So hypothetically, if Poole wanted to go there, could he cause big problems for the Warriors and claim a hostile work environment (assuming there's only a minimal fine/suspension for Green)? Perhaps using his upcoming free agency as leverage, any subpar season, especially if he has to continue to interact with Green, could it be argued for a loss of potential future wages? Surely there's a history of these kind of intra-team scuffles with all teams (and management letting it go), causing a long list of grievances that wouldn't look good for any team if entered into official court records.
You have to figure he'd essentially be blackballing himself from the NBA if he did that (then he has another lawsuit!), but could he do it and have a chance of winning?
In the "real world" you have to fire an employee for assaulting another employee like that, but you know the Warriors aren't going to get rid of Green.
Any claim would have to be weighed against Poole’s own actions, right? Poole was the one (arguably) who assaulted his co-worker first. Even if Draymond made contact, Poole escalated the situation by pushing him away with more force than was necessary, and didn't exercise any duty to retreat.
But, it's hard to analyze the NBA in terms of a normal workplace. For instance, trash talk is largely allowed, in a way that would never be tolerated in corporate America.
You're the lawyer, not me, but I thought Green's initial bump would count as assault (
a quick google search says assault in California includes "...a menacing or threatening act or statement that causes the other person to believe they are about to be attacked), if not assault, at least harassment though, right? As a layman, I'm watching that and see Green as the instigator.
And wouldn't Green's long list of prior problems be able to be submitted to show a pattern of problematic behavior that was allowed by the team thus creating the hostile work environment: cussing out his bosses (Kerr), driving a teammate out of town (Durant), assaults (both on and off the court), suspensions, nut kicks, and I imagine a long list of additional things the public never sees (but a player like Poole could expose) that goes far beyond the behavior of a "normal" NBA player?
(I apologize, but I've been binging Better Call Saul over the last couple of weeks and have my lawyer hat on
)
But, it's hard to analyze the NBA in terms of a normal workplace. For instance, trash talk is largely allowed, in a way that would never be tolerated in corporate America.
I'm kind of thinking of this all through the lens of Harvey Weinstein, Vince McMahon, Sarver, Udoka, high school/college hazing, etc. It wasn't that long ago when sexual harassment was commonplace in a lot of these places; how do you compare the crazy worlds of entertainment or sports to the regular world? But the times they are a changing. (Not that I think the NBA is changing that much in regards to a "hostile workplace", but just hypothesizing...)
