Brooklyn Nets' Ben Simmons files grievance to challenge nearly $20 million withheld by Philadelphia 76ers

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According to sources, Brooklyn Nets guard Ben Simmons has filed a grievance to challenge the nearly $20 million of salary he was not paid by the Philadelphia 76ers this season.

The issue of mental health and NBA contracts could have larger league implications if the grievance goes to an arbitration process.

Simmons was in violation of his contract under the collective bargaining agreement between the NBA and National Basketball Players Association and had the right to recover the money he was paid before the season. The NBA and NBPA have been at odds on this issue, and now the issue could be decided by the courts.

Sources said the filing was made with the team, NBA and NBPA.

Simmons failed to show up for the start of training camp and refused to play during the preseason and regular season, which the 76ers said was a violation of his player contract. Simmons arrived in Philadelphia at the end of the preseason and cited his mental health as the reason for his limited participation in team activities.

Simmons and the 76ers disagreed over the degree of access that the team and its doctors were given to diagnose Simmons with and affirm his mental health.

Sources said that Simmons representatives had several conversations with the 76ers since the blockbuster trade to Brooklyn for James Harden. Sources said that the talks ended without a resolution.

Simmons had a falling out with the team after a poor performance in the Eastern Conference Finals and requested a trade in a meeting with his agent. Simmons has been one of the league's top defenders and signed a five-year, $170 million maximum contract in 2019.

Philadelphia began clawing back the per game salary of $360,000 for each game Simmons missed this season. Simmons received a $16.5 million advance of his $33 million salary in the off-season and there wasn't enough money in his paycheck to cover the per game deductions.

The 76ers had been withholding more than one million dollars of Simmons' salary because of the NBA not releasing the full amount of the escrow. The trade to the Nets made it necessary to deduct salary from Simmons pay to wire it to the 76ers, sources said. The deductions should be carried over to the off season because Simmons last paycheck is on April 30. Again. Simmons will get an advance of $8.25 million on July 1 and October 1.

The NBA's collective bargaining agreement states that a grievance must be initiated within 30 days from the date of occurrence upon which the grievance is based, or within 30 days from the date facts of the matter become known to initiate the grievance.

Simmons was traded from Philadelphia to Brooklyn six weeks ago, but his representatives believe the trade did not cause a 30-day window to initiate a grievance because the issue had been ongoing all season.

Simmons hasn't played a game for the Nets this season. He had a back injury that made it difficult for him to get in shape for his debut with the Nets. Simmons received an injection to treat a back injury last month. During the trade discussions, it was disclosed that Simmons had a back issue, but it did not pose a long-term problem for the Nets.

Simmons was injured during the spring of 2020. He reported back pain when he reported to the training camp. He was cleared to resume basketball activities after the injury was assessed and treated by the team doctors. Philadelphia did not find Simmons in violation of his contract during that period of time.