# Brian Flores lawsuit

**URL:** <https://boards.straightdope.com/t/brian-flores-lawsuit/958804>\
**Category:** The Game Room\
**Tags:** football-nfl\
**Created:** [February 2, 2022, 4:11pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804 "2022-02-02T16:11:46Z")\
**Posts on this page:** 12\
**Page:** 4

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**Author:** ![SpacemanSpiff\_II](https://avatars.discourse-cdn.com/v4/letter/s/e19adc/32.png) [@SpacemanSpiff\_II](https://boards.straightdope.com/u/SpacemanSpiff_II)\
**Post date:** [February 4, 2022, 4:55pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/61 "2022-02-04T16:55:30Z")

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> [@Great\_Antibob](#):
>
> You specifically limited discussion to just the allegations of a sham interview to draw a much broader conclusion about the how much access to documentation this should grant for the overall case, at least as it regards the Giants.

Regardless of what he’s suing for, I’m not aware of any other specific evidence that he has at this time in connection to the Giants hiring other than the Belichik texts. You can’t just say “you should have hired me and if you didn’t you must be biased” and get discovery on that basis.

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**Author:** ![Great\_Antibob](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@Great\_Antibob](https://boards.straightdope.com/u/Great_Antibob)\
**Post date:** [February 4, 2022, 4:57pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/62 "2022-02-04T16:57:15Z")

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> [@SpacemanSpiff\_II](#):
>
> Regardless of what he’s suing for, I’m not aware of any other specific evidence that he has at this time in connection to the Giants hiring other than the Belichik texts.

Ok, so this goes back to my original point.

YOU are unaware but somehow feel free to conclude that’s the extent of the evidence and allegations in his suit when it suits your rhetorical point.

Pick your premise and stick to it. Either he’s only got the sham interview as evidence or he’s not.

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**Author:** ![SpacemanSpiff\_II](https://avatars.discourse-cdn.com/v4/letter/s/e19adc/32.png) [@SpacemanSpiff\_II](https://boards.straightdope.com/u/SpacemanSpiff_II)\
**Post date:** [February 4, 2022, 5:04pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/63 "2022-02-04T17:04:58Z")

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> [@Great\_Antibob](#):
>
> YOU are unaware but somehow feel free to conclude that’s the extent of the evidence and allegations in his suit when it suits your rhetorical point.

I was asking a legal question based on the premise. If the premise is wrong, then it’s fine to point out whatever other evidence he currently has; in that case the legal question would be theoretical.

I’m not sure what rhetorical point you believe I was making, but whatever.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [February 4, 2022, 5:40pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/64 "2022-02-04T17:40:03Z")

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As with other articles this is just the opinion of the writer (Mike Florio in this case) and not a definitive answer but he is saying this may not be allowed into court. Apparently there is a standard clause in coaches contracts that state they agree to take all conflicts with the teams to arbitration. It may not go that way or a judge can rule against it but it is an interesting wrinkle.

[Arbitration clause could quickly derail the Brian Flores lawsuit (msn.com)](https://www.msn.com/en-us/sports/nfl/arbitration-clause-could-quickly-derail-the-brian-flores-lawsuit/ar-AATtwRU?ocid=msedgntp)

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**Author:** ![Cheesesteak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cheesesteak/32/3694_2.png) [@Cheesesteak](https://boards.straightdope.com/u/Cheesesteak)\
**Post date:** [February 4, 2022, 6:58pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/65 "2022-02-04T18:58:32Z")

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> [@Loach](#):
>
> Apparently there is a standard clause in coaches contracts that state they agree to take all conflicts with the teams to arbitration.

I can see how Flores’ contract with the Dolphins applies to a wrongful termination suit, but how does that contract apply to actions by the Giants, the Broncos and the NFL, who have never had signed contracts with Flores at any time?

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [February 4, 2022, 7:13pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/66 "2022-02-04T19:13:24Z")

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In my opinion? It probably doesn’t. If its ruled that he can’t sue the Dolphins because of his contract I’m not sure if it would be able to go forward with the case with the remaining defendants or if it would have to be refiled.

I’m not a lawyer but those aspects of the suit seem to be much weaker than his claims about the Dolphins.

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**Author:** ![flurb](https://avatars.discourse-cdn.com/v4/letter/f/51bf81/32.png) [@flurb](https://boards.straightdope.com/u/flurb)\
**Post date:** [February 5, 2022, 7:23pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/67 "2022-02-05T19:23:35Z")

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Apparently, the NFL has decided that their “this is a bunch of bullshit” approach to the lawsuit wasn’t a PR winner and Goddell put out a memo calling the league’s diversity efforts unacceptable and that they “understand the concerns” of Flores. They’re also promising the go-to solution for every controversy they feel like they need to look like they’re doing something on – an “independent review” by “outside experts” that will really, really, really look closely at minority hiring practices and try to figure out what in the heck is going on here!

> **[NFL to eye diversity efforts in wake of Flores suit](https://www.espn.com/nfl/story/_/id/33223322/results-nfl-coaching-diversity-efforts-unacceptable)**
>
> The NFL in a memo to its teams said it will review the league's policies on diversity, equity and inclusion in direct response to the allegations made by former Dolphins coach Brian Flores.

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**Author:** ![DCnDC](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dcndc/32/2842_2.png) [@DCnDC](https://boards.straightdope.com/u/DCnDC)\
**Post date:** [February 7, 2022, 8:29pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/68 "2022-02-07T20:29:31Z")

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“The Manson Family is shocked and appalled by these wild allegations and vows to conduct a thorough internal investigation at once!”

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [February 9, 2022, 10:33pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/69 "2022-02-09T22:33:46Z")

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> [@Loach](#):
>
> Yes the former Assistant GM of the Bills who is the new GM of the Giants knew that he was going to hire the OC of the Bills who he has worked with to build the Bills into a winning team. No interview would change that and nothing should force that to change.

Whether it should be the case or not, that’s a clear violation of a rule the league has adopted for itself.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [February 10, 2022, 4:39pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/70 "2022-02-10T16:39:26Z")

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How so? The Giants said they only had a 20 minute zoom interview with Daboll before the Belichick text. They say no decision was made. They later had an in person interview with Daboll and 2 days later with Flores. That’s in addition to 4 other candidates, 2 of which were also minorities. According to the Giants no decision was made before the interviews. Were they leaning towards someone from the beginning? Wouldn’t surprise me, especially the new GM. But the Giants aren’t the Patriots. One person does not have complete power over the organization. The ownership of the team would also have to come to a decision not just the GM. Unless you are saying that the only way to satisfy the Rooney Rule was to hire Flores I don’t see how they violated the rule. The job wasn’t offered and the job wasn’t taken until the interviews were over. Unless it is proven otherwise there does not seem to be a violation.

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**Author:** ![ShadowFacts](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shadowfacts/32/2934_2.png) [@ShadowFacts](https://boards.straightdope.com/u/ShadowFacts)\
**Post date:** [February 23, 2022, 4:03pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/71 "2022-02-23T16:03:58Z")

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Flores sat down for an interview with Bryant Gumble on HBO - [here’s a Boston Globe story](https://www.bostonglobe.com/2022/02/23/sports/brian-flores-left-millions-dollars-table-by-not-signing-nda-with-dolphins/?p1=Article_Feed_ContentQuery) about that (possibly paywalled - sorry).

A couple of interesting pulls from that interview:

> Brian Flores and his lawyers said he left “millions” of dollars on the table by refusing to sign an NDA as part of his separation agreement after he was fired.
> 
> Flores filed a lawsuit against the NFL and three teams following the surprise move last month. He and his lawyers, Doug Wigdor and John Elefterakis, who appeared on the show as well, confirmed Flores had an opportunity to make a lot of money if he had been willing to quietly accept his termination.
> 
> “It was millions of dollars,” Elefterakis said.
> 
> Wigdor said the NDA would have lasted two years, noting that coaches don’t get paid for the last year or two of their contract unless they sign a waiver, an NDA, and a non-disparagement agreement. Flores refused to sign any of it.

> Gumbel pushed Flores and his lawyers on whether they had evidence of Flores’ claim that the Dolphins offered him money to lose. Wigdor said they “definitely” have corroborating evidence, which they would be willing to share with the league apart from their lawsuit. Dolphins owner Steve Ross has vigorously denied the allegation.

As others have said previously, IMO the tanking allegations are the most explosive part of this and proof of that would definitely force Ross out of the NFL. Based on the language the lawyers used, though, I suspect they don’t have slam-dunk evidence of this.

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**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\
**Post date:** [February 23, 2022, 4:10pm UTC](https://boards.straightdope.com/t/brian-flores-lawsuit/958804/72 "2022-02-23T16:10:39Z")

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The “millions” of dollars left on the table could be dwarfed by any award or settlement Flores gets.

“It’s not about the money” typically means that yes, it’s at least in part about the money.

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