Jets file countersuit vs. ex-exec, allege 'unlawful conspiracy' - ESPN
The New York Jets filed a countersuit Tuesday alleging a former vice president participated in an «unlawful conspiracy» to falsely accuse team president Hymie Elhai of sexual harassment «solely for the purpose of destroying his impeccable reputation and career.»
Elaine Chen, the former vice president of finance, claims in a lawsuit filed last Thursday that she and her husband, Larry Fitzpatrick, the team's former vice president of ticket sales, were fired as retaliation after the claims were made against Elhai.
The Jets responded with a 67-page suit, obtained by ESPN, that claims Chen knowingly participated in the submission of a fabricated email aimed at damaging Elhai and the Jets.
The email was created by an unidentified former employee who, when confronted by the team, admitted that his allegations of harassment against Elhai had no factual basis and that he had worked in concert with Fitzpatrick to send the anonymous email, the Jets said.
The Jets have started an arbitration proceeding against Chen and Fitzpatrick, asserting claims for defamation, tortious interference and civil conspiracy, among other claims.
The Jets' lawsuit contains dozens of texts and screenshots from Fitzpatrick's team-owned phone, which was collected upon his dismissal. A forensic review of the phone shows that Fitzpatrick lied about his role in the sending of the anonymous email and that he deleted 4,000 texts in an attempt to obstruct the investigation, according to the suit.
When questioned by the Jets, Fitzpatrick, with an attorney present, took out his phone and started «furiously tapping» the top of it, appearing to be deleting texts, per the suit. He told investigators in the meeting that he was texting his wife on another matter.
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