Rough Waves: The Onslaught of Allegations Against the San Diego Wave Fútbol Club Lawsuit

[1]

Initial Suit: The Beginning of a Legal Wave

On October 7th, 2024, five former employees filed a lawsuit against the San Diego Wave Fútbol Club (“Wave”) and the National Women Soccer League (“NWSL”).[2] In the initial lawsuit, the five plaintiffs alleged multiple instances of discrimination, retaliation, wrongful termination, and sexual harassment.[3] Since the initial filing of the lawsuit, a sixth plaintiff has joined the suit alleging the same claims as the original plaintiffs.[4]

In the lawsuit, Jane Doe 2 alleged that a former male supervisor within the Wave organization repeatedly sent her sexually explicit pictures, inappropriate messages, and engaged in unwanted advances towards her.[5]After rejecting his advances, Jane Doe 2’s workload was affected when she was no longer scheduled for “ambassador” events that she was supposed to work.[6] She was ultimately terminated in August of 2023 for not working enough events.  Jane Doe 1 also alleged that the same employee sexually assaulted her when she worked for the club.[7]

The lawsuit also traces allegations against the club’s former president and former head coach of the United States Women’s National Team (“USWNT”) Jill Ellis, dating as far back as 2022.[8] Even though Ellis is implicated several times in the lawsuit, she was not named as a defendant.[9] From 2022 onwards several reports were published where it became known to the NWSL that Jill Ellis was creating an unsatisfactory work environment and that employees often left her office in tears.[10] In response to the lawsuit, the NWSL has commented that they are “working really closely” with the Wave’s new ownership, but they have not provided specific details on how.[11] The league’s commissioner, Jessica Berman, was unable to make further comments about an ongoing litigation.[12]

Previous Claims

This lawsuit mirrors claims made in July 2024 by former Wave employee Brittany Alvarado, a videographer.[13] Alvarado, in a post across multiple social media platforms, alleged that several members within the Wave organization created a toxic work environment.[14] She also specifically named Jill Ellis as creating such an environment. [15]

Since the publication of Alvarado’s statement, several other former Wave employees have also spoken out about their time working for the club.[16] One such former employee was Bernadette O’Donnell, the Wave’s former Senior Communications Manager, who took to the social media website X to echo similar statements to those made by Alvarado.[17] O’Donnell wrote about the “unhealthy work environment” before being forced to take leave and then ultimately faced termination. [18]

In response to Alvarado’s statement on social media, the San Diego Wave released their own statement denying the allegations as “inaccurate and defamatory.”[19] They also defended Jill Ellis by claiming the allegations against her were “categorically false,” and that they intend to pursue “all legal avenues available.”[20] In response to the allegations made against her, Jill Ellis has filed a defamation lawsuit against Alvarado. [21]

Waves of Possibility Ahead

The Wave is a relatively new club with it only beginning play in 2022.[22] Despite being a more recent expansion, the club has had success in winning both the NWSL Shield in 2023 and the NWSL Challenge Cup in 2024.[23] Despite the lawsuit and allegations, there may still be hope for the club.  As of October 17, 2024, the Wave is under new ownership.[24] The club was bought by the Levine Leichman Family Office.[25] Laura Leichman and Aruthur Levine founded a global private equity firm called Levine Leichtman Capital Partners.[26]

Regarding the NWSL, as of February 5, 2025, a settlement fund has been established following two separate investigations into the league.[27] Those investigations led to determinations that there was league-wide abuse, including but not limited to: sexual assault, coercion, harassment, and retaliation.[28] The five-million-dollar settlement will compensate players because the NWSL never compensated victims for the abuse they endured.[29] Further, the settlement will allow the attorney generals of New York, Washington, D.C., and Illinois the ability to oversee changes in the NWSL and to fine the league for failure to comply with such changes.[30]

As to the ongoing lawsuit filed against the San Diego Wave and the NWSL, it is still in the early stages of litigation. There is no telling what will happen next, if more plaintiffs will join, settlement, or they could proceed to trial. Hopefully, with proper capital investment, employee vetting, and policy changes, the Wave can restore its former glory as one of the best clubs for both players and employees in the NWSL.

 MARION GUNPAT (staff writer) Is a 2L at Villanova University Charles Widger School of Law originally form Queens N.Y. She is an avid New York sports fan, along with following international soccer. Her interests include intellectual property, contract negotiations, and international law.

References:

[1] Photo by Ben Wiens on unsplash:

https://unsplash.com/photos/empty-green-stadium-PrEgSKqnrIQ

[2] Melanie Anzidei, San Diego Wave and NWSL face discrimination lawsuit filed by five former club employees (Oct 11, 2024) The Athletic. https://www.nytimes.com/athletic/5837948/2024/10/11/san-diego-wave-discrimination-lawsuit-nwsl/

[3] Id.

[4] Jeff Kassouf, Sixth ex-employee joins lawsuit against Wave, NWSL (Jan 6, 2025) The Equalizer. https://equalizersoccer.com/2025/01/06/sixth-ex-employee-joins-lawsuit-against-wave-nwsl/

[5] Id.

[6] Id.

[7] Id.

[8] Jeff Kassouf, San Diego Wave, NWSL sued by five former employees (Oct 9, 2024) ESPN. https://www.espn.com/soccer/story/_/id/41704060/san-diego-wave-nwsl-sued-former-employees

[9] Id.

[10] Diana Moskovitz and Lesley Ryder, San Diego Wave, NWSL Sued For Team’s “Abusive And Hostile Work Environment” (Oct 9, 2024) Defector. https://defector.com/san-diego-wave-nwsl-sued-for-teams-abusive-and-hostile-work-environment

[11] Jeff Rueter, NWSL commissioner Jessica Berman addresses Wave lawsuit, filed conditions: ‘Club is going to be healthy and strong’ (Nov 16, 2024) The Athletic. https://www.nytimes.com/athletic/5926137/2024/11/16/san-diego-wave-jessica-berman-lawsuit-field-conditions/?onboarded=true&source=athletic-plopro

[12] Id.

[13] Brittany Alvarado (@bavacado2), X (Jul 03,2024, 12:47 PM),  https://x.com/bavacado2/status/1808543202951246031

[14] Id.

[15] Id.

[16] Former San Diego Wave FC employees make allegations of unhealthy work environment (Jul 3, 2024), NBC. https://www.nbcsandiego.com/news/sports/former-employees-make-allegations-of-unhealthy-work-environment-at-wave-fc/3557785/

[17] Id.

[18] Id.

[19] Diana Moskovitz and Lesley Ryder, supra note 10.

[20] Id.

[21] Jeff Kassouf, supra note 8.

[22] Bekki Morgan, ‘F*** yeah’: History keeps coming for San Diego as Wave win NWSL Shield (Oct 15, 2023), The Equalizer, https://equalizersoccer.com/2023/10/15/alex-morgan-f-yeah-san-diego-wave-nwsl-shield-winners-history/

[23] Shield-Winning San Diego Wave FC to play Reigning NWSL Champion NJ/NY Gotham FC in NWSL Challenge Cup, San Diego Wave FC,  https://sandiegowavefc.com/shield-winning-san-diego-wave-fc-to-play-reigning-nwsl-champion-nj-ny-gotham-fc-in-nwsl-challenge-cup/.

[24] Levine Leichtman Family Office Completes Purchase of San Diego Wave Fútbol Club, https://sandiegowavefc.com/levine-leichtman-family-office-completes-purchase-of-san-diego-wave-futbol-club/

[25] Id.

[26] Id.

[27] Anne M. Peterson, Settlement creates $5 million fund for NWSL players after abuse scandal (Feb 5, 2025) The AP. https://apnews.com/article/nwsl-abuse-uswnt-8d0486954bf5a4ab5ddcc3aebea4ed04#

[28] Id.

[29] Id.

[30] Id.