A lawyer for the New York Giants has filed “a notice of motion to dismiss on Tuesday, asking a Bergen County Superior Court judge to throw out a lawsuit that alleges ‘a culture of violence in the workplace by Giants’ management toward subordinates,’” according to a report in the New York Daily News.
David Maltese, a 30-year-old video director, is filing a wrongful termination suit against the Giants assessing the club fired in retaliation for his actions relating to a proposed physical threat and not due to cause or performance.
Attorney Pamela J. Moore of McCarter & English argues that the “sensationalized allegations” by former Giants video director David Maltese against the organization and general counsel William J. Heller are insufficient to support the claim he was fired “for retaliatory purposes” in March.
Moore writes that the Giants and Heller will apply on Aug. 27, or as soon after as counsel may be heard, for an “Order dismissing with prejudice the complaint and jury demand in its entirety, for failure to state a claim.”
“Plaintiff’s allegations are nothing more than complaints about private concerns and complaints that he had about his treatment at work,” Moore writes. “They do not rise to the level of a ‘threat of public harm’ sufficient to state a claim.”
The Giants are claiming Maltese was never threatened by Heller and that audio evidence will prove their case.
In Moore’s evidence, a transcript of Maltese’s…
