Two years ago, retirement wouldn’t have come with massive, nine-figure financial consequences. When pondering his best path forward, Tua will have to consider this.
The Dolphins meanwhile face the prospect of paying more than $167 million over the next three years, if Tua isn’t cleared to play. The real dollars also become cap dollars that the Dolphins wouldn’t have for other players.
It sets up an awkward dance. In the end, there could be a negotiated compromise, with for example Tua retiring and Miami retaining half of the $167 million.
However it plays out, everyone knew that Tua was one snap away during any given game from a concussion that would call his playing career into question. The contract negotiated and signed by the Dolphins and Tua nevertheless has no language affording any special rights to the player or the team in the event that he can’t be cleared to play or that he chooses to stop playing, even if cleared.
