Jonathan Martin's mom is a workplace lawyer
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This is a moderated phorum for the CIVILIZED discussion of the Miami Dolphins. In this phorum, there are rules and moderators to make sure you abide by the rules. The moderators for this phorum are JC and Colonel.
Not my field and maybe Fins72 or berk would be better to opine on the subject but off the cuff, in order to make out a clincher of a case for workplace harassment, it probably has to be more than just Richie involved.
You might do it with Richie alone if you show a long consistent pattern of harassment known by the leadership and allowed to flourish and shown to be oppressive in the extreme.
However, the best case would be if other players were involved.
Right now, outside the getting up and leaving the table thing, there seems to be no evidence that this was anything but a one on one battle.
As I said, that might do it but very rarely I would speculate.
So if this amounts to a Richie versus Martin dealie, ESPECIALLY IF people can demonstrate they were buddies before (as implied by the text by Martin after he left saying things are crazy) and just had one fantastic blowup with each other, then no cigar.
However, lawyers often take action not because they think they have a good case, but simply because that's all they have and since Martin walked away, they want to protect his salary.
unless the harassment is based on a protected class like race, there is no case. Just being "mean" to someone because you are a jerk is not illegal. I guess from the Incog text they will try to say it's racial but I tend to doubt it.
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The beatings will continue until morale improves.
They want to feminine the leage, might as well play touch football now. Geez,used to like it when it was a true gladiator sport with guys like alzado etc.
one person would be enough, if the harassment was severe or pervasive, but it has to be "because of the race" of the target
also the law imposes a duty on an employee to take advantage of the employer's complaint procedures and complain about the harassment, in order to recover. if he doesn't the employer is not liable. however, if there is no adequate complaint procedure the employer loses the defense (which probably is what would be argued here). but the point is that an employee is supposed to DO something in the face of harassment, not just act like everything is OK for a year and then sue his employer, like Martin apparently did
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The beatings will continue until morale improves.
berk, I don't think this had anything to do with harassment at all but everyone knows my theory.
BTW, I said that my sons were also the product of two lawyers, I was talking with one of my sons and of course he knows I'm a big Dolphin and asked me what I thought. I told him that I thought they were both Gay and had a lovers' blowup. He shrieked and laughed and said "That's just what Mom (my ex) thinks!"
ChyrenB Wrote:
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> By "do something" you mean register a complaint of
> course and not "hit him" like it is reported
> Ireland said, of course?
This story about Ireland telling Martins agent that "he should hit Incog" has been revised that it was after Martin left the team, that totally changes the context of that conversation and gets Ireland off the hook IMO.
Chyren- I will give you one piece of evidence that seems abnormal between even best friends, family, wife, g/f whatever... 1400 text messages in a year and a half.... That is an unbelievable amount of text messages.... That is pretty odd... I bet you no one on this site has 1400 text messages with anybody in that amount of time... I looked it up and I had about 450 with my wife in that same amount of time. And it seems she is always bugging me with messages... So 1400, what the hell... And think about it, wouldn't your g/f be pissed if you were texting your best friend that much? I am not sure they were lovers, but man crush seems a fair deduction at the very least from that much communication...
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All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth.
Nietzsche
Edited 1 time(s). Last edit at 11/18/2013 03:02PM by Crowder52.
I have over 2400 with my wife in the last 9/10 months, and over 500 during that same period with TWO different buddies............and I'm not having sex with any of them
dolphaholic Wrote:
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> I have over 2400 with my wife in the last 9/10
> months, and over 500 during that same period with
> TWO different buddies............and I'm not
> having sex with any of them
2400 with your wife...wow... I feel for you... and you would still be shy of the 1400 with your buddies..
so he was somewhere between your wife and your buddies
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All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth.
Nietzsche
Edited 1 time(s). Last edit at 11/18/2013 05:18PM by Crowder52.
ChyrenB Wrote:
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> Now that was funny. But the question is did you
> WANT to have sex with the one who you shared 2400
> texts with?
The 2400 texts would indicate that yes I do want to have sex with her........the 2400 texts would also indicate that I just dont want to talk to her