Giants May Fumble in Court

  • Sumo

Workplace retaliation

A former video director for the New York Giants alleges that the nature of his termination from his position was retaliatory. The intent of the lawsuit stems from David Maltese’s consistent complaints to the Giants organization that certain management staff initiated physical altercations with subordinates and perpetuated a culture of workplace violence. The plaintiff believes his termination, which took place in March 2021, serves as a violation of New Jersey’s whistleblower statute, referred to as the Conscientious Employee Protection Act. Maltese is asking for economic and compensatory damages in the form of back and future lost wages, retirement and pension benefits, pain and suffering, mental anguish, medical bills, among additional fees and compensation.

Based on the grounds that the plaintiff failed to state a claim that addressed a sufficient level of ‘threat of public harm,’ legal counsel representing the Giants organization has filed a motion to dismiss the lawsuit. In response to one of Maltese’s claims that he was threatened during a conversation with the Senior Vice President and Vice President of human resources, the accused parties insist that the tone of the exchange was lighter than initially recounted by Maltese. The Senior Vice President, who also serves as General Counsel for the organization, requested that the judge who is handling the case might review the audio files of the conversation, which may help to contest the validity of the plaintiff’s claims.

At the center of the lawsuit, Maltese states various instances of alleged violence against subordinate employees. Following the repeat behavior of physical attacks and verbal threats, higher-level management assured Maltese that the issue was intolerable and he would receive immunity from retaliation. Despite this promise, a subsequent attack occurred against one of Maltese’s co-workers, however, the alleged assailant did not face significant consequences. Maltese also believes that his role as a whistleblower is what ultimately led to his termination. The Giants management, however, insists that Maltese was informed that the organization was looking for a replacement for his position as early as January 2020.