The former ESPN production assistant, who went from behind the scenes obscurity to front page news when a sex scandal involving on-air host Steve Phillips became public, filed a lawsuit this week against her former employer claiming wrongful termination and defamation.
In the lawsuit, Brooke Hundley says ESPN was willing to end its internal investigation of the incident because Hundley and Phillips both agreed to resolve their private matter by signing a settlement agreement on their own.
According to the suit, ESPN returned Hundley to work, “…so long as she and Mr. Phillips avoided contact with each other, outside of what was reasonably required to do their respective jobs.” Hundley says human resources told her that the incident would not affect her employment and even assigned her an additional duty of covering NASCAR for the network.
About a month later, the ‘New York Post’ wrote an article based on statements Phillips had given to Wilton, Ct. police. Phillips reported in a sworn statement to the police that he had been attempting to end the relationship and that Hundley was pursuing him. Hundley’s version of the events is different. In the article, the ‘Post,’ because of Phillips’ sworn statement, characterized Hundley as a “dumped mistress” who had a “`Fatal Attraction’ freakout.”
The lawsuit claims that when ESPN questioned Hundley about Phillips’ statements, including that he was attempting to end the relationship, she flatly denied them. “Plaintiff responded that it was not true and showed ESPN text messages on her phone that proved that Phillips continued to pursue Plaintiff,” the lawsuit reads.
Hundley claims she was put on paid administrative leave, and within days, she was fired for “misconduct, including but not limited to failing to fully participate in the investigation.” Hundley claims ESPN closed its investigation more than a month earlier, satisfied with the settlement between Phillips and Hundley, and never sought to re-interview her. She claims that ESPN defamed her by falsely alleging that she failed to participate in an investigation which was already closed.
Since that time, Hundley has asked for ESPN’s investigative files but the company has refused to release them. Connecticut law mandates that investigative files be released if they are the basis for termination.
“If their investigation had nothing to do with Brooke being fired then why was she fired? If it was the basis for her termination, then why are they not handing over the investigative files as the law requires?” questions Richard E. Hayber, Hundley’s attorney.
The suit also claims ESPN defamed Hundley in November 2009 to The Associated Press by falsely stating that Hundley’s statements were “inconsistent.”
“As a direct and proximate result of Defendant’s defamation, Plaintiff lost her job, lost subsequent job opportunities, and has been harassed by the public as a result of the ensuing publicity,” according to the lawsuit.
The lawsuit asks for lost wages and benefits along with relief for emotional distress, mental anguish, damage to her reputation and attorney’s fees.
In a separate proceeding before the Connecticut Commission on Human Rights and Opportunities, Hundley has claimed that she was fired for reporting and opposing Phillips’ sexual harassment of her.
Source: prnewschannel.com
In the lawsuit, Brooke Hundley says ESPN was willing to end its internal investigation of the incident because Hundley and Phillips both agreed to resolve their private matter by signing a settlement agreement on their own.
According to the suit, ESPN returned Hundley to work, “…so long as she and Mr. Phillips avoided contact with each other, outside of what was reasonably required to do their respective jobs.” Hundley says human resources told her that the incident would not affect her employment and even assigned her an additional duty of covering NASCAR for the network.
About a month later, the ‘New York Post’ wrote an article based on statements Phillips had given to Wilton, Ct. police. Phillips reported in a sworn statement to the police that he had been attempting to end the relationship and that Hundley was pursuing him. Hundley’s version of the events is different. In the article, the ‘Post,’ because of Phillips’ sworn statement, characterized Hundley as a “dumped mistress” who had a “`Fatal Attraction’ freakout.”
The lawsuit claims that when ESPN questioned Hundley about Phillips’ statements, including that he was attempting to end the relationship, she flatly denied them. “Plaintiff responded that it was not true and showed ESPN text messages on her phone that proved that Phillips continued to pursue Plaintiff,” the lawsuit reads.
Hundley claims she was put on paid administrative leave, and within days, she was fired for “misconduct, including but not limited to failing to fully participate in the investigation.” Hundley claims ESPN closed its investigation more than a month earlier, satisfied with the settlement between Phillips and Hundley, and never sought to re-interview her. She claims that ESPN defamed her by falsely alleging that she failed to participate in an investigation which was already closed.
Since that time, Hundley has asked for ESPN’s investigative files but the company has refused to release them. Connecticut law mandates that investigative files be released if they are the basis for termination.
“If their investigation had nothing to do with Brooke being fired then why was she fired? If it was the basis for her termination, then why are they not handing over the investigative files as the law requires?” questions Richard E. Hayber, Hundley’s attorney.
The suit also claims ESPN defamed Hundley in November 2009 to The Associated Press by falsely stating that Hundley’s statements were “inconsistent.”
“As a direct and proximate result of Defendant’s defamation, Plaintiff lost her job, lost subsequent job opportunities, and has been harassed by the public as a result of the ensuing publicity,” according to the lawsuit.
The lawsuit asks for lost wages and benefits along with relief for emotional distress, mental anguish, damage to her reputation and attorney’s fees.
In a separate proceeding before the Connecticut Commission on Human Rights and Opportunities, Hundley has claimed that she was fired for reporting and opposing Phillips’ sexual harassment of her.
Source: prnewschannel.com
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