Patriots Putting Josh Gordon on IR Was Apparently an Attempt to Exploit a CBA Loophole
By Scott Rogust
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The New England Patriots made a rather shocking decision on Wednesday afternoon. The team placed wide receiver Josh Gordon on injured reserve due to his lingering knee issues, even though the talented wideout expects to return soon. Yet, even with that development included in the conversation, the Patriots plan to waive him, confounding nearly everyone.
Is...is something off here?
According to Jason Fitzgerald of Over the Cap, the Patriots appeared to try and exploit a loophole in the NFL's collective bargaining agreement with their decision to place Gordon on IR against his will.
Some thoughts on the #Patriots decision to IR Josh Gordon to possibly exploit a bit of a CBA loophole https://t.co/NlcPlZ1fQU
— Jason_OTC (@Jason_OTC) October 23, 2019
Fitzgerald says that Gordon's knee injury is considered very minor, and that the team placed him on injured reserve in order to create a roster spot for recently-acquired receiver Mohamed Sanu.
Things only get more interesting, as Gordon was a restricted free agent, whom the Patriots signed to a one-year, $2.205 million tender. Due to his restricted status, his termination pay is guaranteed after just three games, as opposed to the six-game minimum for an unrestricted free agent.
With his contract guaranteed, and if he were deemed eligible for waivers by the league, whichever team claims him would be responsible for Gordon's remaining $1.08 million salary. That is exactly what the Patriots want, as they are strapped for cap space. Since all this will take place after Tuesday's trade deadline, the only path out for Flash would be the waiver process; he wouldn't be able to easily dictate a destination.
One possibility to mention/update: the Patriots could negotiate an injury settlement off of IR with Josh Gordon, which would then open the door to him signing with another team and paying again this season once healthy. https://t.co/aXdi3nW711
— Field Yates (@FieldYates) October 23, 2019
As Fitzgerald says, this is all dependent on whether Josh Gordon is deemed waiver wire eligible.
Regardless, Gordon will soon find his way onto another team in desperate need of wide receiver depth, and we'll chalk this up as just another shady Pats move that most teams in the league wouldn't be ruthless, confounding, or cunning enough to try.