Tuesday, October 09, 2012

Mark Schubert's Response to Dia Rianda's Wrongful Termination Lawsuit - Lots of bravado in the response but little substance.

A previous post here will explain the lawsuit: [Link]

Swimming World titled the article: "Mark Schubert's Response Blasts Dia Rianda's Wrong Termination Lawsuit." Schubert's lawyer, Richard Foster, claims therein that despite that Mark Schubert was Dia Rianda's boss her complaint is with the Golden West Swim Club and that she can't drag Schubert into it. Well, he is wrong. She can drag him into it because he was a party to the dismissal.

Here is a reference:

"... Armstrong Law Firm Sues California Pizza Kitchen for Sexual Harassment & Pregnancy Discrimination: 
The lawsuit names California Pizza Kitchen Supervisor Andy Lee (Palo Alto restaurant) as the individual who engaged in sexually abusive and harassing behavior. The complaint states that Lee had informed the plaintiff that he had prior sexual harassment complaints filed against him...."


I learned early that an employee can drag their supervisor into court over a wrongful termination case especially if they had a part in the wrongful termination which is what Dia is accusing him of doing.

Foster then goes on to say disparaging things about Dia saying what a naughty coach she was, blah, blah, blah, which I don't believe because every time I visited Dia's FaceBook page; (When I was on Facebook), she was showered with love everyday. In fact here is here resume: [Link]

From Swimming World:

"... Plaintiff and her counsel have alleged claims against Schubert that have no basis in the law," Foster's response states. "... all of her claims can only be brought against her employer, Golden West Swim Club. They are not claims that can be brought against Schubert, who was and is an employee of the club. With minimal research, an entry level attorney could have figured that the law does not allow Plaintiff to sue Schubert individually on the claims set forth in her complaint. ..."



Anonymous said...

So Dia has specific concerns regarding inappropriate behavior and Schubert comes out and personally attacks Dia as a person.

The following statements by Schubert's attorney were interesting:

"extremely unpopular and unaccepted by the clubs Senior swimmers"

"created problems with the Golden West swim clubs Board of Directors"

"rude to Golden West College staff and water polo coaches"

The board of directors all have senior swimmers. (coincidence?) Golden West College is thrilled to have Schubert. They hired him after he was fired as the national coach - a lot of people will go to great lengths to protect their friends.

What about all the other families and coaches belonging to Golden West Swim Club? Schubert and his attorneys can't find anyone who will testify that Dia is such a horrible person?

Tony Austin said...

She is one of the most generous acquaintances I have ever known. A history of philanthropy, adores swimming to the nth degree, gave up a lot to help her friend Mark Schubert and look what he allowed his attorney to write about her.

She's gold as a person.

Anonymous said...

I suggest you ask around before you praise this person Dia... just an FYI she's pro at mind games...

Tony Austin said...

I personally know Dia. Her word and her character are triple AAA rated Bond.

Anonymous said...

You mentioned you only know her via Facebook, some know her on an everyday basis and believe she has you fooled

Tony Austin said...

WHat years wee those. We have since gotten closer. My relationship with Dia is actually none of your business. so go build your straw man somewhere else.

Anonymous said...

True, none of my business, but you're saying she's such an Angel in your eyes that does nothing wrong, and yet she's done so much wrong to so many...take the blinders off for a minute just saying...many people don't speak up against her because she has bullied and threatened them/us for so long that they're/we're afraid of what she might do.

Tony Austin said...