Fertig was part of plans for a faction to feud with The Undertaker in mid-2008, however, he underwent hip surgery in September, and the plans did not proceed. He competed in his final match in FCW on December 4, when he, Sheamus, and Gavin Spears were defeated by Joe Hennig, Johnny Prime, and Eric Escobar in a six-man elimination match. In January 2009, he was offered a new contract with WWE, but turned it down. As a result, WWE announced that he had been released from his contract by request on January 9, although his contract did not technically end until April 5, preventing him from wrestling for other promotions.