Martin excluded NFLPA from meeting with him, Cornwell and investigator Ted Wells | Page 4 | FinHeaven - Miami Dolphins Forums

Martin excluded NFLPA from meeting with him, Cornwell and investigator Ted Wells

ATL_PHIN_FAN said:
Yeah, but the NFLPA represented the best chance of early arbitration for both players IF this was just a dispute between THEM, with good intentions all around. I think it confirms the Martin camp is going after the NFL itself, as mnphinfan suggests.
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I agree with that. The NFLPA could have played an early role, and, depending on how the NFL report comes down and upon whom the brunt of the blame is cast, the NFLPA will likely have to play a later role defending either Martin or Incognito.

The case raises some interesting questions. For the past couple of days, I've been trying to figure out the answer to one question in particular...
Let's assume for a minute that Martin left the team without giving the Dolphins some indication that he had a problem with harassment in the workplace, as many here have asserted. Did Martin have a legal responsibility to tell the organization he was feeling harassed. I've read through some pages on the EEOC government website and could not find anything that gave me the impression Martin had a legal responsibility to go to management. The language the site used was that the employee is "encouraged" to approach management. If Martin had a legal responsibility to inform the organization, I would expect to find something at the EEOC site that said that.
 
This is not just a dispute between the players, it's much bigger than that. The possibility that a code red was authorized/ordered by coaches/management means that there are much broader implications. Incognito has a history of getting into trouble on and off the field. Knowing this, it will be interesting to learn who sanctioned the tough love to Martin. My hunch is the O-line coach. The spotlight will be on the club and the NFL to address improper behaviour masked as "boys just being boys". Make no mistake, this is a landmark case.
 
JTC111 said:
I agree with that. The NFLPA could have played an early role, and, depending on how the NFL report comes down and upon whom the brunt of the blame is cast, the NFLPA will likely have to play a later role defending either Martin or Incognito.

The case raises some interesting questions. For the past couple of days, I've been trying to figure out the answer to one question in particular...
Let's assume for a minute that Martin left the team without giving the Dolphins some indication that he had a problem with harassment in the workplace, as many here have asserted. Did Martin have a legal responsibility to tell the organization he was feeling harassed. I've read through some pages on the EEOC government website and could not find anything that gave me the impression Martin had a legal responsibility to go to management. The language the site used was that the employee is "encouraged" to approach management. If Martin had a legal responsibility to inform the organization, I would expect to find something at the EEOC site that said that.
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Unless Martin can later prove in court that there was good reason to NOT approach management about harassment, I don't think that will sit well with a judge or jury, even if it isn't technically illegal to bypass management as a part of the process. Therefore, as long as Dolphins management, the NFLPA and the NFL provided Martin with recourse he chose not to take for what appears to be arbitrary reasons, his case will be very weak for harassment, whether any actually occurred or not.
 
ATL_PHIN_FAN said:
Unless Martin can later prove in court that there was good reason to NOT approach management about harassment, I don't think that will sit well with a judge or jury, even if it isn't technically illegal to bypass management as a part of the process. Therefore, as long as Dolphins management, the NFLPA and the NFL provided Martin with recourse he chose not to take for what appears to be arbitrary reasons, his case will be very weak for harassment, whether any actually occurred or not.
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Playing make-believe lawyer and facing that problem, if I'm Martin's attorney, I'd take this tack:
  1. Bring in an expert to establish that it's common for victims of bullies to attempt to ingratiate themselves with the aggressor.
  2. Introduce the texts/emails/whatever showing Martin trying to ingratiate himself to Incognito.
  3. Have Martin testify that he sent those texts/emails/etc. for that purpose.
  4. Call the teammates that witnessed what was going on and indicated to the NFL investigator that they were in any way uncomfortable with it.
  5. Call whatever coaches I need to establish that either they were aware of the questionable things happening that made players uncomfortable, or that they were oblivious as to what was going on in the locker room/workplace.
  6. Call Ireland and force him admit to the jury that, by law, providing a safe and non-hostile work environment is the responsibility of management.

Now some of what I just described is dependent on whether some of the leaks we've heard in the media are true, but while I think you have a valid point, I think, from a legal standpoint, the problem can be overcome.

That said, my feeling is that both sides will want to settle this out of court because both sides have too much to lose. Martin risks whatever money and football career opportunities might still be on the table, and the NFL risks possibility of a class-action law suit either through the expansion of this case or, should the NFL lose, certainly following this case. They also risk having the courts involved in making and/or defining NFL rules. So in the end, I'd bet it gets settled and we see the institution of some new rules regarding minimal standards of behavior to prevent this from happening again.
 
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