This is a fascinating aspect of this whole thing. If Primo had some past trauma a diagnosed disorder of some kind, it puts the therapist in an interesting position. I am not claiming to have any experience or knowledge of this, I’m just thinking through it… but I don’t think a doctor would press charges or file suit against a patient who suffers from some kind of disorder (autism, for example) that may manifest itself in physical altercation. (Hopefully someone with direct knowledge can address this).
So this puts the therapist in a unique position. On one hand, she is suing (we assume) Primo and the Spurs for… something we don’t know yet (interestingly she is not attempting to press charges and as far as we know no police report has even been filed). If Primo’s actions were the result of some diagnosed condition, she would be the person best suited to testify to that… but she’s conflicted in that regard because she is suing, thus providing her the incentive to downplay any condition Primo may have.
Which leads to what many others have suggested, maybe she isn’t going after Primo at all but rather the Spurs for… something, we don’t yet know. I find it hard to believe though that the Spurs would not have protocols and SOPs in place for how to deal with workplace incidents and would be so foolish as to have wonton disregard for employee safety to the degree to leave them liable for the actions of one of their players.
I still stand by my hypothesis… the therapist reported an incident to the Spurs… they had an investigation performed which came back inconclusive, which caused her to quit. More incidents came to light and now there is cause for the damaged party to say “I brought this to light and the Spurs did nothing, so they are liable for everything that happened”. I believe that accusation is more damaging from a PR perspective than a legal perspective though. So long as an investigation was carried out properly, the Spurs would have little to no liability for not taking action on an incident they could not verify.
These situations are difficult and really SUCK from the company perspective. When one employee alleges an incident, these are the most likely outcomes of an investigation:
- Investigation conclusively verifies the allegation. You appropriate discipline the offending party and make the appropriate moves to protect the victim against retaliation/further exposure if the discipline fall short of termination. This is the cleanest scenario.
- Investigation is inconclusive or cannot credibly verify the incident. This is usually does not end in the victim saying “oh , I must have been mistaken, thanks for looking into it.” Instead this typically leads to a LOT of hard feelings, many times it leads in the victim leaving. What you don’t want to do as a company is apply unjust punishment to the alleged perp (a suspension may be appropriate as often you can pin them for something else than the alleged incident - at the very least of not acting in a manner consistent with the expectations of their position). If you discipline too hard, you face being accused of unlawful termination (even if you don’t terminate).
The worst case scenarios for the Spurs, neither of which I think is likely because I think they are too smart for this as an organization:
- They investigated the incident, it was confirmed, and they did nothing to Primo. That’s bad.
- They retaliated against the therapist by terminating or not renewing her contact as a way to solve the problem (if you can’t work with Primo, we understand… I guess you can’t work here). The more I think of it… this might be the angle. Which would also be very bad.
Companies the size of SS&E don’t typically make these kind of boneheaded mistakes in 2022… but sometimes they do…