Big Contract Update On Andrade's wild AEW/WWE Situation

Andrade's situation is a mess.

After popping up in AEW in early October, Andrade disappeared and was pulled from indie bookings. Things were very quiet in the weeks that followed, until Wrestling Observer revealed that WWE sent AEW a cease and desist, indicating that he was still under contract to them.

Sources that we spoke with familiar with the situation said they didn't believe it was AEW or Andrade's fault. Rumors of the situation emerged internally last week, with the belief that WWE had just effectively told Andrade he was done, without any knowledge of a "non compete". At that point, Andrade began taking additional bookings and signed with AEW. He had a team of representatives speak with Tony Khan, and Tony and Andrade saw each other for the first time the day of his return. In the past, WWE's period of contract termination notice was referred to as a "non compete," but wasn't actually that, as the talent would get paid.

There were actual non competes in the past, such as Brock Lesnar when he left WWE in 2004. Per the terms of his release, he signed a non-compete for years, and wasn't getting paid. However, that didn't hold up in court. Lesnar even changed the name of his F5 finish to "The Verdict."

WWE staff, roster and sources also believed he was gone from the company with no additional time left on his deal ever since Andrade was fired by WWE. Under normal circumstances, WWE could technically ask him to come work upcoming TV, but that would undermine the wellness policy element of his departure. No agents we spoke to have ever heard of pay being docked during a wellness violation, either.

We're told by AEW sources that this absence did affect immediate creative plans for AEW Dynamite and WrestleDream, as did the unfortunate Kota Ibushi injury. However, there appears to be no bad blood towards Andrade, and the working plan is still for him to compete in AEW when the situation is cleared up. We'll be asking Tony Khan about this on today's media call.

Someone close to Andrade told Fightful he was in good spirits this week despite the situation, and was keeping it very quiet.

The short notes on this one

• Andrade is signed to AEW. There appears to be no bad blood there.

• There are still plans to use Andrade in AEW when available

• Andrade had to pull from additional bookings as a result.

• People in WWE were also shocked by this news.

• We can not confirm he's not being paid, despite reports.

• This did affect immediate creative plans, as did Kota Ibushi's injury

• Andrade could certainly fight it, and if extended for a year, he would and would certainly win.

UPDATE:

A number of people have indicated to Fightful Select that Andrade has a "very good lawyer," but didn't specify if he was fighting it. The 90 day period is often referred to as a "non compete," but is actually more of a notice of contract expiration as talent gets paid. PWInsider reported that Andrade would not be getting paid during that "non compete." The conflicting element is that almost any court situation to fight it would extend past the 90 days. However....that's where things differ from the norm.

Wrestling Observer reported that WWE has a clause in their contracts where a person at cause can be extended for a year. Fighful has learned the language of that clause.

"(b) Upon termination of this Agreement by PROMOTER for breach of the terms hereof, WRESTLER shall not work, appear, or perform in any capacity for any professional wrestling, sports entertainment, mixed martial arts and/or ultimate fighting organization, promotion or entity not owned or controlled by PROMOTER (or any affiliated or subsidiary company thereof) in the United States for a period of up to one (1) year from the date of such expiration or termination, as specified by PROMOTER in the notice of termination; provided, however, that if no lesser period is specified by PROMOTER in the notice of termination, such period shall be one (1) year."

There is also a follow up that says:

"12.4 In no circumstances, whatsoever, shall either party to this Agreement be liable to the other party for any punitive or exemplary damages; and all such damages, whether arising out of the breach of this Agreement or otherwise, are expressly waived."

If fought in court, this would almost certainly be thrown out.