Former Dolphins scout threatening to sue the team after contract not renewed | Page 15 | FinHeaven - Miami Dolphins Forums

Former Dolphins scout threatening to sue the team after contract not renewed

J-mart's mom is Assistant Legal Counsel for Toyota US. She is in the big time - corporate law
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SPIKE: wow dude. i really didnt think i needed to put a winy or smiley after such an OBVIOUS case of sarcasm.

but, i guess i was wrong. i'll keep you in mind next time. :chuckle:
 
I feel back for this Sullivan guy losing his job, especially with a terminally ill wife and being that its the only job he's had for his entire professional career, but there's no doubt in my mind that this is an attempt to leverage the Dolphins for money.

One thing I noticed in that article is that he is also suing the NFL, which would be an uninvolved 3rd party.
 
Now he's bringing Don Jones' tweet into this? How is the act of one player (who was disciplined by same said organization) indicative of "recent history of discrimination by the Dolphins" as he puts it? This guy should be ashamed of himself.

My company's contract was put up for RFP and all 64 of members of my team my be out of a job soon. I wasn't aware that we could sue the company for not renewing our contract? Actually...now come to think of it ...maybe I should use the fact that I'm a minority as the reason why our contract wasn't renewed!!!! I knew this story had a special feeling!
 
Zounds said:
I feel back for this Sullivan guy losing his job, especially with a terminally ill wife and being that its the only job he's had for his entire professional career, but there's no doubt in my mind that this is an attempt to leverage the Dolphins for money.

One thing I noticed in that article is that he is also suing the NFL, which would be an uninvolved 3rd party.
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I had felt bad for him too - until I found out that he wasn't a terminated employee and with full knowledge of his contract expiring, chose to try to embarrass the Fins thru extortion and blackmail to get them to rehire him instead of selling his supposed skillset to one of 31 other teams. I do feel bad for his wife, but this guy seems to be an exploitative douche-bag who viewed the opportunity to scout for the team not as a privilege but rather as guaranteed civil service employment. As someone else pointed out, given no legal ground on which to stand and a willingness to sue and embarrass his employer, good luck getting hired elsewhere.

Mods for the sake of accuracy, can you please change the thread title to: "Non-renewed Contractual Scout Threatens.........."
 
The fact that his contract wasn't renewed does not by definition mean he has no case. Several federal circuit courts -- though not all -- have already ruled that non-renewal of a contract is equivalent to termination (or "adverse employment action").

I'd love for a labor lawyer to chime in (if any post here), but I found this on a labor lawyer Web site. It's about a teacher who's contract was not renewed:

Leibowitz sued in federal district court, claiming that the decision not to renew her contract constituted gender and age discrimination. The school asked the court to dismiss the claims. It argued that Leibowitz failed to establish her case because non-renewal of her term contract was not an adverse employment action since the contract merely expired by its own terms. The district court agreed that Leibowitz failed to show that the school had a policy of granting tenure to term employees, and since Leibowitz did not have a guarantee of lifetime employment, she suffered no material adverse change in the terms of her employment when her contract expired and the school did not renew it. Leibowitz appealed.

The U.S. Court of Appeals for the Second Circuit saw the case differently and held that the school's decision not to renew Leibowitz's contract could constitute an adverse employment action. In reaching this conclusion, the Second Circuit defined "adverse employment action" for purposes of both the Age Discrimination in Employment Act and Title VII as "more disruptive than a mere inconvenience or an alteration of job responsibilities" to include "termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices . . . unique to a particular situation." The Court explained that where renewal of an employment contract is sought by an employee, non-renewal alone could constitute an adverse action.

Many – But Not All – Courts Agree: Non-Renewal Is The Same As Termination

In the Leibowitz case, the Second Court cited decisions of the Third, Sixth, Seventh and Tenth Circuits, and several district court decisions, where those courts expressly concluded that non-renewal of an employment contract satisfies the adverse-action requirement. Some circuit courts, such as the Ninth circuit, have yet to consider this precise issue. Other courts have simply adopted with little analysis the parties' express or implicit agreement that non-renewal of a contract is an adverse employment action.

Only a few courts have found non-renewal of an employment contract not to be an adverse employment action. For instance, in California, an employee whose fixed-term contract is not renewed cannot state a common law tort claim for wrongful termination in violation of public policy. Illinois state courts have held similarly. Significantly, these cases did not concern statutory discrimination or retaliation actions.
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http://www.laborlawyers.com/does-not-renewing-a-teachers-contract-risk-an-employment-lawsuit
 
Vaark said:

Mods for the sake of accuracy, can you please change the thread title to: "Non-renewed Contractual Scout Threatens.........."
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Tried to edit the title , but only changed the header in my first post. Must be a time limit on changing the title for non mods. :idk:
 
Does the ADA apply to a person's relative who is disabled?? Can you sue if you re caring for your girlfriend's sister's Uncle who has Alzheimers. I feel for this Dolphin's employee, but there is something called "reasonable accomodations."
 
This may be an obvious observation, but if it's not necessary for him to live in Miami, then that means it's not necessary for him to live in Denver, or San Francisco, or Houston or anywhere else there's a franchise. There's 32 teams he can work for from home, so what's the problem?

I guess I just don't understand this concept of perpetual employment with one company.
 
HoneyB said:
This may be an obvious observation, but if it's not necessary for him to live in Miami, then that means it's not necessary for him to live in Denver, or San Francisco, or Houston or anywhere else there's a franchise. There's 32 teams he can work for from home, so what's the problem?

I guess I just don't understand this concept of perpetual employment with one company.
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Excellent point. And as a scout associated with several past regime failures, knowing that his contract expiration coincided with the installation of a new GM, shouldn't he have been proactively keeping his options open by looking for other jobs instead of thinking that because he's been teflon in the past, the new bosses will automatically consider him untouchable too?
 
Vaark said:
Excellent point. And as a scout associated with several past regime failures, knowing that his contract expiration coincided with the installation of a new GM, shouldn't he have been proactively keeping his options open by looking for other jobs instead of thinking that because he's been teflon in the past, the new bosses will automatically consider him untouchable too?
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That's what I've been thinking all along. You move away from your job. Your employer feels bad because your wife is ill so they keep you on the payroll for 10 years and you keep getting grandfathered in....wouldn't you use that time to look for a more suitable arrangement for yourself and your family? Or do you just sit back and assume that arrangement is never going to change.
 
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