NY Mets GM Fired For Sexually Harassing Texts

NY Mets GM Fired For Sexually Harassing Texts

After Confessing to Harassing Texts, Jared Porter is Fired as Mets GM

Employment attorneys in Orange County have learned that on Monday night, Jared Porter, the newly hired General Manager of the New York Mets, confessed to sending explicit, harassing texts to a female reporter in 2016. According to ESPN’s Jeff Passan and Mina Kimes, who first broke the story, the incidents took place when Porter was the Director of Professional Scouting for the Chicago Cubs in 2016. Only hours after Porter admitted to sending the texts, Steve Cohen, the Mets’ new owner, fired him. The woman, who may have already sought the advice of sexual harassment attorneys, has communicated with ESPN on the basis of anonymity.

Jared Porter NY Mets

Photo by World News

Allegations of Multiple Inappropriate Text Messages and Pictures

The woman claims Porter sent in excess of 60 texts that she did not answer. She alleges these texts commenced with a lewd picture of a man’s erection. Forty-one-year-old Porter claimed that the explicit picture was not a selfie, but rather a stock image that was more or less meant as a joke. However, he had initially denied sending the female reporter any photos at all when he was first questioned by ESPN.

Porter Fired Tuesday Morning

The decision of the Mets to fire Porter was announced in a tweet early Tuesday morning. The Cubs and the Mets denied having any knowledge of the incident until Monday evening. A statement issued Tuesday morning by Mets’ president Sandy Alderson said that Porter’s conduct regarding the texts didn’t meet the Mets’ standards for personal conduct and professionalism.

Jared Porter Mets Response

First Meeting Leads to a Flurry of Sexual Texts

Porter met the woman in June 2016 in an elevator at Yankee Stadium, after she had moved to the U.S. to cover Major League Baseball as a foreign correspondent. The initial encounter is said to have been brief, although contact information was exchanged.  Later that afternoon, Porter allegedly began texting the woman and asked her three different times to have a drink with him that night. She reported to ESPN that she agreed because she believed Porter was volunteering himself as a source of information about baseball and did not think the meeting would be personal. Nevertheless, she eventually canceled drinks that night and asked if they could instead meet the following day.

Jared Porter Harassment Selfie ESPN

Photo by ESPN

Female Reporter Cuts off Communication After Receiving Sexual Texts

Porter continued to text her, asking if she was involved with anyone and sending her an unsolicited selfie which contained the text “Like?” The woman did not respond to the text. At one point, Porter asked the woman to send him a picture of herself in return. She said that because this is a common practice in her country, she felt obliged to send the selfie. Porter send her three additional pictures; one appeared to be a photo of his crotch with an obvious bulge indicating an erection. The woman claimed she then cut off communication with Porter after receiving these final texts.

Jared Porter InsideExpress

Photo by InsideExpress

Over the next several weeks, Porter reportedly sent multiple photos and approximately 62 unanswered texts to the woman. In one text, sent when they were both at Wrigley Field, he remarked about how beautiful she was. She claimed that the text made her panic and motivated her to hide from Porter.

Porter then texted her requesting that she meet him at a Los Angeles hotel. He allegedly sent her a series of texts the following day as well, including 17 photos, one of which was a nude, erect penis. According to ESPN, the woman eventually showed some of the messages and sexual photos to a player from her home country, who urged her to tell Porter to stop and assisted her with a written response. It is unclear if the woman is currently represented by sexual-harassment lawyers.

Mets President Response

Can sexual harassment exist of the perpetrator and the victim are not coworkers?

Under California’s Fair Employment and Housing Act (“FEHA”), which is often broader than federal law, harassers can consist of employers, labor organizations, employment agencies, apprenticeship training programs, any training programs leading to employment, or any person.  Victims of harassment can include employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract.  Organizations, such as the Mets, often have a zero-tolerance policy with respect to sexual harassment, in particular for leaders at the highest levels of the company.

If you believe you have been sexually harassed in the workplace, please call one of our employment attorneys at 949-629-2519, or fill out the form on the contact page.

Source Article: Yahoo! News

X-Rated Zoom Call Incident Leads to Jeffrey Toobin’s Untimely Termination

X-Rated Zoom Call Incident Leads to Jeffrey Toobin’s Untimely Termination

Our employment attorneys in Orange County have learned that The New Yorker has terminated Jeffrey Toobin’s employment after an investigation concerning a Zoom call incident that took place last month. During the call, Toobin inadvertently exposed himself to colleagues during a break in the show. He announced his own termination on Wednesday on Twitter, and wrote that he was fired as a staff writer after having spent 27 years at The New Yorker. A spokesperson for the magazine confirmed Toobin’s statement to Variety, simply stating that Toobin was no longer affiliated with the company as a result of their investigation. 

jeffrey-toobin

CNN Screenshot

Initial Suspension After Zoom Incident

The New Yorker revealed that on October 19th, Toobin was suspended after exposing himself on a Zoom call with WNYC and some of his New Yorker colleagues. Vice’s tech news website, Motherboard, alleged that during the call Toobin was seen masturbating. Toobin made a statement to Motherboard in which he referred to the incident as “an embarrassingly stupid mistake.” He went on to apologize to his coworkers, friends, family and wife, stating that he thought he was off-camera, and therefore not visible or audible to anyone.

Statements Made to VICE

Two individuals on the call made separate statements to VICE, stating that the call was a simulation of the election, and featured some of The New Yorker’s biggest stars: establishment Republicans were played by Jane Mayer, Joe Biden was played by Evan Osnos, Masha Gessen played Donald Trump, Jelani Cobb played establishment Democrats, Sue Halpern was left wing democrats and Andrew Marantz played the far right. The military was played by Dexter Filkins and Jeffrey Toobin played the courts. Also on the call were several other producers from WNYC and The New Yorker. 

Both individuals who spoke to VICE did so under the condition of anonymity, and it was unclear how much was visible to each person, but both said that it was obvious to them that Toobin was masturbating. It occurred at a juncture in the election simulation during which a strategy session was underway. The “Republicans and the Democrats” dispersed to their respective rooms for approximately ten minutes. They said at this point it appeared as if Toobin was on another video call and that when the groups returned from their break out rooms, he could be seen touching himself. 

Following this incident Toobin left the call, then a few minutes later called back in, but seemed entirely unaware of what had been visible to his co-workers in the meantime. The group then continued with the simulation. On the 19th of October, Natalie Raabe–a spokesperson for The New Yorker–said that Jeffrey Toobin was suspended, and that the matter was being investigated. It is not clear whether or not the incident was directly referred to as sexual misconduct by anyone at The New Yorker, but not all comments were made public.

Career Highlights

Toobin wrote “The Run of His Life: The People v. O.J. Simpson” in 1996, which was eventually adapted by FX to become part of “The People v. O.J. Simpson: American Crime Story,” a true-crime series. Toobin is also a chief legal analyst for the cable news channel, CNN. Following the incident, he was granted time off and took a leave of absence. His status at CNN is not yet clear. CNN simply stated that they had approved his request for time off “to deal with a personal issue.”

A source told Motherboard that WNYC instructed staffers to refrain from booking Toobin on its shows or allowing him to work in any other professional capacity with the network. However, WNYC declined to comment, as did Kritsitne Dahl, the latter of whom is Tobin’s literary agent. No sexual harassment charges have been filed and it is not yet clear if Toobin will seek the advice of employment attorneys.

Controversy Surrounds Ellen DeGeneres as She Kicks Off Her Show’s Eighteenth Season

Controversy Surrounds Ellen DeGeneres as She Kicks Off Her Show’s Eighteenth Season

For several months, the Ellen DeGeneres Show–named after its host–has been steeped in controversy. Our employment attorneys in Orange County can confirm that troubling reports have emerged concerning sexual harassment in the workplace, as well as claims of racial insensitivity and intimidation involving some of the show’s staffers. DeGeneres, who is 62, apologized twice to employees for the toxic work environment and said that some employees had been let go. However, an investigation is ongoing, as she was accused of fostering that very environment. Seeking the advice of an employment attorney is typically recommended if one plans to bring such allegations. With regard to the Ellen DeGeneres Show, however, three senior staffers are no longer with the show. Recently, in front of a virtual audience, the talk show host addressed the situation.

Ellen Degeneres talks about sexual harassment

DeGeneres Expresses Regret and Speaks of Necessary Changes

In a candid monologue, DeGeneres acknowledged that things took place that never should have occurred, and she expressed her remorse to those who were affected. She made reference to her position of power and privilege, stating that such a position also comes with responsibility, which she indicated she was willing to bear. DeGeneres went on to say that numerous conversations took place in the recent past between herself and staff members, and that necessary changes were made.

The talk show host spoke of emerging as the “Be Kind Lady,” calling it a “tricky position to be in.” She received this nickname following the suicide of Tyler Clementi, who took his life in 2010 after being bullied in college for being gay. DeGeneres responded to the suicide with a strong message about the need to stop bullying of all kinds. The talk show host confirmed that although she is the kind person seen on television by her fans, she is also like everyone else in the sense that she gets impatient, anxious, frustrated, angry or sad from time to time. She referred to herself as “a work in progress,” during the virtual speech.

An Opportunity to Learn

DeGeneres spoke about how she initially got into show business to make people feel good and laugh. She said she wants her 270 employees to be proud and happy to work with her for this reason. DeGeneres also indicated that she was very sorry if she ever hurt someone’s feelings, and that if she did, she let herself down as well as that person. Later, she referred to such incidents as opportunities to learn.

DeGeneres said that despite the Black Lives Matter protests and the coronavirus pandemic, she still wants her show to be a daily hour of joy and was committed to making it the best season yet, despite the new controversy surrounding it. People Magazine reported that Portia de Rossi, DeGeneres’s wife, was backstage to show her support during the premiere and that DeGeneres received applause from her crew  as she walked off the set following the taping of the announcement.

It is unclear whether or not those who are no longer with the show are pursuing legal actions.  They may choose to seek legal advice from an employment attorney if this is the case.

 

 

Should Furloughed Employees Be Paid Accrued Vacation Time Under California Law?

Should Furloughed Employees Be Paid Accrued Vacation Time Under California Law?

May families are struggling financially in the wake of the Covid-19 pandemic.  With California’s jobless claims reaching historic levels and many employees finding it difficult to submit unemployment claims with the state’s Employment Development Department, many are California’s are wondering how to pay their bills or buy groceries.  Employees who have been furloughed or laid off with no definitive date of return in the foreseeable future should be aware of their rights with respect to their accrued and unused vacation or Paid Time Off (PTO) time.

Under California law, accrued vacation and PTO, is considered a vested wage that belongs to the employee and business closed signshould be paid out at the time of termination, be it voluntary or involuntary, such as in connection with a furlough or layoff.  An employee’s right to vacation and PTO is a long established California principle under Suastez v. Plastic Dress Up, where the California Supreme Court held vacation (PTO) accrues as it is earned and cannot be forfeited upon termination, regardless if the termination is voluntary or involuntary.   Suastez v. Plastic Dress Up (1982) 31 Cal. 3d 774.

Similarly,  California Labor Code Section 227.3 states that, unless otherwise provided for by a collective bargaining agreement, if an employer has a vacation or PTO policy that provides for paid vacation, all earned and unused vacation/PTO must be paid to the employee upon termination at his or her final rate of pay.

Many employees then ask themselves, is my furlough or layoff a termination?  Many may view their employment as continuing and they hope their employer will recall them, but they have been given no definitive date of return.  California’s Division of Labor Standards Enforcement, commonly referred to as the Labor Commissioner’s Office, has long taken the position that “if an employee is laid off without a specific return date within the normal pay period, the wages earned to and including the lay off date are due and payable in accordance with Section 201.”   DLSE Opinion Letter, May 30, 1996.   

Accordingly, employees who have been furloughed or laid off and do not have a definitive date of return within the normal pay period should be paid their accrued and unused vacation or PTO at the time of furlough or layoff.  Employees who have not received their unused vacation or PTO in these instances should consider consulting with an employment attorney about their rights.  In addition to payment of their vacation and PTO, employees may also be entitled to certain penalties for the delay in receiving their final wages.

The attorneys at Ares Law Group, P.C. have extensive experiencing representing employees with wage and hour claims.  What sets Ares Law Group, P.C. apart from other firms is its experience.  The partners at Ares Law Group, P.C. Matt D’Abusco and Cynthia Sandoval, have been practicing employment law and litigation a collective 30 years.  Prior to founding Ares Law Group, Mr. D’Abusco and Ms. Sandoval worked at a renowned and prestigious nationwide labor and employment firms representing a variety of employers, from small family owned businesses to Fortune 100 companies. As a result of this experience, Ares Law Group attorneys bring a unique perspective to each case as they understand opposing counsels’ perspective and approach defending cases, which is invaluable to Ares Law Group’s clients.

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