Monday Night Lawsuit! - Sterger v. Favre and the New York Jets?

Posted on October 11, 2010 by Chris Fusco

From all the news coverage about Viking's (and former Jets) QB Brett Favre lurid text messages to Jets' former employee Jenn Sterger, you would think she has unleashed a massive sexual harassment lawsuit against the Jets and Favre.
But as on now, Sterger hasn't sued the Jets or Favre for anything. Given that Favre's alleged harassment may go back to August of 2008, we note that Sterger has 3 years (under NY law) to sue. Even though we don't know all the precise dates of Favre's alleged misconduct, it appears that Sterger may have burned the majority of her statute of limitations time.

So what's causing the delay of the legal game? Well, it's always good water-cooler talk to discuss sordid cases, but a civil lawsuit requires two factors to survive, liability and damages. So let's assume the Jets and/or Favre are liable for the moment.

In this case then, what are Sterger's damages? And I mean quantifiable money damages here. Does she have proof that the Jets (or Favre) retaliated in the workplace for her failure to accept his unwanted advances? Did she not receive a promotion or fail to get a raise? The facts appear that she left the employ of the Jets as an "in-game host" to accept a job as co-host of a show with the Versus network. In addition, Jenn Sterger's own website states that she has finished 2 feature films (in 2009). Based, on all this, it looks like Sterger is doing better than ever with her career and presumably her income as well. We stress that none of these facts should downplay Favre's alleged conduct (or the severe punishment he should receive from the NFL these allegations are true), but you must keep the issue of provable damages in mind.

Sterger may have a "damages problem" in a potential lawsuit. This doesn't mean that her case has no merit especially if Favre's alleged acts are true (as they would be indefensible). But unless she is treating with a psychotherapist relating to Favre's alleged outrageous conduct, her case just might not be worth that much money.

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