Aric Almirola files paperwork stating breach-of-contract claim against Earnhardt Ganassi Racing

By Bob Pockrass - Associate Editor

Thursday, October 22, 2009

Aric Almirola has filed paperwork indicating that he has a breach-of-contract dispute with Earnhardt Ganassi Racing and Dale Earnhardt Inc.

David Griffin
NASCAR Scene

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Aric Almirola has filed paperwork in North Carolina Superior Court indicating that he has a breach-of-contract dispute with Earnhardt Ganassi Racing and Dale Earnhardt Inc.

Almirola, who competed in seven Sprint Cup races this year for the team before his car was parked because of a lack of sponsorship, filed the notice in the Charlotte court last Friday, asking for 20 days to file a complaint in the matter.

This type of request results in a summons to the other party and typically is filed to start a civil action but the person hopes the matter gets settled before having to file the lawsuit specifics. Almirola indicates that the nature of his claim is breach of contract and unfair and deceptive trade practices.

Almirola filed two notices, one against EGR and DEI and another against Chip Ganassi Racing and team co-owner Teresa Earnhardt. Almirola had a contract with DEI, which merged its Cup operation with Chip Ganassi Racing at the end of the 2008 season to form Earnhardt Ganassi Racing. He has until Nov. 5 to file an actual complaint.

“We’re disappointed at the situation with Aric but are hopeful that we will come to an agreement soon,” EGR spokesman John Olguin said.

Almirola has 26 career Sprint Cup starts, with a career best finish of eighth at Bristol in March 2008. He drove in 17 races in 2007 and 2008 as he shared the ride with Mark Martin in the No. 8 car at DEI.

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Comments

21 responses to "Aric Almirola files paperwork stating breach-of-contract claim against Earnhardt Ganassi Racing". Post a Comment.

1

timmytoad1 said:
Oct 22, 2009 at 2:04 PM
EGR's only driver in their eyes is Monyota. No one wants to drive for the team, all futures drivers will be young guns or no talents desperate for a ride...
2

SS396Chevelle said:
Oct 22, 2009 at 2:08 PM
He should have waited to see who will be in the #1 car first.
3

BILLFAN50 said:
Oct 22, 2009 at 2:31 PM
Speed TV needs to have a new program called Nascar Court TV. Two hours a day should cover all the cases.. Good point SS396.
4

jdxenterprises said:
Oct 22, 2009 at 3:21 PM
#3, do you think 2 hours is enough? The driver antics are one thing... then you have the contract disputes... and then you have the tracks suing for cup dates... and it is about time for another antitrust lawsuit... and maybe we will be seing some Motorsports Authentics lawsuits over unpaid royalties......
5

bmontecarlo99 said:
Oct 22, 2009 at 3:24 PM
I would tend to think they need somewhat of a "name" for the 1 car to even think of drawing sponsors or they truly will be a one car operation in 2010. Sure didn't take long for the house of cards to collapse. Whoever goes in it will just be a shill anyway the company focus will be totally on Juan Montoya.
6

Phoenix987 said:
Oct 22, 2009 at 3:49 PM
I thought that once the team that signed a driver dissolved- either by merging or whatever- the contract was voided? Either that or McCumbee should be filing a BoC claim against Petty Enterprises because he's still under contract with PE. If the drivers began to step up and hold the team owners to the contracts they signed, like Sadler did earlier this year and Almirola is doing now, we wouldn't see all of the Silly Season with drivers being shoved aside when they have contracts. Like him or not, Stremme was signed with Penske for 2010 and got booted for Keselowski. Sure he "reached an agreement" with Penske, but if he had taken them to court to keep his ride, he probably could have won.
7

Werner said:
Oct 22, 2009 at 4:05 PM
well here's a surprise... another lawsuit...
how did they ever do it back in the day when all they did was a handshake to make a deal...too many lawyers in the world...lol
8

leftturn said:
Oct 22, 2009 at 4:27 PM
NASCAR says they can do as they please, the team owners say they can do as they please and the drivers and crews can only say 'please'. Arrogance or ignorance? This sport is not a prime example of business today. Or is it?
9

zebsdad said:
Oct 22, 2009 at 5:36 PM
YEP, who wants to assume responsibility for anything? It seems as though it is always the fault of the other person or persons, whomever he/she or they may be. If it's your fault, own up to it and cut the BS.
10

NickDizzle7 said:
Oct 22, 2009 at 5:44 PM
Plain and simple, Poor Aric got forced out of his ride. a FULL TIME ride that was PROMISED to him. I'm not surprised at this. But he couldn't wait till the #1 seat was filled, he needed to take action now because it's obvious he won't be driving the car next year anyway. So why wait untill they've already moved on?
11

SD_User_007387 said:
Oct 22, 2009 at 6:05 PM
I'm sure the owners put outs in the contracts. In Stremme's case Penske probably had Stremme sign a performance based contract. So I would guess Stremme didn't meet expectations and was replaced.
12

mdhutton said:
Oct 22, 2009 at 6:15 PM
Aric left JGR less than amicably and now he's upset with EGR/DEI, and wonders why nobody will give him a job? See 'ya, son, you've killed what small chance you had at a driving career.
13

wmvjr1960 said:
Oct 22, 2009 at 6:18 PM
Did you guys forget about the drivers strike decades ago? Look what happened. Even then, mighty bully Nascar stomped them like a bug. How DARE you complain, you spoiled drivers... WE run the show..... we are POWERFUL. You are dirt. Don't forget it. Let this be a lesson to you. Shut up and drive, don't challenge us or you will end up like Jeremy, guilty or not.
14

jerryswiatek said:
Oct 22, 2009 at 7:30 PM
And #13 Carl Long, I'll never forget!
15

meanjoegreen59 said:
Oct 22, 2009 at 9:00 PM
It going to be a rough year for a lot of owners and drivers in 2010.Almiola has lost the slim chance he had to drive next year.
If you don't finish in the top ten a good percent of the time there a good chance you will be replaced. It happens in every sport.
16

JRSMOKEFAN said:
Oct 22, 2009 at 9:10 PM
Any driver can be fired just like any manager or coach can be fired, the team would still have to pay him what he is owed. Sadler knew that PE couldn't afford to pay him the 2 years that his contract was still good for. Of course it helps when both sponsors would have left PE if they fired him.
17

Fisha695 said:
Oct 23, 2009 at 12:13 AM
What's that saying, "Don't bite the hand that feeds"?

At the end of last season he was given the option to run a very limited schedule this year, or leave and go race for another team. He decided to stay. At the beginning of this season he was told that he had 7 races of sponsorship, and that he could run whatever 7 races he wanted and that they would try to find him more sponsorship so he can run more. He decided to run the first 7 in-hopes that he'd be able to get sponsorship, well he sucked it up and nobody wanted to sponsor him. EGR told him he was free to go find another ride if he wanted to. He found a truck ride for a few races and found a NNS ride for a few races (his last NNS race was for a Ganassi partnered team). EGR didn't have to let him do any of that, they could have made him sit all year, but they let him go look for a ride. And then he turns around and does this?

Hell there is a reason he got the treatment he got at JGR, he sucks. There is only one reason why he got the opportunity that he did, and that is the Racist and Sexist (towards white males) program known as the Drive for Diversity program.

Heck I remember hearing that he would show up for LMSC races with cars that had 5 times as much money in them and either stink or get DQ'd.
18

rwilliamhayes said:
Oct 23, 2009 at 12:26 AM
Let's sue it's the great American way.
19

dale said:
Oct 26, 2009 at 11:16 PM
Phoenix987, it all depends on the terms of the contract. Since each driver contract is different, no one can really say if he has grounds or not - unless they have read the actual contract.
20

dale said:
Oct 26, 2009 at 11:17 PM
Hey folks, NASCAR doesn't really have anything to do with this. The drivers are employees (or contractors) of the teams, not of NASCAR. It would be nice if some of you so-called "fans" would actually get a clue about some of this stuff.
21

xbrownsx said:
Oct 27, 2009 at 12:38 AM
I am sure Almirola thinks he's owed some money, based on the wording of his contract. Since none of us has seen a copy of it, you can't blame him for trying to get the money EGR owes him.
Sure, a driver can be fired at any time for lack of performance and expectations and goals expected. This wording is spelled out in the contract. If not, he shouldn't have signed it to begin with - I would think he has a business manager or personal law attorney that can read the fine print, law wording, and advise him accordingly.
However, it's possible EGR has a claus in the contract that says they have the right to fire you, without giving any reason. Many companies have this. Again, if that happens, provisions are provided in the contract - amount owed (if any) ect.
It should be interesting to see what comes of this, however Aric is putting himself in a "Catch-22" situation. He sues for money owed, but if it is an actual small amount, future teams will black ball him for driving their equipment, for fear he'll take them to court if he's not satisfied. Teams don't like this type of bad press, sponsors as well.