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Re:Atlassian fired me while I was taking care of my wife who... by helloguillecl on Thursday September 16, 2021 @03:29PM (#28556214)
And now tell us, how would the rest of us know how working for X it's like? Should we just rely on their HR marketing?

By keeping it quiet, the company would be simply getting away with their unjust practices and unprofessional management.

If it's clear that the company cannot see that they are doing something wrong... you'd be keeping it quiet to get exactly what from them?

Re:Atlassian fired me while I was taking care of my wife who... by errantspark on Thursday September 16, 2021 @03:40PM (#28556388)
This person is giving advice from the PoV of an individual comfortable with playing zero sum or even negative sum games as long as they are able to continue winning.

Don't be like this, don't corrode the commons for personal gain. By not speaking out you are endorsing a harmful asymmetry, make no mistake about your personal responsibility for perpetuating hostile norms.

Re:Atlassian fired me while I was taking care of my wife who... by outworlder on Thursday September 16, 2021 @05:39PM (#28558026)
I would normally agree _IF_ the person didn't already have to deal with his wife's cancer. Under the US health system no less.

Some other reason? Meh, it's just a job. But getting thrown into distress, financial or otherwise, warrants looking out for oneself (and family) first.

Choose your battles.

Re:Atlassian fired me while I was taking care of my wife who... by rcMgD2BwE72F on Thursday September 16, 2021 @06:16PM (#28558451)
The more the collective situation worsen, the worst all individual cases go. You're advocating a vicious cycle, or I can't see a possible equilibrium.
Re:Atlassian fired me while I was taking care of my wife who... by wokwokwok on Thursday September 16, 2021 @08:29PM (#28559625)
I think that as long as in general folk do the right thing, if a few folk “unfairly” do the wrong thing because of extenuating circumstances like having cancer (or a family member having that or something else serious)… well, that’s ok.

Calling for universal absolute behaviour from everyone is unkind, and, statistically not necessary for the outcomes you want.

Basically; it’s easy to say “call them out!” when it’s not you and youre not taking any risks.

Pretty nice and comfortable to sit in your armchair and say that…

I think there are a lot of people here to want someone else to do it, but aren’t willing to do it themselves.

Re:Atlassian fired me while I was taking care of my wife who... by lhorie on Thursday September 16, 2021 @04:00PM (#28556715)
Are you just expressing cynicism or are you actually interested? If the latter, you can just talk to insiders.

I had a somewhat curious personal experience at Uber. I went to interview there circa 2016/2017 and got an offer but had to wait for a visa to come out. In the meantime, the Susan Fowler scandal exploded. The hiring manager reached out to me out of his own accord to express his own outrage and how he'd absolutely not tolerate toxic behavior within his area of reach, and that many others within the company shared that feeling.

Turns out he was right: the team I eventually joined was fantastic and indeed there was a very large part of the company that was deeply troubled (and often quite vocal!) about the growing accounts of harassment and injustices. Driven by pressure to get the house in order, this eventually culminated in hundreds of separate investigations, and various degrees of corrective actions (including firing several perpetrators)

Since then, I've heard my share of complaints about higher ups as well (being in a role that involves quite a bit of cross-department communication), so it's not like it's all rainbows and roses, but my main point is that if you ask the average joe in a company, they're often happy to be straightforward with you.

Re:Atlassian fired me while I was taking care of my wife who... by helloguillecl on Thursday September 16, 2021 @04:42PM (#28557286)
Funny that you mention Susan Fowler, because she acted the same way for the commons.

I'd be probably not be speaking about toxic behaviour with a hiring manager, during a high-stake hiring process. Maybe you wouldn't have either if it wasn't for her whistleblowing.

Re:Atlassian fired me while I was taking care of my wife who... by lhorie on Thursday September 16, 2021 @04:58PM (#28557508)
Yes, to be clear, I hugely respect people like Fowler and others who come forth from vulnerable positions to shed light into problems. IMHO, the cleaning house at Uber was largely thanks to her.

FWIW, I'm involved with hiring and have on occasion been asked by candidates about company culture (and in one case, specifically about the Fowler case). I try to be as candid and transparent as possible with these sorts of topics, because that just seems like the natural thing to do.

Re:Atlassian fired me while I was taking care of my wife who... by sjtindell on Thursday September 16, 2021 @03:38PM (#28556353)
I agree with both you and the above commenter. Perhaps it is optimal to keep quiet for yourself, but optimal for the group if none of us keep quiet. A tough problem.
Re:Atlassian fired me while I was taking care of my wife who... by bserge on Thursday September 16, 2021 @04:44PM (#28557308)
Keep quiet on your real identity and use the anonymity of the Internet to share everything.

Just be careful so it can't be traced back to you. That can be pretty limiting, but it's better than nothing.

Re:Atlassian fired me while I was taking care of my wife who... by barneygale on Thursday September 16, 2021 @05:19PM (#28557768)
I really don't see the point of existing unless we try to make the world a better place. Props to OP for posting this.
Re:Atlassian fired me while I was taking care of my wife who... by throwaway675309 on Sunday September 19, 2021 @01:40PM (#28586251)
Trying to make the world better is a laudable goal but let's not pretend that there is some intrinsic "point" to existence. A point to existence almost implies that you chose to exist in the first place.
Re:Atlassian fired me while I was taking care of my wife who... by ISL on Thursday September 16, 2021 @03:48PM (#28556520)
For truly egregious conduct, one can avail themselves of the state attorney-general. They have resources and tools that every company must respect. At least in Washington State, there are also mandated exceptions to all company's non-disclosure agreements for this purpose (I am not a lawyer, this is not legal advice).

GP's statement has a lot of merit. Going on the attack against a well-resourced opponent should only be considered after long and deliberate consultation with legal counsel. Even if you don't involve an attorney, your opponent may/will. Attorneys are expensive and proceedings may take far longer than someone who believes themselves to be in the right may expect.

The system is imperfect, but it abstracts conflict to a higher and more-deliberate plane than bludgeoning one another with sticks or urging a mob to pick up torches.

Re:Atlassian fired me while I was taking care of my wife who... by ohazi on Thursday September 16, 2021 @03:43PM (#28556452)
You can inform the company (through your lawyer) that their options are a settlement with you in exchange for keeping quiet, or public airing of dirty laundry. The company can then decide if the settlement amount is worth the PR hit.

You don't do this out of the goodness of your heart to inform other people how bad the company is, you do this purely to maximize the probability of receiving any sort of compensation from the company. Most people (?) would only consider this route if they genuinely feel that the company has egregiously wronged them, because it's a big, low-probability-of-success pain, and airing dirty laundry is easier and often more cathartic.

If you have already decided that informing other people is more important to you than a settlement (or have concluded that the effort is not worth your while), then fine, you've made a different decision, and perhaps the commons are better as a result. But if you decide to air the dirty laundry, you'll usually lose the ability to change your mind later.

Re:Atlassian fired me while I was taking care of my wife who... by quantumBerry on Thursday September 16, 2021 @04:01PM (#28556726)
>You inform the company (through your lawyer) that their options are a settlement with you in exchange for keeping quiet, or public airing of dirty laundry

That sounds like blackmail/extortion. I'm not a lawyer, but the first amendment should protect you pretty well from merely making truthful accusations, but once you threaten money in exchange for not making them it could be construed as a very serious crime.

Re:Atlassian fired me while I was taking care of my wife who... by sangnoir on Thursday September 16, 2021 @11:17PM (#28560814)
IANAL - but the legal term would be "non-disparagement" as one of the carrots the lawyer dangles. It's all very legal, very cool, and both side perfectly understand what it means.

Avoiding bad PR is one of the reasons most settlements have non-disparagement clauses, usually paired with a confidentiality clause that says you can't even talk about the settlement (and therefore you can't mention or imply the existence of the non-disparagement clause therein).

Re:Atlassian fired me while I was taking care of my wife who... by MaxBarraclough on Thursday September 16, 2021 @04:33PM (#28557174)
Also not a lawyer, but isn't it relatively common for someone to get a payday on condition of not making something public?
Re:Atlassian fired me while I was taking care of my wife who... by jaywalk on Thursday September 16, 2021 @04:38PM (#28557237)
Absolutely. But you're not getting that payday through a threat (extortion) you're getting it through a mutual agreement.
Re:Atlassian fired me while I was taking care of my wife who... by MaxBarraclough on Thursday September 16, 2021 @04:46PM (#28557339)
That doesn't strike me as a very clear distinction. If you negotiate for more money in return for remaining silent, is that blackmail?
Re:Atlassian fired me while I was taking care of my wife who... by jaywalk on Thursday September 16, 2021 @05:07PM (#28557609)
No, it's a negotiation at that point. I'm not a lawyer, but I'm fairly certain that the difference lies in whether or not you make a demand. If you simply say "I'm going public with this info on X date" and leave it at that, it's not extortion. If the other party decides they want to pay you to not do that, it's on them and you can negotiate from there because they made the offer. If you say "I'm going public with this info on X date unless you pay me" it's extortion.
Re:Atlassian fired me while I was taking care of my wife who... by quantumBerry on Thursday September 16, 2021 @05:18PM (#28557765)
I'm not sure it works like that. You may get away with it, assuming the lawyer never reveals your intent, but this sounds a lot like the "security" extortion rackets of the mob:

"Hey thought you should know, my 'security' company is currently for hire for businesses around town. We heard through the underground grapevine that a lot of folks may lose some product in their bodegas next month. Anyway, nice to introduce you to my 'security' business -- have a great month!"

If you revealed that your true intent was blackmail, and that's what this is, to your lawyer or anyone else then I imagine the intent in combination with the act is enough to nail you.

Re:Atlassian fired me while I was taking care of my wife who... by afiori on Friday September 17, 2021 @06:01AM (#28563347)
IANAL, but often it is not extorsion when you are the victim:

Give me money or I will tell the public that you did me wrong -> not extorsion

Give me money or I will tell the public that you did someone else wrong -> extorsion

I believe that the litmus test is whether you are entitled to a compensation or not.

Either can be defamation though.

Re:Atlassian fired me while I was taking care of my wife who... by quantumBerry on Friday September 17, 2021 @12:44PM (#28567654)
That explanation does make sense. But Shitlassian guy did talk about things that were done wrong to other people, so I'm not sure he'd be able to pass this test.
Re:Atlassian fired me while I was taking care of my wife who... by afiori on Saturday September 18, 2021 @01:36PM (#28577870)
I would think of those as supporting evidence.

In my previous classification it would be extorsion to say "pay me or I will add those things to my accusations" but not to say "pay me or I will drag you in the mud as much as possible", that is it would matter whether you keep them bundled together or not.

Re:Atlassian fired me while I was taking care of my wife who... by jaywalk on Thursday September 16, 2021 @04:37PM (#28557212)
Yeah, no lawyer worth their license would ever do this.
Re:Atlassian fired me while I was taking care of my wife who... by ohazi on Thursday September 16, 2021 @07:02PM (#28558923)
It sounds like you have an overly idealistic view of how this process works.

Why do you imagine non-disclosure agreements are standard after an out-of-court settlement? It's because "pay me or I'll badmouth you" is essentially always one of the implied threats.

You can call it blackmail if you want (and I'm being deliberately glib here, because I also think it's at least blackmail-esque), but your lawyer and the company's lawyer will absolutely understand that this is how things are done.

Re:Atlassian fired me while I was taking care of my wife who... by SkipperCat on Thursday September 16, 2021 @03:39PM (#28556374)
His first duty is to his family, so he should have done anything within the bounds of morality to get as much time/money/aid for his wife. That's why I say take the path of privacy to get a settlement.

Also, this isn't an issue of a company doing something illegal or immoral. We are not talking slave labor or dumping toxic chemicals. This is an argument over compensation levels and therefore I don't think he owes the world his story for the cost of making himself a pariah.

Re:Atlassian fired me while I was taking care of my wife who... by helloguillecl on Thursday September 16, 2021 @03:47PM (#28556503)
Oh I think we read different articles. This is about deception that company used to sell themselves as better places to work than they actually are.

Knowingly missrepresenting the working condition is exactly that: immoral.

INAL but is see no way this would damage his legal leverage... actually the opposite.

Re:Atlassian fired me while I was taking care of my wife who... by TeMPOraL on Thursday September 16, 2021 @03:55PM (#28556628)
> INAL but is see no way this would damage his legal leverage... actually the opposite.

IANAL either, but I imagine posting this gives an opening for Atlassian to sue for slander and ruin the author by taking forever to debate minutiae of every sentence in the article - whereas if the author went after Atlassian directly, the case would be only about what the company did or did not do to them personally.

Re:Atlassian fired me while I was taking care of my wife who... by adolph on Thursday September 16, 2021 @04:16PM (#28556919)
“I’m not f---ing around with this, and I’m not continuing to play games,” Avenatti told Nike reps, according to court papers. “You guys know enough now to know you’ve got a serious problem. And it’s worth more in exposure to me to just blow the lid on this thing. A few million dollars doesn’t move the needle for me.”

https://www.nbcnews.com/news/us-news/michael-avenatti-guilty...

Re:Atlassian fired me while I was taking care of my wife who... by TeMPOraL on Thursday September 16, 2021 @04:19PM (#28556976)
> Avenatti was arrested in March, about 15 minutes after tweeting that he had scheduled a press conference to “disclose a major high school/college basketball scandal perpetrated by @Nike.”

That's one quick police response. Regardless of the merits of the case, I'm scared of the headline itself.

Re:Atlassian fired me while I was taking care of my wife who... by bragr on Thursday September 16, 2021 @04:55PM (#28557457)
They don't work that fast. It is more likely he found out they were on the way to arrest him and announced that as a way to get ahead of the news.
Re:Atlassian fired me while I was taking care of my wife who... by franciscop on Thursday September 16, 2021 @04:52PM (#28557419)
Somehow since it wasn't mentioned in the article and me being European, I didn't even think about money as a relevant factor in the whole debacle, only about the time involved and needed to be with the family. I cannot imagine being in the same situation, and besides the horrible bad situation, having to worry about going bankrupt.
Re:Atlassian fired me while I was taking care of my wife who... by MrDresden on Thursday September 16, 2021 @05:37PM (#28558003)
I am a EU based software dev, who is currently going through a cancer diagnosis & treatment of a partner (her second one in as many years).

Knowing that I have legally mandated sick leave with pay that covers me for some time has helped immensely while going through this ordeal. Not to mention all healthcare costs taken care of by the state (rather than via some weird golden handcuff scheme with my employer).

I simply can not imagine how vadly workers in the US are exposed when the unexpected happens (and it does, unexpectedly).

Re:Atlassian fired me while I was taking care of my wife who... by SZJX on Monday September 20, 2021 @08:03AM (#28592846)
I thought the sick leave with pay would only apply to yourself, but not when your partner is sick? Though maybe there is some way to get leaves for yourself to take care of your partner I guess.

Also, even though most Europeans like to say what you said, the fact is still that, as a young healthy individual, the possibility of you even getting sick and needing to go to the doctor is actually incredibly slim. I haven’t visited the doctor except for the dentist in a few years but I’ve paid massive amounts into the German health care system, and I would still much prefer the American pay to the European social system. Maybe when you have a family the European way of life would have more appeal, but even then the system is somewhat collapsing as we speak, e.g. the horrible wait to get an appointment at NHS and also to some extent for the publicly insured Germans. I would still trust having resources at my own disposal instead of leaving my fate on a big, public system working the same for decades, which never happens in history.

Re:Atlassian fired me while I was taking care of my wife who... by fullstackwife on Thursday September 16, 2021 @03:40PM (#28556376)
It's better to not extrapolate it on entire company (a dozen of offices, thousands of employees worldwide, different policies per continent or country).
Re:Atlassian fired me while I was taking care of my wife who... by jsf01 on Thursday September 16, 2021 @04:14PM (#28556912)
On anonymous review sites like Glassdoor. Companies care about their reputation on there yet employees who post are fairly protected by anonymity.
Re:Atlassian fired me while I was taking care of my wife who... by quantumBerry on Thursday September 16, 2021 @04:58PM (#28557505)
I have done this for a company who was knowingly making materially false information to investors. The company merely asked glassdoor to remove it, and they did. It's probably not worth the liability to glassdoor to have reviews that actually show material deficiencies in a company, like lying about benefits.

I've also done this on yelp when I was working as a contractor when I should have been an employee. The company informed yelp I was an employee, so my review was removed (yelp only has a policy employees cannot leave reviews, they had no such policy for independent contractors at the time I left the review). This was doubly insulting because I tried to inform yelp the entire reason I left a review was because I _should_ have been an employee and not a contractor, and yelp informed me I was actually an employee so I could not use their platform!

I also disagree about it being a career ender to publicly reveal serious dishonesty in your employer. The company I work for now usually laughs when I talk about all the shit I've been through and spoken of ( I worked for two very dishonest companies, out of the dozen or so I've been with). If you work for honest people, then they have a vested interest in the dishonest being exposed (its good for their business).