Martin to meet with Dolphins soon to discuss future with team

[JTC111]

I would think the issue of a "hostile work environment" would be defined somehow in the CBA regarding how that would be handled. And since this is still a workplace incident, it might require to be an EEOC complaint.

The CBA can't trump federal law. And as far as I know, there's no EEOC prerequisite before a person can bring suit, although it could possibly have some bearing on the strength of the case.

So I don't think it is a quick leap to a lawsuit.

...for either side. Anytime you go into court, there's a possibility you can lose badly. It's in the best interest of both the team/league and Martin to settle this as amicably as possible. The league risks having a judge dictate locker room behavior rules and Martin risks any chance at salvaging his NFL career.

As an employer, you typically get yourself in trouble when you know about a situation like this and don't take steps to correct or prevent it. In this case, you have the claimant (Martin) admitting he didn't tell anyone.....so this seems to be an uphill battle regarding legal action (my opinion).

An ignored complaint would certainly make for a stronger case but a good lawyer will argue that participation by Turner in some of the objectionable actions indicated to Martin that he's receive no help in resolving the problem and that it could worsen the harassment.

Regarding his issues, I'm not convinced that his lack of success on the field isn't a big part of his behavior. The Wells report seems to take Martin's view of why he left the team on its face value and doesn't explore the fact that his demotion back to the right side and his lack of success on the left side might also be contributing factors to his ultimate implosion. Again, just my opinion, but from what I read, his "feelings" go back to 2012 when the whole leadership council of Bush, Dansby and Long were all there.

The report is what it is. For the team or the league to sue Martin, they'd have to discredit the report that THEY commissioned. Good luck with that strategy.

 

[Phishpunk@WCU]

trade him to San Francisco or Indianapolis or whatever team will give us a conditional 7th round pick for him and be done with him.

 

[butta247]

Dude was horrible regardless of bully gate. I was hoping he would blow a knee before bully gate even started to help our team. Addition by subtraction

 

[utahphinsfan]

...for either side. Anytime you go into court, there's a possibility you can lose badly. It's in the best interest of both the team/league and Martin to settle this as amicably as possible. The league risks having a judge dictate locker room behavior rules and Martin risks any chance at salvaging his NFL career.

Agreed. Richie's side can IMO introduce enough reasonable doubt to make Martin look like the fool he truly is.

 

[Geforce]

A key point from Wells:

Except that the NFL's report confirms workplace harassment. The Fins and the league would like to avoid that lawsuit, and if Miami sues Martin, they force the harassment case into court.

The report also stated this

“Although we find that Martin left the team due in part to the verbal abuse directed at him, we also find that Incognito, Jerry and Pouncey did not intend to cause Martin to leave the Dolphins or inflict lasting emotional injury.

"Martin was a starting tackle on the Dolphins offensive line, so inducing him to leave the team would be harmful to his teammates’ competitive prospects, and they undoubtedly wanted to win. Plainly, Incognito, Jerry and Pouncey intended to get under Martin’s skin, and they certainly appear to have been insensitive to the significant emotional pain they were causing. But we do not believe that they deliberately were trying to goad Martin into taking drastic action, such as leaving the team.”

 

[JTC111]

Agreed. Richie's side can IMO introduce enough reasonable doubt to make Martin look like the fool he truly is.

....and vice versa.

The report also stated this

“Although we find that Martin left the team due in part to the verbal abuse directed at him, we also find that Incognito, Jerry and Pouncey did not intend to cause Martin to leave the Dolphins or inflict lasting emotional injury.

"Martin was a starting tackle on the Dolphins offensive line, so inducing him to leave the team would be harmful to his teammates’ competitive prospects, and they undoubtedly wanted to win. Plainly, Incognito, Jerry and Pouncey intended to get under Martin’s skin, and they certainly appear to have been insensitive to the significant emotional pain they were causing. But we do not believe that they deliberately were trying to goad Martin into taking drastic action, such as leaving the team.”

True, but neither of those conditions are prerequisite to establishing workplace harassment. One doesn't have to feel forced to quit a job to bring suit, nor does one need to suffer "lasting" distress.

 

[Canadianfishfan]

I expect this all to go away.

Martin will get paid.

Mommy has made sure of that. It's what she does.

 

[Geforce]

....and vice versa.




True, but neither of those conditions are prerequisite to establishing workplace harassment. One doesn't have to feel forced to quit a job to bring suit, nor does one need to suffer "lasting" distress.

This is not about establishing workplace harassment, this is about a potential lawsuit Martin may try to bring against the Miami Dolphins and the NFL.

 

[JTC111]

This is not about establishing workplace harassment, this is about a potential lawsuit Martin may try to bring against the Miami Dolphins and the NFL.

Isn't workplace harassment what he'd be suing over?

 

[Geforce]

Isn't workplace harassment what he'd be suing over?

The problem with Martin trying to sue over workplace harassment is that he never told anyone. While Coach Turner and Assistant Coach Mosley may have known about the teasing/harassment of Martin, Jonathon never told them it was a problem. Martin never filed an internal complaint against anyone. Martin never told the head coach, assistant coaches, general manager, human resources or the owner that he was being harassed. He never gave management an opportunity to rectify the situation.

I think this is one of the reasons some thinks the Wells report is biased/slanted in it's conclusions.

In a harassment case, for example, your ability to hold the company liable (rather than just the individual person who harassed you) hinges on whether the company knew about, and had an opportunity to remedy, the harassment. If you are being harassed by a manager and the end result is a tangible job action against you (such as being fired, demoted, or denied a raise), the company will be liable. However, if you are being harassed by a coworker, or by a manager who doesn't take this type of work-related action against you, the company can claim that it did not know about the harassment. By making an internal complaint, you are changing that situation: The complaint puts the company on notice of the problem and makes it liable for fixing it.

http://www.nolo.com/legal-encyclopedia/suing-harassment-discrimination.html

 

[utahphinsfan]

....and vice versa.

True. But, Richie already has a well documented history of being a walking colostomy bag.

 

[JTC111]

True. But, Richie already has a well documented history of being a walking colostomy bag.

I think you may have just complimented him. :lol2:

 

[JTC111]

The problem with Martin trying to sue over workplace harassment is that he never told anyone.

While I agree that weakens any case he might bring, it's not a prerequisite to bringing suit. AFAIK, the law doesn't require a person to notify anyone in order for the harassment to have happened. If it does, I don't remember having read anything on the EEOC site that confirmed that. But I read that stuff way back when this story broke, so I could be wrong on that. I'd be surprised if that was the case though, because you'd think his mother would have warned him at some point, knowing he was unhappy and thought he was being mistreated, that he had an obligation to report the abuse to someone. If it is the case, it blows up the theory many here have held in that Martin's mother has manipulated this entire thing.

Despite Martin's weakened case, however, I doubt very much the Dolphins would want to fight it out in court. The things that were said and texted are pretty vile. Unless they pick the jury pool from a select few Finheaven posters, that crap isn't going to play well in court, especially if the jury is made up of women in some significant part. Bringing in ex-players to say it's normal won't work because Martin's team will bring in just as many to say it's over the line.

Turner is probably the biggest problem for the Dolphins' defense. He knew about some of it and he knew or suspected Martin had mental health issues. Being in a supervisory role over the O-Line, he shares responsibility with the organization to create and maintain a legally acceptable workplace environment. The blow up doll thing could become an issue if Wells' notes or tapes (I don't know how he cataloged information) show that the player's accusations of misrepresentation of his testimony contrast with what was said in private. At the very least, it would be evidence of Turner's poor judgment and likely work in Martin's favor.

Lastly, if it goes to court, you allow for the possibility that a judge will dictate the remedy. That could become a huge problem for the league and require a level of monitoring they'd rather avoid both from a cost perspective and a paperwork perspective.

 

[Bob512]

I think the likelihood of this ending up in court is minimal. Martin has indicated he still wants to play and from a legal standpoint, Martin's actions and lack of reporting his issues make it significantly more difficult.....not impossible....but difficult.

I think the team is doing the right thing at this point in that they have fully investigated the issue using an unbiased third party and will likely announce steps to change procedures. Again, reasonable steps and the right thing to do once the situation is brought to your attention.

Finally, what exactly are the damages. Martin continued to get his full pay during this episode. So not sure exactly how he is damaged. Fix the issue and in theory, he can continue his career...either with the Phins or some other team. Any consequences in his reputation for how he handled this situation are choices that he made...not the team.

I would also agree that Turner is a big issue in this. The question for him would be did he know how Martin felt or didn't he?

 

[Phantom]

Wait until Incognito signs with a team, and then send Martin there for free.