Last month, we told you about a lawsuit filed in New York by the ex wife of Mets great Art Shamsky. Kim Valentini-Shamsky is a recruiter (headhunter in the lawsuit) who alleges a laundry list of misdeeds by Deloitte, all brought on because she wouldn't bang the Deloitte guy she was sending candidates to.
Deloitte's lawyer uses a lot of $10 words in its Motion to Dismiss, but most notable are a few points:
- Shamsky was never employed by Deloitte, so she can't allege employment discrimination
- She can't claim emotional distress as the one year statute of limitations ran out
- As to her beef about Bastone deliberately rejecting candidates she sent to Deloitte out of spite, Deloitte says those candidates sucked and that's why they were rejected
Basically, Deloitte thinks Shamsky is just mad because they terminated their contract with her, which they were free to do at any time. Their fancy lawyers don't hesitate to pull punches in their motion, calling Shamsky's claims "patently without merit." Additionally, the motion points out that in order to claim emotional distress, the behavior must be "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community."
If Shamsky's claims are true, that "outrageous" behavior included a kiss and Bastone putting his hand on her leg. While inappropriate, that hardly counts as "atrocious" and "utterly intolerable."
Full Motion to Dismiss included below.