The status of Andrade has become a significant topic of discussion after his return to AEW on October 1 was abruptly halted. Andrade was released by WWE in September, reportedly due to a breach of contract related to the company’s Talent Wellness Policy, rather than as part of budget cuts.
He immediately appeared on AEW Dynamite, but his subsequent absence from television led to reports that WWE was enforcing a non-compete clause, potentially for up to one year, and was not paying him during this period due to the nature of his firing.
This situation has drawn criticism, and former WWE wrestler David Otunga, who is also a Harvard Law School graduate, believes the clause would not hold up if challenged. Speaking on his YouTube channel, Otunga explained that while WWE can include a one-year non-compete in its contracts, a judge would likely deem it invalid if the talent is not being compensated.
He argued that it is difficult to legally enforce a clause that prevents a person from earning a living in their chosen field for an entire year without pay.
WWE Non-Compete Is Unenforceable
Otunga detailed the problematic nature of such a clause, explaining the hypothetical risk it poses to talent. “Under this non-compete clause, technically, a talent could sign a contract, WWE could turn around the next day and fire them for no cause, and then say, ‘Hey, we’re not going to pay you for one year and you can’t wrestle anywhere else for one year.’
This is in the contract. This would be enforceable, presuming this contract is valid,” Otunga stated [h/t Wrestlepurists]. He then explained why WWE would likely want to avoid a legal challenge over the issue. “They don’t want talent to take them to court and challenge this because a judge would likely rule this invalid,” Otunga said.
“The fact that you’re preventing somebody from working to support themselves in their given field for an entire year and you’re not compensating them… I don’t know how they could enforce this.” AEW President Tony Khan has also been asked about Andrade’s absence but has remained vague, only stating he is “very excited to see what happens next with Andrade.”
