Judicial common sense saves Jim Trotter’s retaliation claim against NFL

As the saying goes, “Common sense ain’t.” That often applies in the legal system, where gobbledygook and mumbo-jumbo can get in the way of basic logic and reality.

In Jim Trotter’s retaliation case against the NFL, common sense has prevailed. At least for now.

Following the filing of his lawsuit, a wide range of people — from armchair Matlocks all the way to seasoned lawyers who know better — have made arguments that defy the basic A-leads-to-B-leads-to-C reality of the events that prompted the NFL to part ways with Trotter.

It was simple. He complained about the lack of representation in the NFL Media newsroom. Nothing changed. He complained some more. Nothing changed. He took it up with NFL Commissioner Roger Goodell, in a public setting. Nothing changed. He continued to complain. Nothing changed. He eventually took it up again with Goodell, in a public setting.

Then, something changed.

After Trotter publicly pressed Goodell for answers during a second straight Super Bowl press conference — and after Goodell served up yet another non-responsive word salad — the NFL lost all interest in extending Trotter’s contract, which was due to expire in just a matter of weeks.

Some have argued that Trotter wasn’t fired; his contract wasn’t renewed. That doesn’t matter if the employee wants the relationship to continue. When an employment contract expires in this context, the employee: (1) gets a new contract; (2) becomes an at-will employee; (3) resigns; or (4) is fired. By not renewing Trotter’s contract and not inviting him to remain as an at-will employee, the NFL fired Trotter.

In a 38-page ruling explaining the decision to allow Trotter’s retaliation claim to proceed (and resolving other claims in the case, some of which were dismissed), Judge Jed S. Radkoff applied common sense to the situation. For cases like this, it’s critical to do that. Rarely if ever will there be a smoking gun. Rarely if ever will there be tangible proof that Col. Nathan Jessup ordered the Code…


Source link : https://www.yahoo.com/news/judicial-common-sense-saves-jim-213158295.html

Author : ProFootball Talk on NBC Sports

Publish date : 2024-06-17 21:31:58

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