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    Jets' aggressive response to former worker's lawsuit could have gone slightly too far



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    The Jets have responded to a hand grenade with a nuclear warhead.Sued by former V.P. of finance Elaine Chen for wrongful termination of her employment, the Jets have promptly filed a counterclaim in opposition to Chen, elevating six completely different authorized theories in opposition to her.Through Brian Costello of the New York Submit, the Jets accuse Chen of taking part in an “illegal conspiracy” along with her husband Larry Fitzpatrick (the staff’s former V.P. of ticket gross sales) and different former Jets staff. The countersuit alleges that Chen defamed staff president Hymie Elhai by calling him a “sexual predator” in her civil criticism in opposition to the staff (there’s very broad immunity for statements in court docket paperwork, by the way in which), and for repeating allegedly unfounded accusations of sexual harassment made in opposition to Elhai.The Jets hooked up to their counterclaim in opposition to Chen textual content messages that they contend present a plot to destroy Elhai’s status and engineer his firing.Costello’s article additionally contains this eyebrow-raising paragraph: “The Jets additionally allege they discovered proof of inappropriate habits on Fitzpatrick’s company-issued cellphone, together with photos of his genitals, interactions with ladies on grownup web sites, textual content messages objectifying ladies and playing, which is prohibited by the NFL.”These particular contentions are totally irrelevant to the claims in opposition to Chen. However that is now a P.R. play for the Jets. With all the scenario being, in our view, a nasty search for a staff that has a historical past of dysfunction, the Jets hope to show to followers and media that they are clearly in the fitting — and that Chen and Fitzpatrick are clearly within the flawed.The gratuitous inclusion of allegations concerning Fitzpatrick, who has not sued the Jets, additionally appears to be calculated to wreak private havoc for Chen and Fitzpatrick. (It is a key part of the “FAFO” strategy to defending billion-dollar firms in opposition to staff who’ve dared to file lawsuits in opposition to them.)Nonetheless, the Jets employed Chen and Fitzpatrick. The Jets regarded them as sufficiently reliable and competent to deserve V.P.-level jobs. And the Jets apparently did not know that Fitzpatrick was violating NFL playing insurance policies on his company-issued cellphone.So whereas the Jets might imagine their effort to exert a public pound of flesh makes them look good, the mere existence of this tawdry affair makes everybody look unhealthy. Together with the Jets, which gave positions of serious duty to a husband and spouse who, if the Jets’ allegations are right, ought to by no means have held these titles.It additionally publicly highlights the gaping holes in efforts to make sure full compliance with the playing coverage. Whereas the NFL every so often thumps its chest about efforts to forestall staff and league staff from nibbling on an apple from an orchard that pumps billions into the homeowners’ coffers, the straightforward reality stays that the oversight efforts are removed from efficient.If it have been, they’d have recognized about Fitzpatrick’s violations lengthy earlier than this Fargo-style fiasco erupted right into a public mud-wrestling contest.

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