New York Post has no new comment after Bart Hubbuch lawsuit

NFL reporter Bart Hubbuch has sued the New York Post for wrongful termination. Eventually, the Post will be required to say something, in the form of a formal response to the complaint. For now, the Post is opting to say nothing.

A spokesperson for the Post told PFT that the publication is standing on its prior comment regarding the situation.

Said the Post last week, after news surfaced of Hubbuch’s termination: “We expect our reporters to interact with the public, including on social media, in a professional manner. Unfortunately, Mr. Hubbuch has engaged in a pattern of unprofessional conduct and exhibited serious lack of judgment, including most recently showing disrespect for the victims of Pearl Harbor and 9/11.”

The Post will be required to respond within a specific time frame after being officially served with a summons and the complaint. The Post will be able to file a motion to dismiss the case if it chooses. It also can opt to submit an official answer, which responds point by point to the allegations made in the lawsuit.

The easiest argument would be to prove that Hubbuch’s tweet, which compared the inauguration of Donald Trump to Pearl Harbor and 9/11, doesn’t fall within the protections of New York Labor Law Section 201-d, which prohibits termination from employment based on “legal recreational activities outside work hours, off of the employer’s premises and without use of the employer’s equipment or other property.” If the Post can show that Hubbuch was within work hours or on the company’s premises or using a computer, tablet, or cell phone owned by the Post, the legal protection would arguably evaporate.

The unofficial playbook for defending employment discrimination cases typically entails an aggressive attack against the person who sues, with any and all plausible arguments pursued in an effort to complicate the process as much as possible and to make the case less about the conduct of the employer and more about the conduct of the employee. Whether the Post will pursue such tactics will begin to become clear after the Post begins the process of defending itself against Hubbuch’s claims.

15 responses to “New York Post has no new comment after Bart Hubbuch lawsuit

  1. A lot of us in the media industry are “required” by our companies to use social media (even to the point of tracking the number of posts we do at any time of day, ergo no traditional ‘off-hours’ on it).

    So if we create a Twitter handle and then tie it specifically to the company (the Twitter bio, etc.), then it also becomes ‘property’ in a way such that we can’t just mouth off with impunity as if we’re some random yokel.

    We’re getting followers based on our position, and our employers are expecting us to engage and maintain that social presence as a feedback to the actual product… So I doubt this reporter is going to be able to get off by claiming he has a right that his Twitter account have a sort of ‘off hours’ window for him to post whatever he wants.

    I don’t think it would matter if he didn’t happen to tweet it using a company phone or computer. If he could argue that 80% of his followers were already there before he took the job or something, then maybe he’d have a better way out.

  2. He’s sports reporter…not a political reporter. As such, he’s beyond his purview when expounding about politics.
    As outlined above by “Salamano”, his Twitter account is tied to his employer, it is not his personal Twitter account. As such, he is tweeting on behalf of his employer.
    As an aside: The fact that an hysterical liberal Drama Queen got fired for being an hysterical liberal Drama Queen….gives me a massive smile.

  3. Oh I get it….

    This is football related because this guy is an NFL reporter? This agenda pushing political site sure could use a hyper link to a football rumor site.

  4. I rarely wish for someone to lose their job, but this is karma for this guy. When a Boston reporter stated tongue in cheek, something along the lines of shooting Roger Goodell. It was obvious to everyone that it was a joke, maybe a poor joke but obviously a joke. Well good old Bart started acting as though it was serious and demanding he get fired. Well look at who got the axe, karma strikes again.

  5. Having a hard time finding the part where this situation has anything to do with football anymore.

  6. Let it go…try to enjoy the next 4 years and vote for the Dem that is placed in front of you. My bet is outside of paying less in taxes the Trump presidency will have zero effect on your day to day life.

    Now lets talk the cap, draft and free agency.

  7. Ironically it’s you right wingers who are the snowflakes who get so upset when people say things like he did. You also get really upset with coffee chains and Saturday Night Live. Have you even stopped to realize that it’s actually you who desperately need to retreat to your safe spaces?

  8. Hubboch edited a video relating to WEEI morning guy Kurt Minihane calling for violence to Goodell. Hubboch edited out Minihane saying, “of course I’m joking” and then tweeted the video, which went viral and Minihane lost a tv gig at CSN (he has since returned). That makes Hubboch a nasty guy and karma is now coming back to haunt him. The sweet irony is that he lost his job relating to Twitter.

  9. I like the way he sez what the issue was insulting 9/11 and pearl harbor victims. Like disrespecting the president and the office he is ok with.

  10. That headline “Everyone was wrong” makes me laugh. The pre election polls were exactly right. Hillary could not beat Trump. The DCN ignored that data and not only pushed her though anyway, but rigged the DNC so ONLY she could win

    The Trump Presidential term is on you DNC. Nobody wanted her and you refused to listen.

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