Reply to The Irish Yank is officially out at peloton

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Hope he wins. There’s two sides to every story of course, but the complaint puts Jen Cotter in a very bad light. [/quote]

This is a complaint.  You haven’t seen the response yet!  Way too early to decide.[/quote]

If the employment agreement required written justification within a given timeframe for terminations with cause and they didn't provide it, the case seems pretty open and shut [/quote]

Said by someone who clearly isn’t a lawyer. A complaint is meant to be a persuasive document. It highlights elements of the story that are favorable to the plaintiff and omits or shades over things that are unfavorable. Without knowing the legal standard of proof required and seeing the defendant’s response, there is absolutely no way to tell that a case is “open and shut”.  [b]Just the fact that Peloton hasn’t settled with him indicates to me that there is a significant amount that he is leaving out. [/b]

Not saying that Peloton is right or that they come out looking great in all this. But the bottom line is that they wouldn’t fire a popular instructor several months after he came back from short term disability and who was actively teaching classes unless there was something else that happened. [/quote]

Not a lawyer, but I thought settling was done for PR purposes and to keep the mess in-house?  Even if you're egregiously wrong, it's easier to pay you to go away than to let this play out in the court of public opinion.  And they may still settle before the case goes to trial.[/quote]

I’m the PP you’re responding to. 100 percent they will settle before this case goes to trial. But settling before the complaint is even filed is a risk calculation that the lawyers do depending (ideally) on the nuisance value of the lawsuit and how much the company has to throw at the plaintiff if a lawsuit plays out in public. If he was a saint and the company screwed up, [b]then the settlement money should have been sufficient to keep him from filing.[/b] So logically, they have something in their pocket that they have to defend themselves with. I mean, if they have good lawyers — maybe they don’t.[/quote]

Interesting, so you think a demand letter was sent beforehand and he rejected it?  I don't think the severance is a settlement, since they gave him 6 months and he theoretically can't work for the remaining 12.[/quote]

It’s generally structured as a waiver of a right to sue after termination. It doesn’t have to be as adversarial as a demand letter and proffer.[/quote]

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