Former Dolphins scout threatening to sue the team after contract not renewed | Page 6 | FinHeaven - Miami Dolphins Forums

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

I would think the biggest issue about suing the NFL on bullygate for not doing anything, is that the NFL doesn't have to do anything. It was a team matter, and the team took care of it. The NFL just happens to think some of the players need to be evaluated. If some people aren't satisfied with that, oh well. Nothing illegal happened. What's happening is that people are jumping to conclusions right off the bat again, when news breaks, just like everyone making a huge deal about bullygate when it first broke, because the media was spinning it all to be the most horrible thing in the world.
 
Not much info there.

I looked it up, ...but I couldn't find any "title 29 of the ADA." There is none, exactly. What that is, is a regulation from the dept of labor. Title 29 is a broad set of labor regulations. Chapter 14 has a section for the EEOC which provides for some regulations regarding the ADA. The regulation protects qualified employees against discrimination if they have a disabled family member. But the word qualified is subjective. Are you a qualified employee if you want to "work" 100 miles away, or live in another state? I guess that's up to the courts to decide, but there is no regulation or law that requires employers to let disabled employees work from home. That's not a required accommodation.
 
truedolfan57 said:
I would think the biggest issue about suing the NFL on bullygate for not doing anything, is that the NFL doesn't have to do anything. It was a team matter, and the team took care of it. The NFL just happens to think some of the players need to be evaluated. If some people aren't satisfied with that, oh well. Nothing illegal happened. What's happening is that people are jumping to conclusions right off the bat again, when news breaks, just like everyone making a huge deal about bullygate when it first broke, because the media was spinning it all to be the most horrible thing in the world.
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They aren't suing the NFL over bullygate, they are just trying to set a narrative where the Dolphins and NFL have a institutional pattern of discrimination. Unfortunately, our beloved team has had too many knuckleheads that have painted this air of dysfunction and discrimination to outside observers. But of course, anyone in a position of leadership on this team, whether its the HEAD coach or the Owner, are completely faultless for the streams of bad press emanating out of Davie over the past several years. They sure have rotten luck for such exceptional leaders!
 
PyroDOLFAN said:
The Dolphins didnt pull it from their plan anymore than every single Damn insurance company across america. You can Blame ObamaCare for that, my health insurance tripled this year thanks to him. If anyone should be sued for this particular purpose it would be the Government.

And the way I see it, he has worked 17 years and produced what? If a new GM wants different scouts, so what? Its a right to work state anyway, Life sucks sometimes, man up and get a new job and stop F#$king with the judicial system like every other cheap bastard who has a sense of entitlement from everyone who makes more than them. I hate this polical BS
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Hates political BS. Makes a political point in his post. Logic. My health insurance went down and got better FWIW.
 
SkapePhin said:
They aren't suing the NFL over bullygate, they are just trying to set a narrative where the Dolphins and NFL have a institutional pattern of discrimination. Unfortunately, our beloved team has had too many knuckleheads that have painted this air of dysfunction and discrimination to outside observers. But of course, anyone in a position of leadership on this team, whether its the HEAD coach or the Owner, are completely faultless for the streams of bad press emanating out of Davie over the past several years. They sure have rotten luck for such exceptional leaders!
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It think it's crappy for him to pile on that narrative just because he wants to live in central florida. He's betting they won't want the bad press and it's worth it to just keep him on the payroll.
 
HoneyB said:
It think it's crappy for him to pile on that narrative just because he wants to live in central florida. He's betting they won't want the bad press and it's worth it to just keep him on the payroll.
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Ya, it does have an extortionist feel to it, but that still doesn't negate the fact that Hickey and the organization screwed up in the first place, either by not expressing the reason for his dismissal properly or for firing him reasons other than his performance or abilities. This franchise cannot escape its own fetid shadow...
 
best part of the story is that after openly trashing the team he asks for his job back lol
 
SkapePhin said:
Ya, it does have an extortionist feel to it, but that still doesn't negate the fact that Hickey and the organization screwed up in the first place, either by not expressing the reason for his dismissal properly or for firing him reasons other than his performance or abilities. This franchise cannot escape its own fetid shadow...
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I still can't see it. Who cares if they fired him because of performance or because they no longer had a need for a stay at home scout?? Unless they have several others who ARE stay at home scouts, then giving the reason of no longer needing a stay at home scout would be a reason for removing that position. No need for Hickey or anyone else to make something up if the real reason was truely that he no longer had a need for him.

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uk_dolfan said:
beast part of the story is that after openly trashing the team he asks for his job back lol
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Yeah I thought about that too, but if he does get his old job, at least he won't have to come in and be around them every day. He gets to stay at home...
 
truedolfan57 said:
you know what, I had a large paragraph that I was about to submit, but you are not worth the common sense that needs explaining, so I deleted it.

also, I said "I'm guessing", therefore it's my opinion on why a new gm would fire a scout working from home. So no one is right or wrong, as it's my opinion, not stating a fact that that was the reason.
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In other words, you didn't have a response.
 
My company offers insurance for companies surrounding their employment practices among other types of coverage. Working remotely is widely seen is a privilege and a working perk. A company has the right to adjust that as they see fit. Since working from home is not protected the reality is they can often offer the choice of returning to the office or lose their jobs as a way of constructively terminating an underperforming employee as many can't change those work arrangements. This is assuming the Dolphins gave Sullivan the opportunity to return to the office. The kicker would be if they continued to allow other workers in a similar role the opportunity work from home. If that is the case, they would need to show additional cause.

Otherwise from a risk management perspective, most companies have a process loosely called a "performance improvement plan" which is a long tedious process of proving the employee is in fact incapable of doing the job well. That way, when and if they sue, you have a documented proof over a period of 2-3 months that they officially did suck. By forcing the return to the office, there is no need to go through this process.

Finally, as far as the reduction in Healthcare coverage, it's not discriminatory if it is blanketly applied among all workers. I suppose if Sullivan can actually prove that the Dolphins drove the process to reduce healthcare likely provided by a third party Insurer and where is specifically targeted Sullivan's wife, they there could be something there. Highly doubt there will be a smoking gun there. Keep in mind it is possible that many Insurance carriers are refusing to continue to cover that specific drug for a variety of reasons which can range from pure loss ratios to scientific and medical acceptance of the drug itself.

I find it unlikely the Dolphins, given their recent very public workplace embarrassment with Martin-Incognito, would not have been very conservative with this and likely consulted legal employment counsel prior to moving forward. However, the Phins have proven to defy logic over the last 20 years, so nothing would surprise me. My guess at the end of the day is that Sullivan and his lawyer know Miami's recent history will likely force them to consider a significant dollar figure settlement to make this go away.
 
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SkapePhin said:
Ya, it does have an extortionist feel to it, but that still doesn't negate the fact that Hickey and the organization screwed up in the first place, either by not expressing the reason for his dismissal properly or for firing him reasons other than his performance or abilities. This franchise cannot escape its own fetid shadow...
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Maybe he check with the legal dept and they said there's no protection in this case, and it's not applicable,.. but I get your point, just tell the employee you're not satisfied with job performance.
 
although, maybe they did him a favor, if it was because of performance, it might be harder for him to find a job elsewhere...
 
Hayden Fox said:
By the way, in my analogy, the teacher is equal to the scout in this situation….not the student to the scout.

Therefore, the teacher is more than likely at a school or some learning institution ie. a workplace...conducting the online class. Which in turn makes your criticism of my take quite lame.
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Yeah, I made it pretty clear that I understood who you compared to who. You've clearly never taken an online class nor taught one. Hell, I was just on Skype earlier today talking to one of my professors and she most certainly wasn't in a campus office. Working from home isn't exactly a new thing, let alone unheard of (though it apparently is to you). MANY companies do it, particularly now with modern technology that not only makes it easy, it saves the companies money.
 
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