Miami Legal Tips Blog

Workers Rights and “Deflategate”

courtroom-898931_1280Football fans have been following a story, known as “Deflategate,” for a few months now. Following the AFC Championship game last season, the Patriots organization was accused of deflating footballs below the legal limit, ostensibly to make them easier for Tom Brady to throw. When this news was leaked, both Tom Brady and his coach said that they were shocked to hear the news and denied involvement. However, some people felt differently, and after an investigation, the NFL handed out a number of punishments, including a 4 game suspension for Brady. The quarterback and coach continued to deny wrong doing and took the league to court to contest the decision. On September 4th, 2015, that controversy came to an end when a judge ruled in favor of quarterback Tom Brady’s appeal of his four-game suspension from the NFL due to his accused role in the “Deflategate” situation.

Brady’s lawyer was able to show two things to get the judge to change the ruling. First, the lawyer was able to show that Tom Brady was only found to be culpable based on a “general awareness” of his involvement, and a key witness was not able to implicate him specifically. Secondly, the judge found that NFL Commissioner Roger Goodell overstepped his authority by meting out his “own brand of justice” and not giving Brady any notice of his suspension, which also was a violation of the collective bargaining agreement contract between NFL owners and players. Lastly, Mr. Brady’s attorney argued that there was no precedent or reason to punish the quarterback based on the guidelines set out by the PED use penalties, as this particular situation did not involve PEDs.  The judge ruled that these points meant that Tom Brady did not receive due process when he was being investigated by the league.

So what does that mean for the rest of us? Well, it’s simple. Always know your workers rights. Make sure to know what your contract states and what you can be punished or fired for. If you feel that you may be treated unfairly by an employer, consult a lawyer and let them fight for you. No one should have to roll over when they are mistreated at work.

The Law Offices of Gilbert & Smallman handles personal injury cases of all types. If you were unjustly punished or fired from a job p. Free consultations available 24/7 by phone! Offices conveniently located in Miami, North Miami, Hollywood and Tallahassee. At Gilbert & Smallman we pride ourselves on service to our clients. Contact us today for your free one on one consult with one of our experienced injury law partners.

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