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A TryouT Is NoT EmpLoymENT uNLEss BoTh pArTIEs sIgN AN AgrEEmENT
Workers ’ Compensation Section Chair : Anthony Cortese – Attorney at Law
Because the League signature didn ’ t appear on the contract , the contract was not binding for the tryout .
© Can Stock Photo / filmcrew
In a 4-to-3 decision , Bishop v . Arena Football League , Case No . SC17-1409 , 2017 WL 6014872 ( Dec . 5 , 2017 ), the Florida Supreme Court refused to review a decision by the First District Court of Appeal that took away workers compensation benefits from an injured football player . Although the player was injured during a tryout , the First DCA held he wasn ’ t entitled to benefits because the Arena Football League never signed his employment agreement . This decision may have limited application because jurisdiction was denied , but it is still a matter of concern .
In 2012 , Byron Bishop played for the Orlando Predators and was an employee of the Arena Football League . In July 2013 , he participated in a two-day tryout for the team . Before the tryout , his coach had Bishop sign an employment contract where it read “ Player ’ s Signature .” The coach , who was also a league employee ,
signed the contract where it read “ Team Rep .” Another line on the employment contract that read “ League Signature ” was not signed . The document said that the Team Signature was mandatory . But it didn ’ t say that the same was true of the League signature . Once the contract was filed with the League offices , the coach allowed Bishop to attend the tryout , where he was injured on the second day .
The Judge of Compensation considered a great deal of testimony and other evidence on the issue of coverage before finding that based on all the facts , Bishop was an employee of the League when he was injured on the second day of tryouts . The First District reversed , holding that because the League signature didn ’ t appear on the contract , the contract was not binding for the tryout and that allowing Bishop to participate in a tryout did not constitute an agreement to employ him or to sign the contract . Arena Football v
Bishop , 220 So . 3d 1243 ( Fla . 1st DCA 2017 ).
The First District specifically held that allowing Bishop to attend the tryout was not enough to create an employment relationship . The First DCA did not address whether the coach , who was an employee of the League and who signed the contract where it said “ Team Signature ,” had acted as an apparent agent of the League to bind the League .
Professional athletes in Florida have been excluded from workers compensation coverage for many years . But the exclusion only applies during paid employment under contract . § 440.02 ( 17 )( c )( 3 ), Fla . Stat . It appears Bishop wasn ’ t paid . So Bishop should have been covered . Three members of the Florida Supreme Court felt the issues merited review and analysis , but it was not enough to obtain review .
Author : Anthony V . Cortese – Attorney at Law
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