Lawrence N. Lavigne, Esq.
(005581982)
LAWRENCE N. LAVIGNE, ESQ. LLC
2444 Morris Avenue, Suite 206
Union, New Jersey 07083
(908) 687-7750
Attorneys for Plaintiff Erin Henderson
ERIN HENDERSON, : SUPERIOR COURT OF NEW JERSEY
: LAW DIVISION MORRIS COUNTY
Plaintiff, : DOCKET NO.
:
v. : Civil Action
:
NEW YORK JETS, LLC, : COMPLAINT AND JURY DEMAND
:
Defendant :
PRELIMINARY STATEMENT
Plaintiff Erin Henderson (hereinafter Plaintiff or Henderson) brings this action under
the New Jersey Law Against Discrimination, N.J.S.A 10:5-1 et seq. (NJLAD) against his
former employer, defendant, New York Jets, LLC (hereinafter Defendant or the Jets) on the
grounds that it discriminated against him on the basis of disability. Defendant also failed to
accommodate Plaintiffs disability and wrongfully terminated his employment. Defendant failed
to have effective policies and procedures to protect employees from discrimination.
PARTIES
1. Plaintiff, an individual, is currently residing in California.
2. At all relevant times hereto, Plaintiff was and still is a citizen of the State of
Minnesota.
3. At all relevant times hereto, Plaintiff maintained a residence in Union, New
Jersey.
4. Defendant, a business entity, conducts business at One Jets Drive, Florham Park,
New Jersey 07932.
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FACTS COMMON TO ALL COUNTS
5. Defendant owns and operates New York Jets, a member of the National
Football League (NFL).
6. Plaintiff is a professional football player.
7. At all relevant times hereto, Defendant employed Plaintiff in the position of
linebacker from April 2015 through March 2017.
8. At all relevant times hereto, Plaintiff suffered from bi-polar disorder.
9. At all relevant times hereto, Plaintiff was treated for his bi-polar disorder by a
physician hired by Defendant, Dr. Derek Suite, located in Bronx New York.
10. Upon information and belief Dr. Suite is Team Psychiatrist for Defendant.
11. Plaintiff was told to treat with Dr. Suite by Dave Zott, who, upon information and
belief, was the Director of Player Development for Defendant at the time.
12. Dr. Suite prescribed medications, including Seroquel, to Plaintiff to control the bi-
polar disorder.
13. Dr. Suite acted on behalf of Defendant in terms of treating Plaintiffs bi-polar
disorder.
14. At all relevant times hereto, Defendant had knowledge of Plaintiffs bi-polar
disorder.
15. Plaintiff discussed his disability with representatives of Defendant including, but
not limited to, Todd Bowles, the Head Coach for Defendant, Mr. Szott and Bobby Mastrodi.
Other upper management personnel including, but not limited to, Mike Maccagnan, Jacqueline
Davidson, and Mike Caldwell knew about Plaintiffs condition.
16. Plaintiff and Defendant entered into a contract, which provided that Plaintiff
would play for the Jets for the 2016 season with an option for the 2017 season.
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17. According to the contract, Plaintiff was to be paid $2,250,000.00 for the 2017
season.
18. According to the contract, Plaintiff would be entitled to various bonuses bringing
his total potential compensation for the year to $2,500,000.00.
19. On October 22, 2016 without forewarning or explanation Defendant placed
Plaintiff on the Non-Football Injury list (NFI).
20. By suddenly placing Plaintiff on the NFI list, Defendants deprived Plaintiff of
income of $580,781.00 for the remaining games of the 2016 season.
21. In February 2017, Defendant declined Plaintiffs option effectively terminating
his employment with the Jets.
22. By placing Plaintiff on the NFI list, Defendant avoided paying Plaintiff the
promised salary and bonuses for the 2017 season.
23. Defendant placed Plaintiff on the NFI list a few days before it was obligated to
pay Plaintiff a $250,000.00 roster bonus.
24. During his last two games of the 2016 season (against Pittsburgh and Arizona)
and before he was inexplicably placed on the NFI list, Plaintiff led the team in tackles.
COUNT I
(New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to 42 Adverse Employment
Action/Wrongful Termination)
25. Plaintiff hereby repeats and realleges all of the allegations set forth above as if set
forth at length herein.
26. The NJLAD prohibits, discrimination based on ones disability (among other
protected classes).
27. As a result of Plaintiff disability, Plaintiffs employment was wrongfully
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terminated by Defendant.
28. Plaintiff would not have been fired by Defendant but for Plaintiffs disability.
29. Because of the involvement of members Upper Management, Defendants are
liable for punitive damages.
30. As a direct and proximate result of Defendants discriminatory actions, Plaintiff
has suffered economic and emotional damages.
WHEREFORE, Plaintiff demands that a judgment be entered against Defendants
awarding i) compensatory and punitive damages; ii) reasonable attorney's fees and expenses
pursuant to N.J.S.A. 10:5-27.1; and iii) such other relief as this Court deems just and proper.
COUNT II
(New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to 42 Adverse Employment
Action/Wrongful Termination/Pretextual Reasons)
31. Plaintiff hereby repeats and realleges all of the allegations set forth above as if set
forth at length herein.
32. Defendant placed Plaintiff on the NFI list without forewarning.
33. Defendant placed Plaintiff on the NFI list without explanation.
34. Defendant placed Plaintiff on the NFI list as a result of his disability which was
being treated by a physician retained by Defendants.
35. By contending that Plaintiff suffered a non-football injury Defendants avoided
their obligation to pay Plaintiff $2,500,000.00 for the 2017 season, $250,000.00 roster bonus and
$580,781.00 remaining 2016 salary.
36. Placing Plaintiff on the NFI for undisclosed reasons was pretext for violating the
NJLAD.
37. As a direct and proximate result of Defendants discriminatory actions, Plaintiff
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has suffered economic and emotional damages.
38. Because of the involvement of members Upper Management, Defendants are
liable for punitive damages.
WHEREFORE, Plaintiff demands that a judgment be entered against Defendants
awarding i) compensatory and punitive damages; ii) reasonable attorney's fees and expenses
pursuant to N.J.S.A. 10:5-27.1; and iii) such other relief as this Court deems just and proper.
COUNT III
(New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to 42 Hostile Work
Environment)
39. Plaintiff hereby repeats and realleges all of the allegations set forth above as if set
forth at length herein.
40. NJLAD prohibits, discrimination based on ones disability (among other protected
classes).
41. The discrimination to which Plaintiff was subject, as further described above was
sufficiently severe or pervasive that a reasonable person would have deemed it to be hostile,
abusive, intimidating, or offensive.
42. This discrimination would not have occurred but for Plaintiffs disability.
43. Defendant failed to take appropriate measures to put an end to the hostile work
environment or the discrimination outlined herein.
44. In addition, Defendant failed to combat the creation of a hostile work
environment by, inter alia failing to enact reasonable policies and procedures and to maintain
effective sensing or monitoring mechanisms to check the trustworthiness of its policies and
complaint structures.
45. This failure to provide proper policies and failure to maintain effective sensing or
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monitoring mechanisms is evidenced by, the above, Defendants pervasive inappropriate conduct
toward Plaintiff.
46. The above-described actions constitute unlawful employment actions in violation
of NJLAD including, inter alia, N.J.S.A. 10:5-12a.
47. In taking action or failure to take required actions that they knew were a breach of
Defendants duty under NJLAD, Defendant is liable to Plaintiff under NJLAD.
48. As a direct and proximate result of Defendants discriminatory actions, Plaintiff
has suffered economic and emotional damages.
49. Because of the involvement of members Upper Management, Defendants are
liable for punitive damages.
WHEREFORE, Plaintiff demands that a judgment be entered against Defendants
awarding i) compensatory and punitive damages; ii) reasonable attorney's fees and expenses
pursuant to N.J.S.A. 10:5-27.1; and iii) such other relief as this Court deems just and proper.
COUNT IV
(False Light and Damage To Reputation and Career)
50. Plaintiff hereby repeats and realleges all of the allegations set forth above as if set
forth at length herein.
51. Prior to signing with the Jets, Plaintiff underwent rehabilitation for alcohol abuse.
52. Plaintiffs history was well known to Defendants when they hired him.
53. Plaintiffs history was a known fact in the NFL.
54. In placing Plaintiff on the NFI list without providing a specific reason for doing
so, Defendants created the appearance that Plaintiffs NFI was alcohol related.
55. Defendants failure to specify the basis for placing Plaintiff on the NFI list
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perpetuated the perception in the NFL that it was due to alcohol abuse and casted Plaintiff in a
negative false light.
56. As a result of Defendant casting Plaintiff in a negative false light, Plaintiff
suffered damage to his reputation.
57. As a result of the damage to Plaintiffs reputation caused by Defendants wrongful
acts, other teams in the NFL have refused to hire Plaintiff, essentially, ruining his career.
58. As a result thereof, Plaintiff has suffered severe economic and emotional distress
injuries.
59. Because of the involvement of members Upper Management, Defendants are
liable for punitive damages.
WHEREFORE, Plaintiff demands that a judgment be entered against Defendants
awarding i) compensatory and punitive damages; ii) reasonable attorney's fees and expenses
pursuant to N.J.S.A. 10:5-27.1; and iii) such other relief as this Court deems just and proper.
COUNT V
(Intentional Infliction of Emotional Distress)
60. Plaintiff hereby repeats and realleges all of the allegations set forth above as if set
forth at length herein.
61. The above-stated conduct of Defendants far exceeded all bounds tolerated by any
reasonable person.
62. The said conduct of Defendant was, especially calculated to and caused Plaintiff
severe mental distress.
63. The behavior and actions/inaction of Defendant was willful wanton and
egregious.
64. Plaintiff suffered due to the offensive and illegal behavior of Defendant. Any
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alleged legitimate business reason for such treatment offered by Defendants is pretext.
65. Because of the involvement of members Upper Management, Defendants are
liable for punitive damages
WHEREFORE, Plaintiff demands that a judgment be entered against Defendants for i)
compensatory and punitive damages; ii) reasonable attorney's fees and expenses pursuant to
N.J.S.A. 10:5-27.1; and iii) such other relief as this Court deems just and proper.
COUNT VI
(Punitive Damages)
66. Plaintiff hereby repeats and realleges all of the allegations set forth above as if set
forth at length herein.
67. All of Defendants acts, actions and behavior as outlined above were willful,
wanton and egregious.
68. Plaintiffs suffered injury as a result of the conduct of Defendant.
69. Because of the involvement of members Upper Management, Defendants are
liable for punitive damages
70. Defendants are liable to Plaintiff for punitive damages.
WHEREFORE, Plaintiff demands that a judgment be entered against Defendants for i)
punitive damages; ii) reasonable attorney's fees and expenses pursuant to N.J.S.A. 10:5-27.1;
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NOTICE PURSUANT TO RULES 1:5-1(a) & 4:17-4(c)
TAKE NOTICE that the undersigned attorneys, counsel for this Plaintiff, do hereby
demand, pursuant to Rules 1:5-1(a) and 4:17-4(c) that each party herein serving pleadings and
interrogatories and receiving answers thereto serve copies of all such pleadings and answered
interrogatories received from any party, including any documents, papers and other material
referred to therein, upon the undersigned attorney and TAKE NOTICE that this is a continuing
demand.
DEMAND FOR TRIAL BY JURY
The Plaintiff hereby demands a trial by a jury as to all issues.
DESIGNATION OF TRIAL COUNSEL
PLEASE TAKE NOTICE that pursuant to R. 4:25-4, Lawrence N. Lavigne, Esq. is
hereby designated as trial counsel in the within captioned matter.
LAWRENCE N. LAVIGNE, ESQ. L.L.C.
Attorneys for Plaintiff
By:________________________
LAWRENCE N. LAVIGNE
Dated:
CERTIFICATION
I hereby certify pursuant to R. 4:5-1 that, to my present knowledge, the matter in
controversy is the not the subject of any other action. I further certify that, to my present
knowledge, no other party should be joined in the within action at this time, however, we are still
reviewing this matter to determine if additional parties should be joined. This is to further certify
that the within pleading has been served within the time provided by the Rules governing the
Courts of the State of New Jersey.
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CERTIFICATION OF OTHER MATTERS
None.
LAWRENCE N. LAVIGNE, ESQ. L.L.C.
Attorneys for Plaintiff
By:________________________
LAWRENCE N. LAVIGNE
Dated:
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