Former Jets Linebacker Claims Bipolar Disorder Got Him Cut
The New York Jets are accused in a disability discrimination suit pending in federal court of cutting former linebacker Erin Henderson from the team…
October 31, 2017 at 02:55 PM
5 minute read
The New York Jets are accused in a disability discrimination suit pending in federal court of cutting former linebacker Erin Henderson from the team last season because he suffers from bipolar disorder.
The suit was filed in Morris County Superior Court on Sept. 26, and the Jets removed the case to U.S. District Court in Newark on Monday.
Henderson claims in the suit that his termination for unexplained reasons was a pretext for dismissal based on his bipolar disorder, and a roundabout way for the team to avoid paying him a bonus and future compensation.
Henderson was signed to play for the Jets in the 2016 season with an option for 2017. But after he played five games for the Jets, he was placed on the team's non-football injury (NFI) list on Oct. 22, 2016, leaving him sidelined for the rest of the 2016 season. And in February 2017, the team declined to exercise his option for a second season, effectively ending his career with the team, according to the suit.
In his last two games before landing on the NFI list, against the Pittsburgh Steelers and Arizona Cardinals, Henderson led the team in tackles, the suit claims, but he was placed on the list just days before the team was due to pay him a $250,000 roster bonus.
Henderson seeks to recoup the $250,000 roster bonus, plus $580,781 in 2016 wages he claims to have lost after being placed on the NFI list, and 2017 earnings and bonuses totaling $2.5 million—compensatory damages totaling $3.3 million.
The suit brings claims for wrongful termination, termination for pretextual reasons and hostile work environment under the New Jersey Law Against Discrimination. The suit also includes counts for false light defamation and intentional infliction of emotional distress, and seeks punitive damages.
Henderson said in the suit that he discussed his bipolar disorder with Coach Todd Bowles, and was directed to undergo treatment for his condition with Derek Suite, a psychiatrist in the Bronx, New York. Suite prescribed Seroquel and other medications to control the bipolar disorder, the suit said.
Suite's LinkedIn page identifies him as consulting team psychiatrist and mental performance coach for the Jets.
Henderson's lawyer, Union solo Lawrence Lavigne, said that after filing the complaint, he obtained a letter sent to team management by Suite. The letter, which was obtained through the players' union, stated that Henderson was unfit to play football because of a drinking problem, according to Lavigne. But Lavigne said the letter's allegation is not true.
Henderson played for the Minnesota Vikings from 2009 to 2014, but was cut by them after two drunken driving arrests in a three-month period. Lavigne said Henderson took part in a rehabilitation program and has given up drinking. Henderson's struggles with drinking were well-known, and the manner that the Jets cut him led to widespread speculation in the media that he had suffered a relapse, Lavigne said. The speculation meant other teams were unwilling to sign Henderson, which is the basis for the false light claim, he said.
“Our argument is if they had publicly said they were letting him go for alcohol abuse, he could come back and say 'test me for alcohol.' It gave him no opportunity to defend himself or to explain that it was bogus,” Lavigne said.
Lavigne said the hostile work environment count was based on interactions he had with Jets personnel, which he said will be described in future court filings, but declined to elaborate.
“My client was getting better and getting more acclimated with the jets. Our argument is the NFI was a complete ruse. [Team management] knew about his bipolar disorder when they signed him—it wasn't a secret,” Lavigne said.
“By not indicating the basis of the NFI, which we think is pretextual to begin with, using the NFI is a good way to avoid [the team's] contractual obligation,” Lavigne said. “They could cut him but when they cut a player, they're obligated to pay out the remainder of his contract.”
Asked if his client suffered any side effects from the medications prescribed by Suite, Lavigne said the drugs might have caused him to oversleep occasionally and to show up late at team meetings.
Henderson has returned to his hometown in Maryland, and is working as a high school football coach and substitute teacher, Lavigne said.
Adam Saravay of McCarter & English in Newark, who removed the case to federal court, did not respond to a request for comment. A Jets spokesman, Bruce Speight, said the team declined to comment on the case.
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