Last week Aric Almirola filed paperwork with the North Carolina Superior Court indicating he may have a breach of contract dispute with Earnhardt Ganassi Racing with Felix Sabates.
According to SceneDaily, which reported on the filing, Almirola indicated a breach of contract and unfair and deceptive trade practices. The filing gives Almirola until November 5 to file a complaint.
Almirola, who had been signed with DEI prior to the merger, drove the #8 car for seven races this season before the team was shut down due to a lack of funding. EGR has been working all season to get the car and Almirola back on track, and at one point we heard they had a sponsor signed, but they never received the money.
For his part, Almiorla has been running sporadic races with Billy Ballew, Key Motorsports and Phoenix Racing.
From where I stand this looks like a situation where Almirola has been told he won’t get the #1 ride. I’m guessing Bass Pro Shops is not the least bit interested in him. I know Chip Ganassi isn’t interested in giving another untested driver another shot in one of his cars (he’s been bit one too many times). Almirola really never had a chance.
Reminiscent of Elliott Sadler’s strong arming in the off-season, I’m guessing Almirola is looking to see where he stands. I’m not sure if he’s been offered a buyout and I have no idea if he has a leg to stand on here, but I think whatever the case, this is a bad move.
People don’t forget when you do stuff like this, especially around here. I think Sadler’s situation is a little more forgivable because he was presumably being forced out of his ride. He was desperate and in a very bad situation because of timing. Not the case here.
Almirola lost his ride because there was no money (that was seven months ago). He knew the situation going into it (no, he wasn’t forced out). On top of that he had a very lackluster seven races. He had an average finish of 32.8. His best finish was a 21st at Atlanta (for some reference during the same period Martin Truex had an average finish of 22.8 and Juan Montoya, 15.8). It’s not too easy to sell sponsorship when your driver is consistently running in the back.
Almirola won’t be driving the #1 car next year. He may get some cash from EGR, but you tell me if that’s worth forever being ‘that guy’. Let’s hope this gets settled before a suit is brought.
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on Oct 23rd, 2009 at 4:59 am
One of those guys you were talking about who needs to be running in a lower series! Seems like the problems always come from these guys…
on Oct 23rd, 2009 at 7:11 am
I share your concern as to why Almirola would do this. Litigation between driver and a team is still taken in NASCAR as a sign that a driver is difficult, and that’s never a good reputation for someone who’s just starting his career. For his sake, I hope Almirola is getting good professional advice in this matter.
But maybe there’s more to this story, and there are facts that will come out if this case ever hits the discovery or trial stage. If Almirola can prove that EGR did not operate in good faith under the terms of their contract, he might just win. There may also be facts that EGR will not want to become public knowledge. I’m going to try to keep an open mind about this situation until we learn more.
on Oct 23rd, 2009 at 8:04 am
I believe, and I could be wrong, that filing papers is a way of saying, “Hey I might sue, but I hope we get this settled before it comes to that.”
I think that EGR will probably settle this dispute quickly and quietly, but I think Almirola will come out of this looking bad. Maybe not publicly but certainly in the garage area to team owners.
Almirola wasn’t really lighting any fires despite running for solid teams (Joe Gibbs Racing and Dale Earnhardt Inc). He’s got a win, but it was with Hamlin behind the wheel (he started the race, Hamlin took over.) So, this, I think, will hurt his not-so-great career. I doubt we’ll see him with a powerhouse team again.
on Oct 23rd, 2009 at 9:47 am
I assumed he’s doing it because Teresa/EGR were hindering him from getting a new deal. Its been widely reported he’s driving for Billy Ballew fulltime in 2010. Don’t think he’s the least bit interested in 1 car.
on Oct 23rd, 2009 at 11:10 am
If Aric is owed money per his contract, then he should be paid. If not, he shouldn’t. Since we don’t see the contract (yet), it’s hard to pass judgement either way.
That being said, rest assured all of Ganassi, Felix and DEI have plenty of coin…with or without sponsorship to run Almirola.
Maybe if Aric can rightly claim his stake, other owners might see him as someone who has talent and fights for what’s rightly his. Used to be that was a positive quality!
Does the name “Aric” bother anyone else but me?
on Oct 23rd, 2009 at 12:49 pm
Like ‘Lead Lap’ said, he hasn’t filed a lawsuit yet. My guess is that he has some real valid reasons for raising the issue to the next level and that he wants EGR to know that he expects them to honor their promises or at least negotiate a compromise.
As far as how other car owners would view this deal, all I can say is that you have to look at the source – Almirola came into this through the ‘E’ part of the EGR equation – Theresa Earnhardt. I don’t think there are many fans who would accuse Almirola of being difficult or a whiner, not after what happened with Little E in the house his Daddy built.
Looking at it another way, nobody seems too worried about hiring Kasey Kahne, even though he ended up jilting Ford back in his early years in order to bolt to Ray Evernham’s shop. Talent overcomes the stigma, in my experience.
on Oct 23rd, 2009 at 3:13 pm
I know Aric and he is a REALLY good young man with good values. I can assure you that there must be some facts that we haven’t heard about all of this.
I also hope that this gets settled quickly and it doesn’t taint his reputation.
I also will reserve judgement on this until we learn all the facts.
on Oct 23rd, 2009 at 8:52 pm
Perhaps his NASCAR career is over and he just needs a little cash to go back to where he came from.
on Oct 23rd, 2009 at 10:46 pm
I love Aric to death, and I’m not sure what this is about, but I think it all kinda sucks. EGR was unstable when they signed his contract in early 2009, and this is what happens when an unstable company pushes in the positive direction rather than braceing for the worst, much like the Sadler situation. I hope they get it all worked out. I for 1 have been LOVING watching Aric have some incedible runs in the truck series! He’s my championship pick in 2010 if he can sucure sponsorship!
on Oct 24th, 2009 at 5:13 pm
There are a number of possibilities in this litigation. Almirola may need to file something to preserve rights. DEI and/or EGR may owe him something or have a contractual obligation to him that they have not met. They may hold an option on him for 2010 that is preventing him from signing elsewhere. We probably won’t learn unless and until a suit is filed, claims are made, and the contract is made public. It is probably a business decision rather than a sign of being difficult and hostile that could mar Almirola’s career.