Brian Flores will amend his lawsuit to include a claim against the Texans for retaliation

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Plenty of people think that it’s fine for a company to slam a door in the face of a current or former employee who has had the audacity to file a lawsuit against it. It’s not fine. It’s a violation of the rights of the person who filed the claim and then was shunned.

It’s a point that soon will play out for the NFL and the landmark litigation filed against it by former Dolphins coach Brian Flores. In addition to the pending claims against the league, the Dolphins, the Broncos, and the Giants, a source with knowledge of the situation tells PFT that the case will be amended to state a retaliation claim against the Texans for failing to hire Flores.

Obviously, the Texans will never admit that they passed over Flores for an illegal reason. Rarely if ever does an employer confess to improper motivations for employment decisions. Proof of retaliatory intent would come from other less obvious forms evidence.

Flores was one of the three finalists for the job. Then, the job went to Lovie Smith. Common sense suggests that the Texans realized they couldn’t hire unproven and inexperienced Josh McCown, and they wouldn’t hire Flores. Smith became the compromise candidate, arguably thrown into the mix late to allow the Texans to avoid hiring Flores.

Cases like this are proven through a careful review of documents, such as emails and text messages. Also, key witnesses will be grilled aggressively during depositions in an effort to test their stories, and ideally (from Flores’s perspective) to blow holes in them.

Regardless of how it plays out, it’s coming.

68 responses to “Brian Flores will amend his lawsuit to include a claim against the Texans for retaliation

  1. This guy just singlehandedly burned down every NFL bridge he spent the last 10-15 yrs building in a matter of a few months. At this point…I don’t think the USFL will even want Flores.

  2. This is gonna get dirty,.. ugly,.. and I can’t see where Coach Flores is doing himself any favors. I hate racism,… but I don’t think that’s why there aren’t more black coaches in the game.

  3. Happens in corporate America every day. It’s a amazing that a multi-billion dollar entity like the NFL could be so dumb as to think the could retaliate openly & think no one would follow up.

    Reprisal/retaliation is easier to prove than the original claim of discrimination. There has to be a document trail. NOTE: you can’t chew up or flush digital documents.

  4. I assume they have given up on making this a class action lawsuit based on these changes?

    It would be pretty funny if the emails come out and they never had any intention of hiring him as they wanted to hire McCown before he filed his lawsuit.

  5. I wonder if college teams will even hire him, it’s not looking very good for this guy,

  6. Flores is either getting very bad advice or his legal team is billing him insurmountable hours and money and could care less how it all ends because they are getting paid.
    This guy will never and I mean NEVER get a legit opportunity at being a head coach again. These 32 billionaires see lawsuits over and over again and something tells me they are not the least bit worried about them. I only hope that none of these owners or defendants offer any sort of settlement. I do not want Flores to see a single penny from this all. I mean if you believe what he is saying, he isn’t doing it for the money at all. If you believe that I have some cheap ocean front property in Iowa for you too!!

  7. Brian Flores is well within his rights to file a suit and have it heard in the appropriate forum. It will not be decided on the PFT comment board or tried in the court of public opinion. If he has legitimate legal issues supported by evidence he’ll win. If not he’ll lose. But for anyone to suggest he should not avail himself of legal avenues available to him is ludicrous. The fact of the matter is your opinion doesn’t really count when it comes to resolving this case.

  8. I find it hilarious that every poster above is siding with one of the most dysfunctional NFL franchises in the NFL. Lovie Smith is an absolute joke.

  9. “These 32 billionaires see lawsuits over and over again”

    Make it 31 billionaires. I could only wish the City of Green Bay Wis was a billionaire,… my property taxes would go down,…. lolol

  10. footballpat says:

    February 13, 2022 at 5:18 pm

    Brian Flores is well within his rights to file a suit and have it heard in the appropriate forum. It will not be decided on the PFT comment board or tried in the court of public opinion. If he has legitimate legal issues supported by evidence he’ll win. If not he’ll lose. But for anyone to suggest he should not avail himself of legal avenues available to him is ludicrous. The fact of the matter is your opinion doesn’t really count when it comes to resolving this case
    Neither does your opinion and yours isn’t accurately stating the situation. Flores was fired and then didnt get a job so is screaming discrimination when most dont believe that’s the case. To phrase it as you do “to suggest he should not avail himself of legal avenues” is ludicrous. That’s like saying if you dont get hired at a job where there are only a few openings each year(and you’ve already failed at 1 of those jobs) then you should be able to sue for racism too and not expect backlash

  11. Name the first time head coaches that were fired before their contract ended and got another head coaching job?

    None come to mind.

    Belichick spent years as an assistant after he got fired from a Cleveland franchise despite taking the team to the playoffs and having the rug pulled out from under him by Art Modell relocating the franchise.

  12. I called this when he first filed his initial claim. The timing was so that he could claim retaliation when he wasn’t hired in pending interviews….

  13. How exactly can a team/business retaliate against someone who was never employed by the team/business?

  14. Like many Dolphin fans, I was perplexed when Flores was canned.
    No longer.
    Good riddance.

  15. This dude is ridiculous. What’s next, he’s going to amend his lawsuit to include everyone that failed to signal before turning left in front of him? Minority hiring is a problem that the NFL needs to address, but Brian Flores was fired because he could not effectively work with people. He had four offensive coordinators in three years, four offensive line coaches in three years, a defensive coordinator and defensive line coach that left for the same position with other teams because they were tired of Flores, and Jim Caldwell (quarterbacks coach/ assistant head coach) left after a few months because he didn’t want to deal with Flores. Furthermore, Flores created the worst possible environment in which a young quarterback could develop and thrive. Enough of this grandstanding fool.

  16. This is such a terrible look for Flores. He’s completely buried his career. From a PR standpoint, he probably could’ve gotten away with suing the Dolphins for wrongful termination. He might’ve even been able to survive suing the Giants and calling them racists. But this guy went completely scorched earth calling everyone from John Mara to John Elway racist. Now he’s going to try to prove retaliation because he didn’t get the Texans job? Good luck with that one.

  17. Bottom line is Flores and his attorneys will settle with the NFL out of court and probably end up making more than he would have coaching. Sad but true

  18. I do not agree with the lawsuit, however, claiming retaliation is a smart move as Flores can claim he didn’t get the job because the initial Interview was a sham, and if the Texans claim it was not a sham, then he can claim he didn’t get the job as a form of retaliation. Unfortunately, anyone can sue anyone for anything in this country. But the burden of proof is on Flores. Good luck with that .

  19. If Flores wins his lawsuit the tears of the head in the sand as it comes to race PFT commenters will be delicious.

    Just the fact that he cast a light on something they all want to pretend doesn’t exist is already really great.

  20. The fact of the matter is that Lovie Smith is legitimately a far more qualified head coach than Flores. He has led a team to the Super Bowl with Rex Grossman. Sure, it didn’t work out in Tampa but that seems to be the front office as Morris before him and Koetter after him didn’t fare any better. I’ve never heard anyone say anything bad about Lovie Smith as a human either.

  21. Hire me or I’ll file a lawsuit? Obviously that’s not what happened but what did he expect? The distraction and baggage alone make him unsuitable to be an NFL head coach. If he was hired would any decision he made be influenced by his lawsuit? A can of worms with no bottom…

  22. Between Flores and the utter lack of diversity on display for the super bowl (yes, diveristy means all colors, not just black) I’m really thinking my time with the nfl is coming to an end. It’s tiring. 12% of the population makes up 80% of the league and we’re still supposed to feel guilty and believe racism is driving million dollar decisions.

  23. Consider this: Anyone who’s ever been an individual who’s been accused of racism or sexism in the workforce is point blank told they can’t talk to the person making the accusation (usually to find out why they made it) or they’ll be further accused of retaliatory harassment. It happens all the time, and Flores’ amendment will only highlight this. This includes times the accuser merely overhears a conversation, is “made uncomfortable” by the alleged harassment of one of the participants in the actual conversation (who usually has zero problem with what’s being said), and then reports it. Flores is now helping to highlight the ridiculous.

  24. So a guy who is suing the NFL really expected an NFL owner to give him a job? He’s dumber than I thought.

  25. As someone else pointed out above, Hiring Managers and executives move on from possible finalists in Corporate America every day if they believe that the interviewee is good but maybe there is someone else out there who fits their criteria better and want to keep looking. Why should ownership/management in the NFL be any different? They pay the salary, don’t they? And it’s usually in the level of figures most employees in Corporate America will never see. Maybe they felt that if they hired Flores, the lawsuit would be an obvious distraction as he also tried to coach the team and the team suffered with the game results reflecting this. I’d think that they would be right to reconsider as I would want the full attention paid to coaching the team and to get the best possible results in return for the salary he would be paid!

  26. lol… if i we’re an owner i would sue this guy into poverty.
    frivolous lawsuits go both ways

  27. I own a small/medium construction company. If Flores comes up asking me for a job, I’m running away screaming.

  28. Smith is a Super Bowl coach who has more experience in the league, more coaching experience, more success, and more familiarity with the Texans.

    In no way whatsoever is Flores a more legitimate candidate than Smith. For this claim to make sense, he has to convince us he was unquestionably the better candidate.

  29. Trying to understand why people act like Lovie Smith is a bad coach? He has a winning record as an NFL HC and took the Bears to the superbowl! (the freaking Bears)

    Brian Flores has a losing record as HC.

  30. This is a clown show. He’s suing the Texans because they went with Lovie Smith? lol. This is not the way, dude, and you are going to turn everyone against you. Now we see why nobody wanted you. What a psycho.

  31. Flo was terminated for underperforming, & being difficult to work with. He was passed over being hired based on these work practices. Any given employer is within their rights to seek references. He is a Coach that sports a losing record, & is divisive. These are the reasons he is out of a job. Nothing more, nothing less.

  32. Before Flores lawsuit I really liked and respected him, but now he has made himself look foolish and vengeful I can’t support his actions. It is sad to see Flores lose everything he worked for over his career and it is hard to not believe someone is steering in the wrong direction and used his disappointment to anger to make career ending choices. Sad!

  33. Flore’s lawsuit is going to have the complete opposite effect that he claims he is looking for. He lost all credibility by attacking Lovie Smith and the fact that his witness turns out to be one of his best friends since highschool, it all feels like a disgrunlted former employee lashing out. While I agree there is an issue when it comes to minority coaches in the league, attacking one of the few owners who actually has minorities running his team will only backfire on him. He is doing more damage then good with the way he went about it. Let me also point out that when someone from the Patriots talks about the integrity of the game, its laughable. How many cheating scandals was Flores a part of while with the Pats?

  34. It used to be if you hear the name Brian Flores you thought…good
    respectable tough coach who has the Dolphins heading in the right direction…now the guy right or wrong has probably coached his last NFL game at very least as a head Coach!

  35. Remember when he got fired, and it seemed shocking? Does it still seem shocking? Cuz now I totally get it. This guy has the arrogance of Belichick but without the hardware on his hands.

  36. Guess all those clowns shouting the firing was stupid and baseless are now silent. So Ross was actually smarter than all of you.

  37. cavredleg15 says:
    February 13, 2022 at 5:43 pm
    How exactly can a team/business retaliate against someone who was never employed by the team/business?


    By suing the entire league for discrimination – he made every team a party to the lawsuit. So now, when he interviews for a job and doesnt get it – he can claim he is being discriminated against due to retaliation for filing the suit.

    It was the entire reason he filed suit so quickly after not getting the Giants job, and not waiting until all of the pending positions he had or was scheduled to interview had concluded. Many times litigants lose on the original case, but win on the retaliation claim. Basically, even if the original Suit has no merit, the litigant is still protected against being punished for filing the original suit.

  38. This has to be a joke now. I’m guessing all 9 teams that were looking for a coach this year will eventually be added to the lawsuit. Glad my team moved on from this guy.

  39. Brian Flores is banking on the NFL will settle out of court. Now he’ll be required to sign a Non-Disclosure Agreement however, if Mr. Flores and his legal team feels otherwise they’ll ignore that. As long as Flores legal team is working on a contingency what does he care.

  40. Don’t you have to actually work for an employer before you can sue them for “retaliation “?

  41. a month ago this dude was picking up speed in the left lane and now he is “up on blocks”.

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