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Microsoft Asks For a Refund From Laid-Off Workers [updated]

An anonymous reader writes "The large print giveth, the small print taketh away. Microsoft, which recently laid off 1400 employees, is now claiming that some of those lucky schmoes were inadvertently overpaid on their severance package. A letter from the company, which was subsequently circulated on the internet, states: 'We ask that you repay the overpayment and sincerely apologize for any inconvenience to you.' Microsoft has confirmed the authenticity of the letter, but it's not known what the amounts in question are, or how many of the 1400 were affected." Update: 02/24 14:00 GMT by T : VinylRecords writes "Well, now Microsoft has recanted, saying that the situation has resulted in unfortunate amounts of bad press and public relations. 'This was a mistake on our part,' said a Microsoft spokesman in an e-mailed statement. 'We should have handled this situation in a more thoughtful manner.'"

316 of 424 comments (clear)

  1. No accident by mbstone · · Score: 1, Troll

    There's nothing at all accidental about it. It's a cruel joke perpetrated by cruel people.

    1. Re:No accident by Anonymous Coward · · Score: 5, Insightful

      There's nothing at all accidental about it. It's a cruel joke perpetrated by cruel people.

      Yea, definitely. I bet those guys over in payroll were all like "Hahah, wouldn't it be hilarious if we paid those losers that got fired more than we should? We'd give the company even more bad press, and if we're lucky we might even get fired ourselves!"

    2. Re:No accident by Clever7Devil · · Score: 4, Funny

      What do you mean it's in my contract? You mean that 50 page thing full of legal jargon? Who has time to read that? I just scrolled down and clicked "I accept."

      --
      "By the time they had diminished from 50 to 8, the other dwarves began to suspect 'Hungry.'" -Gary Larson
    3. Re:No accident by INT_QRK · · Score: 5, Insightful

      This just sounds symptomatic of a bureaucracy, which any sufficiently large company becomes over time when it passes a magic threshold of size, complexity and number of employees. It used to happen regularly when I was in the military, and to me and/or my troops on a number of occasions. (Started to become much more rare when the Defense Finance and Accounting Service - DFAS- automated in the, what, mid-nineties?) Sometimes I would catch the error first and try to repay it, only to be told I'd have to wait until the "system caught up." So, I'd just bank the money, then wait until I'd either be surprised by a zeroed pay-check, an angry memo, or both. So, then I'd go back to the "disbursing" office and straighten it out by repaying the overage now that the "system" is prepared to receive it. A bureaucracy is neither evil, good, nor even conscious; it just seems that way. Who said, "never ascribe to evil what can be explained by stupidity"? They call bureaucracies "mindless" for a reason.

    4. Re:No accident by beadfulthings · · Score: 1

      I don't know why you got "trolled" for this. While I could quibble slightly with the word "joke" (cavalier neglect would be my take on it), when you refer to this as cruel, you're spot-on.

      I tend to be a non-admirer of Microsoft in general, but I don't think this is a uniquely Microsoft thing. It is, rather, the same greed and cruelty that seems to have overtaken much of corporate America. At such times one wants to believe in karma, divine retribution, or perhaps pursuit by the Furies.

      --
      "Here's what's happening. You're starting to drive like your Dad..." - Red Green
    5. Re:No accident by chemisus · · Score: 5, Funny

      Nah, I bet their accounting staff are using Excel, and came across another bug such as this one.

    6. Re:No accident by easyTree · · Score: 1, Funny

      There's nothing at all accidental about it. It's a cruel joke perpetrated by cruel people.

      Another funny one would be if everyone that's been forced to 'buy' a microsoft OS when they bought a laptop on which they intend to install l00nix were to ask for a refund.

    7. Re:No accident by MichaelSmith · · Score: 1

      Microsoft must be using a Holmes IV mainframe for their accounting. The best way to fix it might be to feed it lots of jokes.

    8. Re:No accident by gandhi_2 · · Score: 5, Interesting

      Oh man, no joke.

      Guys used to have mysterious allotments coming out of their LES' now and then, with little recourse to find out other than some pay clerk telling you to do a "pay inquiry". Over-payments, no-pay-due's, all kinds of random stuff that was just inevitable in a paper-and-red-tape bureaucracy.

    9. Re:No accident by Pete+LaGrange · · Score: 1

      Why not?

      --
      loyalty above all, save honor
    10. Re:No accident by BluBrick · · Score: 5, Informative

      What do you mean it's in my contract? You mean that 50 page thing full of legal jargon? Who has time to read that? I just scrolled down and clicked "I accept."

      I see - you mean that legal document by which I am no longer bound* now that the agreement has been terminated by you. kthxbye!

      (*) IANAL YMMV E&OE IMHO GTFO STFU

      --
      Ahh - My eye!
      The doctor said I'm not supposed to get Slashdot in it!
    11. Re:No accident by mpyne · · Score: 4, Interesting

      Yeah, my father was in the Navy and had this kind of thing happen all the time. Once even the other way around, where DFAS paid much less than normal and "caught up" with next month's payment while my parents were scrambling around going WTF.

      I hear of this kind of thing much less frequently nowadays though. I joined myself and haven't had problems, although our Chief of the Boat managed to run afoul of a DFAS screwup.

    12. Re:No accident by thePowerOfGrayskull · · Score: 1

      Cruelty by definition implies intent, or at minimum an emotional state of being. Do you really think this was something done intentionally or maliciously?

    13. Re:No accident by baboo_jackal · · Score: 2, Interesting

      How is this "greedy" or "cruel" at all? It's roughly the same thing as being given too much change at a store. There are about a half-dozen posts above yours that talk about the government (or is it "greedy corporate American government"?) making exactly the same type of mistake.

      Nice that you pointed out that Microsoft is not the first and only company or organization to ever make a payroll error. But where did you come up with the anti-"big evil corporate America! Waaah!" jab, based on this event?

    14. Re:No accident by rrhal · · Score: 1

      You seem to be assuming these people are in Redmond. If they are in Hyderabad they probably are laughing. It is remarkable difficult to be too incompetent if you are a MS contractor in Hyderabad.

      --
      All generalizations are false, including this one. Mark Twain
    15. Re:No accident by shadwstalkr · · Score: 4, Funny

      It's not just the military. A professor I worked with in college once started getting his entire annual salary on each monthly check. It took him and the department accountant three months of arguing with the university to get it straightened out.

    16. Re:No accident by MichaelSmith · · Score: 1

      I asked you not to say that.

    17. Re:No accident by wiredlogic · · Score: 4, Interesting

      Usually, the "official" termination date occurs at the end of the severance period. Most companies retain the "right" to recall you from your enforced sabbatical during that period.

      --
      I am becoming gerund, destroyer of verbs.
    18. Re:No accident by setagllib · · Score: 4, Informative

      http://en.wikipedia.org/wiki/Studies_related_to_Microsoft

      You mean the "Get The Facts" study that, like all the others, has been widely ridiculed for its inaccuracy? Try actually producing a good product instead of resorting to misinformation to get sales.

      --
      Sam ty sig.
    19. Re:No accident by Ethanol-fueled · · Score: 2, Funny

      That was no accident, it's part of the stimulus package.

    20. Re:No accident by Colonel+Korn · · Score: 4, Insightful

      A bureaucracy is neither evil, good, nor even conscious; it just seems that way. Who said, "never ascribe to evil what can be explained by stupidity"? They call bureaucracies "mindless" for a reason.

      I think one could make a good argument for bureaucracies exhibiting consciousness. I think that they long ago reached the point that computerized AI will reach in the future, but with humans and rules as their brains. It's always fascinating to see a bureaucracy do something that no one within it wants or understands, and it happens more than one might expect.

      --
      "I zero-index my hamsters" - Willtor (147206)
    21. Re:No accident by Caduceus1 · · Score: 1

      I went to work at a state university in a professional role which was under a union. I was told that I didn't have to join the union, but I'd have to pay the amount of dues anyways (I think it became an "administrative fee" then). So I was in the union.

      Except the union steward became ill around the time, and somehow the paperwork wasn't processed - and payroll failed to deduct the dues from my paycheck. Not having seen the dues on the paycheck before, I never realized they were missing.

      A year later they noticed the error - and demanded back dues for the previous year. Since they had the ability (and apparently the right as far as I could determine) just to take it out of my paycheck, it was easier just to pay it. It wasn't THAT much, but I was making less than half of what I make now at the time, so it was a little painful back then.

      They later screwed me again when I left, which was in the first month of the year, getting all my accrued vacation pay (I had taken one week of vacation over the years). They only withheld taxes as if that was all I would make that year, instead of based on my salary - so it qualified under the lowest tax bracket. I didn't know that, and come the next year's tax filings suddenly I owed several thousand dollars when I had never owed in any previous year...

      --
      rm /dev/mem
      Sci-Fi Storm
    22. Re:No accident by clodney · · Score: 1

      I can top that - at my first job out of college in 1983 I elected long term disability coverage, which should have been a few dollars every pay period.

      I always wondered why they never actually collected it, but it was my first job and I assumed they knew what they were doing.

      Sometime in the mid 90s I got a call from an external auditor - they had realized that I had been covered on their policy for a dozen years but never paid for it.

      They didn't ask me to pay the arrears, but let me choose whether to start paying or drop the coverage.

    23. Re:No accident by I_want_information · · Score: 1

      Did you fail to notice that you were not negotiating your own contract?

    24. Re:No accident by niteice · · Score: 2, Funny

      pursuit by the Furies

      I initially read that as "furries", which made this article VERY disturbing...

      --
      ROMANES EUNT DOMUS
    25. Re:No accident by Thinboy00 · · Score: 1

      So sue them.

      IANAL, YMMV, this isn't formal legal advice, don't sue me if it doesn't work ETC.

      --
      $ make available
    26. Re:No accident by pintpusher · · Score: 1

      just call them and complain to the nice person on the phone. I know it's a shocking thing to say, but some of them are genuinely helpful. /me runs and hides

      --
      man, I feel like mold.
    27. Re:No accident by LingNoi · · Score: 1

      Because the link you're using doesn't exist. If you type it in it comes up "page not found".

      Stop attributing to malice what can be explained by your own idiocy.

    28. Re:No accident by morghanphoenix · · Score: 2, Informative

      Direct click from the get the facts web page, you click on case studies, you get this message. I took that screenshot about two years ago, I really doubt they've kept their whole web site laid out exactly the same this whole time. Now you have me wondering though, how does malice exchange places with incompetence? I fail to see how anything here can be atributed to malice aside from your idiocy comment, which only shows your own. Check the date it was posted to photobucket, then tell me if you really believe the link from that day will still be valid toady.

    29. Re:No accident by Anonymous Coward · · Score: 1, Insightful

      Microsoft, a company that (among other things) makes accounting software having an error in accounting? That's not reassuring.

      Also (to parent), I'm not really sure I want to know what the furries' contingency plan is for this sort of situation.

    30. Re:No accident by afidel · · Score: 1

      You were with your first out of college employer about a dozen years later? What industry and what company size? I just ask because that has to be extremely unusual.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    31. Re:No accident by Miseph · · Score: 1

      Yeah, they cut his pay from $30k/year to $3000/year as a cost saving tactic. Somebody in payroll must have just assumed it was a mistake, because not even teachers get paid such an abusively low amount.

      --
      Try not to take me more seriously than I take myself.
    32. Re:No accident by mysidia · · Score: 1

      This only works if you're still in the area and able to be contacted by them.

      If for example, you've permanently moved out of the country, and left no forwarding address, it won't do them any good to try to recall you.

    33. Re:No accident by mysidia · · Score: 1

      It's not really the same, because how much change you get at the store occurs after the sale, it's already a finished and done (non-negotiable transaction) by the time you hand the money: the clerk tells you the amount that is due, you pay a larger amount, the amount of the sale is already declared, and the amount due back to you is amount you paid MINUS amount of the sale.

      When it comes to payroll, the amount is not negotiated the same way -- the employer can pay whatever they choose to pay.

      In the absence of a contract specifying both maximum and minimum they will pay, the employer can pay however much or however little they want, regardless of what was negotiated; it's not a done transaction until the payment is received.

      So naturally, if they pay more than expected, it's not like receiving an erroneous amount of change, it's called having been awarded a raise.

      Of course, they can at any time come back and say there was some "error", they could say they actually intended to pay $1, because they were making an unannounced cut.

      That's the essence of the difference between the two types of situations -- a purchase at a store is a contractual transaction (clerk tells buyer price, buyer agrees, and submits payment).

      In an employer-employee relationship, employee does work, employer pays at their discretion, MAYBE the amount negotiated ahead of time, maybe some other amount at employer's discretion.

      Other relationships are called independent contractors (where there's a signed agreement regarding project to be completed, terms of the work, and of course payment terms).

    34. Re:No accident by Z00L00K · · Score: 1, Insightful

      Is it possible to be really competent and work for Microsoft?

      --
      If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
    35. Re:No accident by rdnetto · · Score: 1

      Who said, "never ascribe to evil what can be explained by stupidity"? They call bureaucracies "mindless" for a reason.

      That would be Hanlon's razor.

      --
      Most human behaviour can be explained in terms of identity.
    36. Re:No accident by StuartHankins · · Score: 1

      Umm when I type it in, I don't get a "page not found", I get the exact same error on his screenshot.

    37. Re:No accident by capebretonsux · · Score: 3, Funny

      You should have got your cat to accept for you.

    38. Re:No accident by setagllib · · Score: 3, Insightful

      How do you read your taskbar? :|

      --
      Sam ty sig.
    39. Re:No accident by rrhal · · Score: 1

      Someone in marketing has ~ 90% of all desktop users believing they need a Microsoft OS and has them willing to pay $$$ to get it.

      --
      All generalizations are false, including this one. Mark Twain
    40. Re:No accident by The+Cydonian · · Score: 1

      It is remarkable difficult to be too incompetent if you are a MS contractor in Hyderabad. -- All generalizations are false, including this one

      Glad we got that cleared!

    41. Re:No accident by ImYourVirus · · Score: 1

      More than likely whenever he mouses over it, it highlights it up. :)

      --
      Why is common sense called that if it's not common?
    42. Re:No accident by daveime · · Score: 2, Insightful

      I'm not sure if that indicates superior marketing skills, or just the general idiocy of the population ?

    43. Re:No accident by hvm2hvm · · Score: 2, Insightful

      The idiocy of the population is there and it makes such things possible but in order to be the only brainwasher (or the major one), like MS, you need the superior marketing skills.

      --
      ics
    44. Re:No accident by Logic+Worshiper · · Score: 1

      Is that why businesses use Internet Explorer?

    45. Re:No accident by Registered+Coward+v2 · · Score: 1

      Yeah, my father was in the Navy and had this kind of thing happen all the time. Once even the other way around, where DFAS paid much less than normal and "caught up" with next month's payment while my parents were scrambling around going WTF.

      I hear of this kind of thing much less frequently nowadays though. I joined myself and haven't had problems, although our Chief of the Boat managed to run afoul of a DFAS screwup.

      The nice thing about the old days with DK's was you could go to disbursing and talk to the person handling your pay. I made more than one trip down when one on my guy's pay got screwed up. Generally it was an x-Gold crew DK; cause the gold crew busted it and the blue crew fixed it.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    46. Re:No accident by Ihmhi · · Score: 1

      The IRS is actually pretty nice to you unless you owe them a shitload of money.

    47. Re:No accident by Ihmhi · · Score: 1

      A year's salary every money would sure as hell stimulate my package (if you catch my drift).

    48. Re:No accident by neomunk · · Score: 1

      It's not a very good razor though, and it cuts inaccurately on a consistent basis. Seriously, everybody (I mean EVERYBODY) over the age of, say, 6, has pretended that something they did on purpose is an "accident". Hell, there was even a Nintendo commercial running recently with a guy dumping salsa on a girl by "accident" (to which the guy adds, "no it wasn't").

      I think it's just something that gets repeated by the malicious in order to gain some modicum of acceptance for their spiteful ways, and parroted by the gullible in order to feel like they haven't been "taken". Most people would rather have some "accident" ruin their plans than to have someone else purposefully ruin them. It's a pride thing.

      So can we lay this dog down finally, and put it in it's proper place between "the check is in the mail" and "no sweetheart, I wouldn't do that in your mouth" in the Bullshit Hall of Fame?

    49. Re:No accident by Caduceus1 · · Score: 1

      Sorry, I don't see the relevance of them screwing up and then demanding back dues vs. negotiating contracts. I'm not dissing the union or unions in general. I'm strictly talking about their screwups. (the vacation pay issue was not the union, but the payroll admins).

      --
      rm /dev/mem
      Sci-Fi Storm
    50. Re:No accident by Chrisq · · Score: 1

      There's nothing at all accidental about it. It's a cruel joke perpetrated by cruel people.

      Yea, definitely. I bet those guys over in payroll were all like "Hahah, wouldn't it be hilarious if we paid those losers that got fired more than we should? We'd give the company even more bad press, and if we're lucky we might even get fired ourselves!"

      Of course the guys in payroll could have been working their notice at the time. Then it becomes "Wouldn't it be nice if we paid ourselves extra. If it gets found out it will be bad press for the bastards who fired me too".

    51. Re:No accident by windsleeper · · Score: 5, Informative

      Usually, the "official" termination date occurs at the end of the severance period. Most companies retain the "right" to recall you from your enforced sabbatical during that period.

      This is not accurate. Severance is a post-employment payment and does not occur until after your termination of employment. As such, companies do not retain the right to recall an employee to work. They do on occasion enfore certain other rights during severance such as non-compete (where allowed, and sometimes even where not allowed), non-disparagement, non-solicitation, etc. Assuming Microsoft has completed all payments to individuals and now wants to recoup, they are likely going to have a hard time doing so as it will require the willing agreement of the person who got the payment - and how likely is that. Without voluntary repayment, they will have no recourse other than to sue, and that would likely end up being a big drain on resources, cost more than it would recoup and big a huge PR disaster.

    52. Re:No accident by Dun+Malg · · Score: 3, Insightful

      Oh man, no joke.

      Guys used to have mysterious allotments coming out of their LES' now and then, with little recourse to find out other than some pay clerk telling you to do a "pay inquiry". Over-payments, no-pay-due's, all kinds of random stuff that was just inevitable in a paper-and-red-tape bureaucracy.

      Ah yes, I remember the "good old days" of my first enlistment (87-93) how we used to joke about the "Lies and Exaggerations Statement". I never had any expenses beyond beer and cigarettes, so the "surprises" never hurt me, but I watched a lot of married guys with kids go through hell. It was so regularly F'd up that our company commander at Ft Hood had to borrow three bucks from me for lunch off base because he'd loaned all his spare money to a guy whose LES had come up ZERO with a wife and screaming baby (or was it a screaming wife and baby?) to contend with. I suppose DFAS fixed a lot of it, but I never paid much attention on my second active duty period (2001-2003)... I just came home and found a bunch of unspent money in my account.

      --
      If a job's not worth doing, it's not worth doing right.
    53. Re:No accident by Sobrique · · Score: 1

      Well, it is breach of contract, and technically something that could be brought up in court.
      In practice, that won't happen though - it's just not worth the hassle.

    54. Re:No accident by elistan · · Score: 1

      Usually, the "official" termination date occurs at the end of the severance period. Most companies retain the "right" to recall you from your enforced sabbatical during that period.

      Not so, at least in my case. I was laid off recently and the severance document clearly listed the termination date as two weeks after I was notified. Additionally, in order to receive the severance payments I had to sign a NEW contract that laid out the terms and conditions of the payments, their amount, the duration of payments, the conditions under which the payments would be stopped, etc. Maybe it's different for different companies, but my severance didn't include any provisions for being recalled or anything like that.

    55. Re:No accident by rpmayhem · · Score: 1

      Dear Mr. AC,

      I thought it prudent to let you know you are posting on Slashdot. In case you aren't familiar with Slashdot, here are some basics...

      People here don't generally like Microsoft.
      People here do generally like open source.
      Your jedi mind tricks have no effect here.

      If you need more information, I'm sure you can find it with a quick few internet searches.

      Sincerely,
      RPMayhem

    56. Re:No accident by drinkypoo · · Score: 1

      You were with your first out of college employer about a dozen years later? What industry and what company size? I just ask because that has to be extremely unusual.

      Don't lie, you're looking for a new job with an employer who won't throw you to the wolves at the first hint that they're catching up.

      All I can say is... are they hiring?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    57. Re:No accident by cayenne8 · · Score: 1

      Is this the right room for an argument?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    58. Re:No accident by pintpusher · · Score: 1

      it's true, but I figured no one would believe me.

      --
      man, I feel like mold.
    59. Re:No accident by hedwards · · Score: 1

      It's sort of like drugs. People believe that they absolutely must have it, and the only place to get it is from MS. It's been the hallmark of Bill Gates' marketing practice since before DOS, they'd convince people they needed something and that MS was the only place they could get it.

      There is of course the added bonus of dumbing down the interface so that most people really can't use anything else without a whole lot of hand holding. Unfortunately for them, that often times means that new versions are hard for the user base to learn as well.

    60. Re:No accident by mcgrew · · Score: 1

      Since bureaucracies are made up of human beings, they have not one consciousness but many. Any out of control bureaucracy is out of control because its leader is incompetent.

    61. Re:No accident by hedwards · · Score: 1

      It's the employees responsibility to make sure that the payments are made. I don't know about your contract, but when I got my present job one of the things I agreed to is culpability if the dues didn't get paid.

      Whether or not I signed up for withholding the dues, it's still my responsibility to see to it that the dues are paid on time.

    62. Re:No accident by Destoo · · Score: 1

      Just checked google maps for the location... That lake next to it looks like a Chenjesu ship.

      --
      Nouvelles de jeux et technologies en français. TC
    63. Re:No accident by morghanphoenix · · Score: 1

      And yet it shows the same today as it did then. Doesn't look like a 404 to me, looks like it says "technical error" which as far as I can tell doesn't mean invalid URL. Maybe it's just bad website design rather than server error, either way I find it funny that Microsoft would let this display on their web page when the whole point of it is to "give us the facts" that they have a better OS for server use. The fact that the same error still pops up two years later, now that I find hillarious. So please, read what is being said before you curse at me and spew meaningless insults like "twitter wannabe", what does flaming a humorous screenshot with insults and foul language prove?

    64. Re:No accident by cjb658 · · Score: 1

      People like what they're used to. Since they use Windows at work, and Windows comes preinstalled on every computer today, everyone uses Windows.

      Of course, the other problem with using non-Windows OSes is programs not working. I'd like to know how many Mac switchers complain about programs not working, because it seems like a very common one with Linux.

    65. Re:No accident by HiThere · · Score: 1

      "They have fangs! they have teeth!"

      OTOH, the Furies were supposed to be much worse than merely being eaten by beasts.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    66. Re:No accident by hvm2hvm · · Score: 1

      Most monopolies rely on the same thing: the cost of adapting to another provider for that resource, which could mean requiring some new skills, some new devices, etc. What me and the parent poster were talking about is achieving that monopoly, and for that you good marketing skills and/or a lack of moral values (or ignorance regarding them).

      --
      ics
    67. Re:No accident by jamstar7 · · Score: 2, Funny

      When's it going to declare itself Comrade Adam Selene and help us plan the Revolution?

      --
      Understanding the scope of the problem is the first step on the path to true panic.
    68. Re:No accident by BitZtream · · Score: 1

      What the public calls 'severance' rarely is actually that. They don't officially 'fire' you until the period of time that they paid you for via severance.

      I.E. They give you a month and a half pay when they told you they were terminating you, you don't actually get terminated for a month and a half. In which case, you are still officially an employee, you are still offcially employed and unable to collect unemployement insurance payments.

      And they'll have an extremely EASY time getting their money back. You pay them back, or they terminate your for cause, in which case, you get no unemployment payments which as pathetic as those payments typically are, they are probably more than the severance check error.

      So while what you say is great and would matter in an ideal world, they've fired enough people and have bright enough HR workers to know how to cover their asses for this sorts of situations, and people WILL be giving back their money.

      Also, they wouldn't have to sue them, it would be a criminal charge as it is theft. Doesn't matter that they made a mistake, the money is not yours and by not returning it you are effectively stealing it. Your bank makes a mistake and you spend the money, you pay it back or you get charged with theft as your account ends up negative. This is not a civil offense, people DO go to jail over this sort of thing all the time.

      You can be cute and try to figure out ways around this but you won't get very far, hundreds of thousands of people have tried to screw companies on their way out the door before this round of layoffs, its highly unlikely one of these employees is going to find the magical loophole that lets them steal the money legally.

      Finally, MS is the king at playing dirty, the fact that you think you're going to beat them at it is laughable at best.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    69. Re:No accident by BitZtream · · Score: 1

      No, they'll call the police and have you charged with theft. They may have made a mistake, but you not returning it still qualifies as theft in America.

      I suppose you think you'll get away with spending money given to you in a bank error as well. Go ahead and try it. If they figure it out, you will pay it back. Either by giving them the money, or by serving your time in jail, possibly both depending on how the judge feels about your arrogance.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    70. Re:No accident by mpyne · · Score: 1

      Generally it was an x-Gold crew DK; cause the gold crew busted it and the blue crew fixed it.

      Good to know that some things never change. ;)

    71. Re:No accident by Dun+Malg · · Score: 1

      It's not a very good razor though, and it cuts inaccurately on a consistent basis. Seriously, everybody (I mean EVERYBODY) over the age of, say, 6, has pretended that something they did on purpose is an "accident".

      You're misapplying the razor. It has nothing to do with accidents. It starts from the premise of "Subject A knowingly and consciously took action X, which had a negative effect upon me". It takes this premise as a given, an established fact. Hanlon's Razor is an admonishment against paranoia. While it may appear that Subject A took the action with the intent of harming you, the razor points out that if Subject A might have taken the action out of ignorance of the consequences, then that is actually the more likely explanation. Hanlon's Razor assumes some initial intent combined with a failure to appreciate the outcome.

      --
      If a job's not worth doing, it's not worth doing right.
    72. Re:No accident by bigpat · · Score: 1

      I don't think there is enough information to know whether this is a payroll error after the fact or an error made as part of the severance contract. If the amount was specified in the severance contract, then it is legally binding and Microsoft could be held to it. If there was an amount in the severance contract that was lower than what the former employees got, then the employees would likely be legally obligated to pay the excess back. If the amount or how the amount would be calculated wasn't specified, then there is a gray area which depends on the circumstances. If there was an actual check presented with the severance contract, then the error probably doesn't matter (within reason) because the employee agreed to the severance contract as part of the package. When you execute a contract and make payment based on a contract neither party has a right to unilaterally change the terms after the fact. So, I think there are some facts missing and I hope the facts can be clarified, because without this crucial detail it is hard to make sense of this story.

    73. Re:No accident by mattack2 · · Score: 1

      I suppose you think you'll get away with spending money given to you in a bank error as well.

      You mean that http://www.bankrate.com/images_MRA/monopoly.jpg isn't a reflection of the real world?

  2. Rubbin' salt on the old wounds! by Gizzmonic · · Score: 5, Funny

    What if they agree to use their severance to buy Vista: Ultimate Edition?

    --
    (-1, Raw and Uncut is the only way to read)
    1. Re:Rubbin' salt on the old wounds! by basscomm · · Score: 5, Funny

      What if they agree to use their severance to buy Vista: Ultimate Edition?

      What if their severance pay was Vista: Ultimate Edition?

      --
      http://crummysocks.com
    2. Re:Rubbin' salt on the old wounds! by cashman73 · · Score: 5, Funny

      It's almost as if Ballmer threw these employees' chairs out the window and now he's billing them to replace the broken window! Good luck collecting this, Micro$oft!

    3. Re:Rubbin' salt on the old wounds! by Midnight+Thunder · · Score: 1, Insightful


      It's almost as if Ballmer threw these employees' chairs out the window and now he's billing them to replace the broken window! Good luck collecting this, Micro$oft!

      There you have it the real cause of why Windows Vista doesn't work: chairs ;)

      --
      Jumpstart the tartan drive.
    4. Re:Rubbin' salt on the old wounds! by Anonymous Coward · · Score: 4, Funny

      >What if their severance pay was Vista: Ultimate Edition?

      The poor bastards!
      That is like getting fired out a cannon, into a wall, which then falls on you.

    5. Re:Rubbin' salt on the old wounds! by Lumpy · · Score: 4, Funny

      Then all of them would GLADLY return it.

      --
      Do not look at laser with remaining good eye.
    6. Re:Rubbin' salt on the old wounds! by SwabTheDeck · · Score: 2, Funny

      I'd say it's more like Ballmer threw his chair AT the employees and is asking them to pay the medical bills for his sprained wrist.

    7. Re:Rubbin' salt on the old wounds! by Chronobound · · Score: 1

      What do you mean almost?

    8. Re:Rubbin' salt on the old wounds! by jonaskoelker · · Score: 1

      It's almost as if Ballmer threw these employees' chairs out the window

      Well then, the window'd have to be fixed. I bet that'd stimulate the local economy ;-)

    9. Re:Rubbin' salt on the old wounds! by Stalinbulldog · · Score: 1

      What if they agree to use their severance to buy Vista: Ultimate Edition?

      What if their severance pay was Vista: Ultimate Edition?

      How could that possibly be considered overpayment?

    10. Re:Rubbin' salt on the old wounds! by TuaAmin13 · · Score: 4, Funny

      Well maybe those employees shouldn't have suggested not giving out free Bud Light at the meetings.

    11. Re:Rubbin' salt on the old wounds! by lordmetroid · · Score: 1

      But all work, resources and efforts could have been so much better spent if the window wasn't broken in the first place!

    12. Re:Rubbin' salt on the old wounds! by AmberBlackCat · · Score: 1

      So their letters tell them they're going to have to downgrade to Home Premium?

    13. Re:Rubbin' salt on the old wounds! by manastungare · · Score: 1

      Oh boy. Talk about a broken window fallacy.

    14. Re:Rubbin' salt on the old wounds! by darthvader100 · · Score: 1

      As long as the downgrade to xp option still works they would take it and use that. or being fed up with MS, install linux/os x

    15. Re:Rubbin' salt on the old wounds! by Anonymous+Cowpat · · Score: 1

      I don't think they overpaid to that extent...

      --
      FGD 135
    16. Re:Rubbin' salt on the old wounds! by Registered+Coward+v2 · · Score: 1

      Oh boy. Talk about a broken window fallacy.

      The sad thing is, after the San Diego fires, politicians were saying at least the rebuilding will stimulate the economy and create jobs.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    17. Re:Rubbin' salt on the old wounds! by meyekul · · Score: 1

      No, its more like them billing HIM for the chair because they gave him one that was too nice.

    18. Re:Rubbin' salt on the old wounds! by Yetihehe · · Score: 1

      Or from a cannon through glass window.

      --
      Extreme Programming - Redundant Array of Inexpensive Developers
  3. Large, unmarked bills. by Ostracus · · Score: 4, Informative

    "A letter from the company, which was subsequently circulated on the internet, states: 'We ask that you repay the overpayment and sincerely apologize for any inconvenience to you.' Microsoft has confirmed the authenticity of the letter, but it's not known what the amounts in question are, or how many of the 1400 were affected."

    How's that any different than when the government overpays you?

    --
    Shai Schticks:"You don't make peace with friends, you make peace with enemies"
    1. Re:Large, unmarked bills. by Bieeanda · · Score: 4, Insightful

      It depends on where the math got fucked up. If MS signed off on papers that promised the inflated amount, it's SOL. That would explain why they're asking for it, rather than sending legal demands.

    2. Re:Large, unmarked bills. by AuMatar · · Score: 4, Interesting

      That's one of the reasons. If the overpayment is small enough, it wouldn't be worth the bad PR to sue their former workers. They also have a poor chance of winning in a trial by jury- people are going to be biased for the workers. Besides, asking for the money politely doesn't stop them from filing legal proceedings later- in fact, judges prefer you to try to fix issues before filing papers.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Large, unmarked bills. by Gorobei · · Score: 2, Interesting

      Well, they're probably SOL regardless (unless the sum involved was absurd.) They chose to terminate the employee, they chose the terms, they asked for a promise to not sue (for overtime, unused vacation, discrimination, etc) in exchange for some cash. They paid, and now think they paid the wrong amount: good luck winning this one in court.

    4. Re:Large, unmarked bills. by grommit · · Score: 5, Insightful

      They probably won't need luck if the following happened. Paperwork is drawn up stating that the terminated employee gets paid $2,000. Supervisor and employee sign off on that sum. Retard typing in the info for the check keys in $20,000 instead of $2,000.

      The employee can't possibly think that he/she actually deserves the extra $18,000 after agreeing to the original sum.

    5. Re:Large, unmarked bills. by Gorobei · · Score: 4, Interesting

      As I said, "absurd" numbers are easy to fix, but even $18K is tough to clawback from, for example, an employee with a five year work history. Heck, when I quit my last job, a nice lady from HR emailed me asking about unused vacation days: I picked a number, and it was close to $18K pre-tax.

      Dollar numbers seem so important in entry level positions, but, at the higher levels, $BIGNUM amounts are used to smooth over the issues that arise in terminations.

    6. Re:Large, unmarked bills. by nabsltd · · Score: 1

      If the paperwork and payment match, then MS probably will have to eat the loss, but as you say, if the paperwork and payment are different, then it's in the ex-employee's best interest to pay back the overage with no fuss.

    7. Re:Large, unmarked bills. by Herby+Sagues · · Score: 1

      If the ammount communicated differs from the ammount paid (which is almost always the case in these situations, regarding of the company) then Microsoft has little chances of losing it in court. They also have few chances of having to go to court in the first place, as you wouldn't want to have that in your background when looking for a new job, especially considering that Microsoft is likely the next employer for many of these employees, given that it's the biggest employer in the Seattle area and the two other large companies in the area (Starbucks and Boeing) are looking in worse shape at the time.

    8. Re:Large, unmarked bills. by fermion · · Score: 1
      So we think that MS is so backwards that a human typed the lettered, or entered data in a form letter. For 1400 employees. We don't think that these letters were generated using, for instance, a datbase query that picked all employees terminated on a certain day, subtracted the hire data to the current date, multiplied by a factor representing the severance pay per time period for the job function, then added any additional severance based on job function. From these calculated values, a letter would be automatically generated. And we don't think that upper management reviewed the severance values before and after they were entered into the database. I am not positive, because I don't use MS products for real work, but I am told they have the technology to do this.

      Even if MS were still using stone age technology you can be sure that all letters were passed by management for final approval.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    9. Re:Large, unmarked bills. by tkdrg · · Score: 1, Insightful

      How's that any different than when the government overpays you?

      It is different because it's micro$oft, and anything that's done by them is bad. It doesn't matter if other people have done it.

    10. Re:Large, unmarked bills. by djupedal · · Score: 1

      > "Retard typing in the info for the check keys in $20,000 instead of $2,000."

      'typing in'..?

      No one types check amounts in these days...I'm betting there was a spreadsheet error and we know what software was involved ('Microsoft/ADP Payroll Services'...formally Navision) so MS is hanging from their own petard on this one, sorry.

    11. Re:Large, unmarked bills. by Gorobei · · Score: 2, Insightful

      The whole reason managers exist is to maintain sanity: if a company reaches the point that it is terminating an employee without the employee's direct manager reviewing the documents involved, it deserves everything it gets.

      You can chose to be either an ongoing, profitable business, or a bizarre digital art-form, but if you chose the later, do not be surprised when you lose money in the real world.

    12. Re:Large, unmarked bills. by Gorobei · · Score: 1

      If it's less than $100K, the company will not take it to court. A good lawyer will merely hint that she plans to discover information on overtime, H1Bs, and discretionary bonuses. When the company realizes it has to explain to a jury that one senior developer earns $100K/yr, while another gets $400K, it STFU pretty fast, and eats the few thou it paid by mistake.

    13. Re:Large, unmarked bills. by MichaelSmith · · Score: 1

      >

      How's that any different than when the government overpays you?

      Then they just go to your bank account and correct the mistake. Bad luck for you if you have already spent your windfall.

    14. Re:Large, unmarked bills. by Kalriath · · Score: 1

      Actually, I highly doubt Microsoft is using that - there's a point at which even the developer of a product knows that their product is woefully unsuitable for themselves, and I think Microsoft even knows that Office Accounting really isn't "up to the job" of handling Microsoft itself.

      They're probably using something arcane like SAP or Oracle Financials.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    15. Re:Large, unmarked bills. by timmarhy · · Score: 1

      highly unlikely. if such popular opinion were true microsoft.com wouldn't be running on iis and .net

      --
      If you mod me down, I will become more powerful than you can imagine....
    16. Re:Large, unmarked bills. by californication · · Score: 2, Funny

      I thought the private sector was supposed to be better at this stuff than the government.

    17. Re:Large, unmarked bills. by Caraig · · Score: 2, Funny

      Once upon a time, microsoft.com was running on Apache.... =)

      --
      "I am an Adept of Tantric VAX."
    18. Re:Large, unmarked bills. by Sleepy · · Score: 1

      >How's that any different than when the government overpays you?

      Considering that Microsoft ejected these people, and the government hasn't... lots.

    19. Re:Large, unmarked bills. by rtb61 · · Score: 1

      What this letter really does highlight is M$'s willingness to take on bad press to collect money from workers it has fired. The revenues have go to be looking pretty poor for them accept the bad publicity and attempt to claw back money that up till now would have been a minuscule percentage. Better to swallow the loss than expose your company to the public as being so desperate they need to take money back from fired employees.

      The depression will eliminate all upgrades and companies are not going to throw away money on pointless service and support contracts from M$ that only real pay for pointless upgrades and provide no real service and support. It would be interesting to find out how bad they are really doing, especially as most governments around the world are leaning towards open source so they can demonstrate to the public how much money they are saving during a depression and that they are not wasting a tax payer funded stimulus on making billionaires even richer.

      --
      Chaos - everything, everywhere, everywhen
    20. Re:Large, unmarked bills. by Oktober+Sunset · · Score: 1

      I thought Bill was quite small, and he won't be unmarked if those ex-employees get thier hands on him!

    21. Re:Large, unmarked bills. by Nefarious+Wheel · · Score: 1

      ...SAP or Oracle Financials.

      Of the two, I'd say most likely SAP. SAP runs most comfortably on Windows infrastructure (most Oracle software is indifferent to platform), can use SQL Server (competitive with Oracle databases) and I would suspect Microsoft's Chair wouldn't spend a cent toward Larry Ellison they didn't have to. Besides, Oracle is notably more closed source than even Microsoft, which might rankle a bit.

      SAP software documentation originally in German written was, however, and sometimes some slight difficulty in translation because all of the verbs toward the end of their sentences putting often happens tends.

      --
      Do not mock my vision of impractical footwear
    22. Re:Large, unmarked bills. by Gorobei · · Score: 1

      MS senior management probably wasn't even aware the firm had sent out these letters. Screwups like these happen when you start believing you can automate business to the point that no one is in control. Sure, it works for customer support for Verizon wireless, but is it a good idea for employee layoffs? These people are going to be getting drunk and telling anecdotes about the experience for the next 50 years: does your firm want the happy tale or the bitter tale?

      Sheesh, last time I quit, the firm went out of its way to ask if there was anything they could have done better, and if there was anything they could do to encourage me to return in a few years. Yes, they were assholes, but they were very self-aware assholes and understood how important reputation is if you're around for the long term.

    23. Re:Large, unmarked bills. by Mr.+Underbridge · · Score: 1

      That would explain why they're asking for it, rather than sending legal demands.

      Sounds like it. Their threat basically went like "give us the money back or we'll have to report it to the IRS."

      What, you mean like income usually is reported? OK guys, report away. I'll keep the cash.

      The cute thing is they basically expect a gift from employees they just fired. Screw that.

    24. Re:Large, unmarked bills. by I_want_information · · Score: 1

      If you're on automatic deposit, the government WILL reach into your bank account and just take the money. Or refuse to pay you your state income tax refund (just ask any California state employee). Of which I'm one.

    25. Re:Large, unmarked bills. by Achromatic1978 · · Score: 1
      Exactly. I owed $700 last year in federal taxes. Figured I'd use my stimulus check to pay it.

      Not an issue. My stimulus check was for $500, "taking into account tax owed".

      Not a problem, my intention was to pay it, but the government makes sure you don't have too much discretion with that change burning a hole in your pocket.

    26. Re:Large, unmarked bills. by Paradigm_Complex · · Score: 1

      One very large difference which at least in part justifies the outrage is that this is being done directly after firing these people. I doubt it was done purposefully, but it's a dick move to kick someone when they're down like that. It'd still be on /. if it was a substantial number of government jobs fired/asked-for-money-back or Google jobs or what not, just less crappy Vista jokes.

      --
      "A witty saying proves nothing." - Voltaire
    27. Re:Large, unmarked bills. by Thinboy00 · · Score: 1

      Why should M$ be concerned about its "image"? That went out the window with OOXML (*.docx, *.xlsx etc.). M$ KNOWS that stupid people can and will buy Windows since those people don't know about <some other OS>. There are people who think that Windows==Computer. Then there are people suffering from vendor lock-in. The point is that M$ got past caring about its "image" a long time ago.

      --
      $ make available
    28. Re:Large, unmarked bills. by Thinboy00 · · Score: 1

      What does Bill have to do with anything (I mean, besides the obvious pun value)? I thought he was celebrating^H^H^H^H lamenting Hillary's nonpresence-to-be. </sarcasm>I thought Ballmer ran things these days.

      --
      $ make available
    29. Re:Large, unmarked bills. by AuMatar · · Score: 4, Informative

      Earth, in the nation of the United States. Trial by jury is a constitutional right assured by the 7th amendment. "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

      To get a bench trial (one where the judge makes the ruling), both sides must agree to it. The default is actually trial by jury. Companies generally prefer to use bench trial to avoid jury bias and speed up proceedings, but either side has an absolute right to let it go to a jury trial. The only exception is when the suit requires an equity judgement (non-monetary awards, for example an injunction or specific performance).

      In this case there is no issue of equity, so if either side refused to waive a trial by jury it would go to a jury trial. And in this case the defendant would be a fool to waive it, unless they have something signed by MS with the amount they were paid. It would be an extremely rare jury that wouldn't tend to helping the guy out of work, especially in liberal Washington.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    30. Re:Large, unmarked bills. by Ironica · · Score: 1

      What planet are you from? Civil cases aren't judged by jury.

      Could have fooled me... I've actually been a juror on a civil suit. Malpractice, it was. Special verdict and all (though we didn't get past the second of nine questions, finding that no harm had come to the plaintiff).

      --
      Don't you wish your girlfriend was a geek like me?
    31. Re:Large, unmarked bills. by PCeye · · Score: 1

      I would imagine Microsoft are likely using a much larger error package, like "Microsoft Dynamics".

      Here, you can post your errors and they'll go unnoticed for some time until some manager decides to read their reports.

      http://www.microsoft.com/dynamics/default.mspx

    32. Re:Large, unmarked bills. by AuMatar · · Score: 1

      Filing it in small claims doesn't waive your constitutional rights. You have a right to a trial by jury. What it does is change the default- in small claims it's assumed that you don't want a trial by jury, and you need to specifically request it (usually when filing the initial lawsuit (for the plaintiff) or answer (for the defendant)). It may also incur an additional court fee (25-100 dollars based on state, from what I see with quick googling). But you have a right to it even for small claims. Its just not really worth it for most cases- it takes more time and effort for the trial, pisses off the judge (if its a small case) and doesn't confer any real advantage unless its an issue where a normal set of 12 people may be biased for you.

      Here's consumer affair's page for washington state's small claims court http://www.consumeraffairs.com/consumerism/small_wa.html. It specifically points out juries are allowed by request (technically they only have to for amounts over $20, realistically today if anyone actually sued for less than 20 you want it over and done with, not a prolonged jury trial.

      There are some states where you can't do a jury trial in small claims- but in that case the defendant can ask for it to be transferred out of small claims. A special court like small claims needs to be mutually agreed to- just because the plaintiff wishes to use it does *NOT* remove the constitutional rights of the defendant. If he wants a trial by jury, he can always get a trial by jury, so long as the amount is greater than $20.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    33. Re:Large, unmarked bills. by Kalriath · · Score: 1

      No it wasn't. That was misconfigured Akamai caches not passing on what the origin server identified itself as.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    34. Re:Large, unmarked bills. by Kalriath · · Score: 1

      Except that there's nothing wrong with IIS and .NET.

      Office Accounting, however...

      Although elsewhere in this discussion someone pointed out a much more likely option - that Microsoft uses Great Plains for Payroll, considering they bought the company.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    35. Re:Large, unmarked bills. by EvilIdler · · Score: 1

      If the workers were foreign workers temporarily working in the US, they've got even less of a chance to get it back. I don't think they want to run a bunch of trials in random countries for what's barely pocket change to them.

    36. Re:Large, unmarked bills. by elrous0 · · Score: 1

      You know who else was overpaid? The Microsoft PR director who didn't stop them from making such a bonehead move.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    37. Re:Large, unmarked bills. by spikedvodka · · Score: 1

      yeah, and they still haven't fixed the fact that Great Plains seems to require admin access to run correctly

      --
      I will not give in to the terrorists. I will not become fearful.
    38. Re:Large, unmarked bills. by greed · · Score: 1

      That's funny, up here in frozen Canada we have juries in civil trials.

      Not as many jurors as for a criminal trial (6 vs. 12, IIRC, but jury duty was a whole year ago now), but we've got it.

      Not in Small Claims, though. But that's really the "15 Items Or Less Cash Only" express lane of courts.

    39. Re:Large, unmarked bills. by TheLink · · Score: 1

      You should see the amazing stuff that happens when both the government and private sector work together.

      Oh wait, I think most of us have already.

      --
    40. Re:Large, unmarked bills. by dkleinsc · · Score: 1

      Companies generally prefer to use bench trial to take advantage of the judge's bias

      FTFY, at least in places where the judge is elected.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    41. Re:Large, unmarked bills. by HiThere · · Score: 1

      Unhh.... a petard was a kind of hand thrown bomb. One with a fuze that was lit...like very slow primacord.

      "Hoist by one's own petard" means lifted into the air by one's own bomb...or possibly the other meaning of the word, fart.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    42. Re:Large, unmarked bills. by BitZtream · · Score: 1

      You do realize that there are other laws that effect the scope of said amendment right?

      None of the consitution has been as cut and dried as you'd like to think it is for years. We're a country full of lawyers, the constition really doesn't stand a chance against them. As smart as they various people who contributed to it are, the thousands of lawyers in America have a lot more time and a financial interest in figuring out ways to get around those amendments. Sometimes you WANT them to get around the admendments because while they may apply to something, the spirit of the constitution is lost if taken literally, so adjustments are made.

      You can blindly quote limited sections of it all day long, and pretty much any good lawyer would just spank you with your quote, and they'd probably enjoy doing so.

      I personally have been involved in a case which involved more than $20 and I was not given a trial by jury. I'm not going to waste my time going into details because your unlikely to listen anyway. Go talk to a lawyer sometime and ask him how someone could possibly not get a trial by jury even though the amendment says so, he'll probably have a list 3 miles long just off the top of his head.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    43. Re:Large, unmarked bills. by AuMatar · · Score: 1

      Sorry, you're wrong. You can waive your right to a jury trial. In some cases, the laws are set up where you have to request a jury trial (bench is the default). But there is always a window where you can get a trial by jury, as either plaintiff or defendant.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    44. Re:Large, unmarked bills. by njarboe · · Score: 1

      Back when 20 dollars was an ounce of gold

  4. Were the checks paid on Windows 95 OS computer by zymano · · Score: 1

    then we understand.

    Keep up the good work Balmer and Billy!

    1. Re:Were the checks paid on Windows 95 OS computer by kcbanner · · Score: 3, Informative

      Bill doesn't hang around the office much actually nowadays.

      --
      Obligatory blog plug: http://www.caseybanner.ca/
    2. Re:Were the checks paid on Windows 95 OS computer by drinkypoo · · Score: 1

      Bill doesn't hang around the office much actually nowadays.

      No, he hired Donkey Kong and it got hard to do any work with all the stomping, screaming, and throwing things, so he left to go spread Western IP law across the third world.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Were the checks paid on Windows 95 OS computer by Sparky+McGruff · · Score: 2, Interesting

      Hey, someone has to release the mosquitoes. They dont get out of the jar by themselves.

  5. So? by Anonymous Coward · · Score: 1, Insightful

    Microsoft follows the same policies that any publicly traded company would. Are we suppose to be shocked? You know, they do have an obligation to the shareholders, don't you?

    Why are people so lunkheaded about this?

    1. Re:So? by Daniel+Dvorkin · · Score: 2, Insightful

      You know, I sometimes have the feeling that if some megacorporation figured out a way to make a profit torturing puppies to death, people like you would say, "Well, you know, they're just honoring their obligations to the shareholders!"

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    2. Re:So? by Stile+65 · · Score: 1
      --
      I claim first use of "Error No. 0B" - or "No. 0B error." It'll be the new ID 10T!
    3. Re:So? by Ashriel · · Score: 5, Insightful

      You know, I sometimes have the feeling that if some megacorporation figured out a way to make a profit torturing puppies to death, people like you would say, "Well, you know, they're just honoring their obligations to the shareholders!"

      The sad thing is that the people who said that would be correct. In fact, there probably is a corporation out there right now making a profit from torturing puppies (probably a cosmetics company).

      Corporations have a legal obligation to make a profit. They do not have a legal obligation to do the right thing. In fact, most seem to think that the legal obligation to turn a profit trumps the legal obligation to follow the law (in nearly every circumstance, if the chance of getting caught * the fine it would have to pay < the ROI from breaking the law, the law gets broken).

      Modern corporations need severe public oversight. Or we could nix the public stock market and finally get the Supreme Court to announce "Corporations are not People". I don't think I'll live to see either of these things come to pass.

    4. Re:So? by SanityInAnarchy · · Score: 1

      Corporations have a legal obligation to make a profit.

      Wait, what? When did it become a legal obligation?

      I imagine I'm missing something big, and I'm about to be ridiculed for it.

      in nearly every circumstance, if the chance of getting caught * the fine it would have to pay

      Right. That is the problem, essentially -- whether or not it is a real obligation, corporations seem driven to make a profit in the most efficient way possible.

      we could nix the public stock market and finally get the Supreme Court to announce "Corporations are not People".

      That doesn't depend on the stock market -- there are some limited partnerships which are traded on the open market.

      Why did we invent corporations, again, when we already had partnerships?

      --
      Don't thank God, thank a doctor!
    5. Re:So? by MrBigInThePants · · Score: 1

      You are. The board is legally obliged to do what is in the best interests of the shareholder's profit margins. This filters on down as does other things.
      The idea is that the CEO or the board cannot just run the company into the ground for some bizzare reason because they have a majority shareholding and the other shareholders are effectively powerless.
      Of course there are no specifics about being a reasonable citizen or effect on society or any of that "fluffy" stuff.

      Currently the only two limits on the "evil that men do" in corporations is:

      a) Laws. Obviously. Written by people who are actively lobbied (with millions) by said corporations
      b) Marketing. Many corps don't care about this and some are set up specifically to sheild their parents/trading partners from the liability of this. (e.g. coca cola and their numerous south american/other escapades.)

      That is what is going on here and always has done. That is why things are the way they are.

      So the grand answer to the oft asked question "why is the world so fucked up" is easily answered here:

      Because we gave the rich and greedy men the power to do almost anything they like in the name of a corporeal (heh) enity that has effectively the same rights as us, but none of the limitations of being mortal.

    6. Re:So? by mgblst · · Score: 1

      Only if they have shareholders, because, the shareholders actually own the company. I mean, the shareholders could all get together and declare they don't want a profit this year, give it all to Africa, but that rarely happens.

    7. Re:So? by Belial6 · · Score: 4, Insightful

      You are correct in all but one minor point. They do not have a legal obligation to do what is in the best interest of the shareholder's profit margins. They have a fiduciary responsibility. This does not necessarily mean 'financial'. It actually means that they have a legal obligation to do what is in the best interest of the shareholder. I will concede that it is generally assumed that by default the best thing for the shareholder is to make as much profit as possible, but it does not have to be the case. For example, most HOAs are in fact corporations. The board of most HOAs must follow their fiduciary responsibility which is assumed to be making the living conditions as good as possible. It is not assumed to be making as much profit as possible.

      Other than that, You are correct.

    8. Re:So? by Shihar · · Score: 1

      In fact, most seem to think that the legal obligation to turn a profit trumps the legal obligation to follow the law (in nearly every circumstance, if the chance of getting caught * the fine it would have to pay

      Nearly all companies follow the law to the letter. In the few rare instances where a company violates the law, it almost always a handful of humans at the top doing the violating unbeknown to the rest of the company. Companies are dumb amoral entities. They are more like computer programs than like people. They mindlessly pursue profit following all of the laws of the land. When companies fail to be moral, 99% of the time it is because laws governing them are not moral.

      Why for instance will Yahoo hand over the names of dissidents to the Chinese government, but wont even conduct any business in Cuba? Is it Yahoo's pro China government bias? Hell no. Yahoo does it because the law in US is that you get smacked if you work with Cuba, but don't get smacked if you work with China. If the US had a clear law stating that you will be shut down if work with the law enforcement of nations of questionable moral judgment, Yahoo would stop operating in China to save their US business.

      Corporations are mindless and efficient mechanisms of distributing and allocating resources. While not perfect, they do it better than all of the other methods that have been tried. Don't tie them down with laws, and they will start allocating without conciseness based upon the simple rules they follow. It is the responsibility of governments to enforce morality through law. Steve Jobs makes iPods. He isn't someone you want deciding morality. I want my elected government to do that.

    9. Re:So? by mahadiga · · Score: 1
      "Behind every GREAT fortune there is a crime." --Honore de Balzac
      I think SEC must regulate market capitalization of all NASDAQ listed companies to no more than TWICE their quarterly revenue so as to
      • Prevent Pyramid type scams in Corporate Management and Stock Markets
      • Will create more opportunities for start-ups resulting in millions of jobs creation in India.

      Please vote your opinion here.

      --
      I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
    10. Re:So? by stabiesoft · · Score: 1

      Its too bad neither the board or the CEO does that in reality. Reality is the board and ceo screw the shareholders and only are in it for themselves. See Countrywide, CitiGroup, JP Morgan, ... I have said to friends over and over again, the boards should be in jail for failing to meet their obligations. But then we all know how it works. You sit on my board and give me a fat raise/bonus and I sit on your board and give you one. Everyone is happy EXCEPT the bagholders.

    11. Re:So? by porcupine8 · · Score: 1

      But HOAs are generally non-profit corporations - non-profits do not have shareholders to begin with. They have a board, and they may have (and in the specific case of HOAs, do have) members, but those members are not allowed to share in any profit the corporation may turn anyhow. So their fiduciary responsibility is to use members' contributions in a way that is consistent with their mission statement. That may or may not involve anything that actually benefits the members, depending on the mission statement - in the case of a HOA, it would, but in the case of, say, the ASPCA, you can become a member by contributing but the money will go to animals that you may never meet, because that's their mission.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    12. Re:So? by mahadiga · · Score: 1

      all NASDAQ listed companies

      You may replace with Microsoft. BTW, thanks for the compliment.

      --
      I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
  6. Re:I think I am not unique in saying.... by Anonymous Coward · · Score: 1, Funny

    there is NO WAY I would consider paying that back until I get a letter from a lawyer.

    You mean like this one?

  7. Re:I think I am not unique in saying.... by Anonymous Coward · · Score: 5, Informative

    I'm not a Microsoft employee, but I'm friends with many - and I've intern'd there a number of times.

    Microsoft doesn't treat their employee's like "cogs".

    As a OSS zealot, I expected to hate my time there - but they really do treat their employees well. Just because they had their first-ever layoff doesn't mean that they treat their employees badly.

  8. Why some people think MS is incompetant by fermion · · Score: 2, Informative
    They are unable to write a correct severance package. In my entire career, I have never has an experience like this.

    Even though they have tons of cash in the bank, they risk bad publicity to get the overpayment back

    Instead of declining comment, they admit the letter is valid, thus proving a general lack of confidence

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    1. Re:Why some people think MS is incompetant by whoever57 · · Score: 1

      Instead of declining comment, they admit the letter is valid, thus proving a general lack of competence

      Corrected that for you.

      --
      The real "Libtards" are the Libertarians!
    2. Re:Why some people think MS is incompetant by Darkness404 · · Score: 5, Interesting

      they risk bad publicity to get the overpayment back

      You think MS cares about bad press anymore? In my recent memory... The Zune date bug, the failure of many 360s, DRM schemes in everything, the disaster that was Vista, and the meh responses from the media for any of their new endeavors.

      I honestly don't think that MS has any more credibility to ruin.

      --
      Taxation is legalized theft, no more, no less.
    3. Re:Why some people think MS is incompetant by fm6 · · Score: 1

      They are unable to write a correct severance package. In my entire career, I have never has an experience like this.

      I have.

      Even though they have tons of cash in the bank, they risk bad publicity to get the overpayment back

      Why do people keep assuming that corporations have free will? No officer of a publicly held company is in a position to say "oh well, it's only $1 million, we have $50 billion in the bank, no big deal."

    4. Re:Why some people think MS is incompetant by Clever7Devil · · Score: 2, Informative
      Sure, Microsoft has next to no credibilty in this crowd. Are we past most people thinking that Windows IS the computer? I don't think so chums.

      It may not be as crucial in this economy, but every company has to hire. This is bad press to future prospective employees. And the kind of talented IT professionals that any successful software company must employ are just the type to read this type of press.

      They may have a substantial market share, but they've created an environment where customers expect constant updates and scheduled major upgrades. In order to compete they must have the human capital.

      --
      "By the time they had diminished from 50 to 8, the other dwarves began to suspect 'Hungry.'" -Gary Larson
    5. Re:Why some people think MS is incompetant by RiotingPacifist · · Score: 1

      They are unable to write a correct severance package

      This is why you cant afford use Microsoft excel on a mission critical workstation.

      --
      IranAir Flight 655 never forget!
    6. Re:Why some people think MS is incompetant by cduffy · · Score: 1

      Why do people keep assuming that corporations have free will?

      Because shareholder lawsuits are far more tenuous and harder to push through than some people infer when they're trying to push a particular (largely anti-corporate) agenda? The officers of a corporation have a duty to the shareholders, true. However, they have a great deal of discretion with regard to how they go about executing that duty -- and if they make an even tenuously-justifiable decision that pursuing that $1 million would lose them more than $1 million in goodwill, no judge is going to overrule them.

      It's the cases where members of the board are going for personal enrichment at the shareholders' expense that a shareholders' lawsuit actually has some kind of ground to stand on, and even then they're not successfully prosecuted with any kind of frequency.

      I'm not a lawyer, but I've been there/done that with regard to the disgruntled shareholder thing. Also see PJ's answer when it was asked on Groklaw why SCO's shareholders couldn't put an end to management's obviously broken strategy -- judges don't want to be in the business of second-guessing managers' business decisions.

    7. Re:Why some people think MS is incompetant by sjames · · Score: 1

      Maybe they used Excel to compute the severance amounts.....

    8. Re:Why some people think MS is incompetant by BitZtream · · Score: 1

      So, /.ers get pissed that they deny a problem. /.ers get pissed when they admit to a problem.

      What exactly is it you want them to do?

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    9. Re:Why some people think MS is incompetant by BitZtream · · Score: 1

      Then you live in a very small box. You should probably read something other than slashdot and get out of your basement more often.

      If you truely think MS has no credibility to the rest of the world you must be living in a very isolated place. But since you have internet access, we'll go with your just a silly fanboy.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    10. Re:Why some people think MS is incompetant by QuietObserver · · Score: 1

      Which is why I prefer to use QuattroPro, which performs recalculations on the fly; the first time I noticed it was doing this (version 7), I was ticked because the screen would suddenly redraw while I was working, but then I realized what it was doing and why (this was in the late nineties using a 14MB spreadsheet). The regular refreshes were still annoying, but I was no longer as peeved once I understood the benefit. I still wonder why other office suites haven't adopted such time saving features as this and other things the WordPerfect suite offers, like reveal codes or the property bar.

  9. most likely the employees could just keep it by thesazi · · Score: 5, Interesting

    IANAL but i'd expect the fees related to going after individuals who refuse to give back the money probably costs more than just letting them keep it. they'll probably just write it off and note that ex-employee's name in the HR database as a "do not hire"

    1. Re:most likely the employees could just keep it by nEoN+nOoDlE · · Score: 1

      they'll probably just write it off and note that ex-employee's name in the HR database as a "do not hire"

      Maybe it would be more accurate to label them as a "do not fire"

      --
      Don't trust a bull's horn, a doberman's tooth, a runaway horse or me.
    2. Re:most likely the employees could just keep it by bipbop · · Score: 2, Interesting

      I'm not a lawyer either, but in my experiences in California, this is tricky--our HR people told us it wasn't legal to keep a list of people marked "do not hire." No, I don't know why, or whether they were correct.

    3. Re:most likely the employees could just keep it by jellomizer · · Score: 1

      That may be the case. But if you get laid off. Most sane people will not come back, they will move on. Get a job at a different place, or a different industry all together. Still having Microsoft on your Resume will go far.

      But if they are going to sit around waiting for MS to rehire them back then they deserve to pay Microsoft back, the money.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    4. Re:most likely the employees could just keep it by dbcad7 · · Score: 1

      Not sure about the state where this happened.. but here where I am, your vacation, and severance pay is calculated into when you are eligible to start receiving unemployment checks.. So declaring a larger amount will screw you, as you would not have funds for the longer "waiting period" caused by saying you received more money than you did.

      Although I personally would not want to keep money not due to me, I would inform them that until everything is straighted out with the unenjoyment office to the satisfaction of me not LOSING money, then I will keep it.. after it is straight I would happily return it.. But you can imagine the fun of trying to straighten this out with an agency not used to thinking outside the box.

      --
      waiting for ad.doubleclick.net
    5. Re:most likely the employees could just keep it by AK+Marc · · Score: 1

      For paying someone money then deciding you didn't really mean to, collecting, even through a collection agency, is hard. It's not like they said "We'll pay you $400" and sent them a check for $500. They said "here's your severance" followed by "Oops, give us back $100."

    6. Re:most likely the employees could just keep it by ajlisows · · Score: 1

      IANAL either but I have a small tale about overpayment of employees. Understand this happened a few years back when I was working a summer job during college and was still quite naive in the ways of the world. My interpretation of what happened may be skewed. An employee was with the company I was interning at for five years. He agreed about a salary (I believe it was around $1000 per week). Every week that he received a paycheck he actually was paid $2000 (or double his agreed upon salary). I worked in the same general area as him. The police came in one day, escorted him to HR, where HR confronted him as to why he didn't report it (Of course he claimed he didn't know), and laid out terms of his repayment. From there the police escorted him outside of the building. My impression of this is that not recognizing obvious overpayment of what your contract/terms of employment read is a case of corporate theft and fraud. As much as I feel for the Microsoft workers who are now out of a job, if they signed off on a contract that stated a specific percentage or flat amount they have no right to a penny more than that. It is theft plain and simple if they don't return the money. It is so clean cut that Court costs would likely be very very low.

    7. Re:most likely the employees could just keep it by kabocox · · Score: 1

      I'm not a lawyer either, but in my experiences in California, this is tricky--our HR people told us it wasn't legal to keep a list of people marked "do not hire." No, I don't know why, or whether they were correct.

      Are you kidding? Everywhere that I've worked has a list of we won't ever be hiring that person back. It doesn't matter if it's a fast food place, small business, government office, or larger corporations. It might not be outside of that manager or work group, but short of mind wiping everyone involved there is no way that they'll rehire some folks. Now, spreading "do not hire" lists around an entire organization would be a mixed blessing/curse. I think that you'd be getting far more positives out of it than negatives though. Those that make it on a mental do not hire list have generally burned their bridges for whatever reasons.

      I've also spoken with some folks and interviewers that look at college grads every year will put some grads on a "not culturally suitable to our company list at this time list," which is the same thing by a slightly different name. They'll re-eval some folks growth/change after 5 years, but generally they've got so much choice in new grads that they don't have to bother with folks that they deem don't match up with their corporate outlook.

  10. Re:Haha by Jimbob+The+Mighty · · Score: 5, Funny

    Or better yet: "Dear Steve Ballmer, Please accept this drawing of a 7-legged spider..."

  11. What if they don't? by FrostDust · · Score: 1

    If one such laid off worker decided to keep the money Microsoft is asking back for, do they have any legal reasons to get this money back? Does he/she actually owe Microsoft this money?

    1. Re:What if they don't? by nomadic · · Score: 1

      No way of knowing without the terms of the severance agreement, the amount that was paid, any representations made at the time of payment, even what the check looked like.

    2. Re:What if they don't? by clodney · · Score: 1

      Turn it around - suppose MS underpaid the severance? Do they actually owe the employee anything? Should they send the employee the correct amount or just keep quiet and hope nobody notices?

  12. Calculated in Excel? by jadedoto · · Score: 5, Funny

    I understand completely then. Sometimes I find Excel gives me non-trivial rounding errors too.

    1. Re:Calculated in Excel? by thewiz · · Score: 1

      I wonder if their accounting department is still using Pentium CPUs with the divide bug.

      --
      If "disco" means "I learn" in Latin, does "discothèque" mean "I learn technology"?
    2. Re:Calculated in Excel? by jadedoto · · Score: 1

      Oh, I almost completely forgot about that bug! Hah!

    3. Re:Calculated in Excel? by FatdogHaiku · · Score: 1

      How can you forget that bug? As I recall it went:
      386
      486
      ummm... PENTIUM!
      That really should have hinted at a math problem right there!

      --
      You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
    4. Re:Calculated in Excel? by KingAlanI · · Score: 1

      They wanted to call it the 586, but numbers couldn't be trademarked anymore. :)

      --
      I listen to both RIAA and non-RIAA stuff if I like the music, tangential business/politics nonwithstanding.
    5. Re:Calculated in Excel? by noidentity · · Score: 1

      Yeah, it was kind of suspicious when it was noted that they were all overpaid exactly $655.36. The former workers want to reduce that to $640, since that should be enough for anybody.

  13. Re:I think I am not unique in saying.... by Malc · · Score: 2, Insightful

    I guess you must have some unique skills, or are a leader in your field, or your resume is so good that it would also open doors and guarantee you a new job without references. Pretty confident for this economic environment, huh?

  14. Money for nothing by sean_ex_machina · · Score: 1

    My previous employer overpaid quite a few people a few years back, and the worst that happened to people who didn't offer to return the money was that they had to pay income taxes on it. Although the total amount was about $80k, it was divided among so many employees that taking legal action against any one employee was not worth it.

  15. Re:I think I am not unique in saying.... by Anonymous Coward · · Score: 2, Insightful

    You'd be surprised how much zealotry you can accomplish at Microsoft :) There's opportunities everywhere!

    There's at least one large product with decent Unix support thanks to my efforts (unrelated to my internship, even).

    My point was this: Microsoft does evil things, but we all know that. But no one ever said they treated their employee's evilly.

    You don't have to be blind to be a zealot. I prefer to think my zealotry is based on reality.

  16. Re:I think I am not unique in saying.... by ScrewMaster · · Score: 1

    You probably have some things to learn about zealotry. In a case like this, you should jump at the chance to not come to microsofts defense, Anonymous Coward. ...if that even is your real name.

    Zealot is not synonymous with bigot.

    --
    The higher the technology, the sharper that two-edged sword.
  17. Re:I think I am not unique in saying.... by nurb432 · · Score: 1

    That is funny, i have friends that will say just the opposite and the place is a 'code mill' where people are expendable at the lower levels.

    --
    ---- Booth was a patriot ----
  18. See, this is what happens... by Anonymous Coward · · Score: 5, Funny

    When you train the people in payroll to keep clicking "Allow".

  19. Pay it in vouchers by carou · · Score: 5, Interesting

    In the past, Microsoft has settled fines by giving away the fine value in money-off vouchers for schools to buy cheaper copies of Windows (in areas where the schools had tended to use the competition's systems, naturally).

    These workers should do the same thing. Print up a few dozen vouchers for $100 off a week's contracting rate.

    1. Re:Pay it in vouchers by will_die · · Score: 1

      Or send them back a check for the money minus fees for shipping & handleing and your time for doing the work of writing the check, 1 hr min work. Include billing letter with check.
      Just be sure to send it registered mail, signature required, and write on the back of the envelope that signing for the letter inicates they accept the enclosed billing statement.

  20. they probably are owed it by Trepidity · · Score: 4, Informative

    Generally you do have an obligation to return someone else's property that accidentally came into your possession. You'd be guilty of theft if you knowingly kept it despite knowing that it came into your possession by accident; if you had reason to believe it was legitimately yours, you could plead not guilty to theft, but would probably still have to return it if a court determined it wasn't rightfully yours (i.e. not paid as part of a legitimate contract, or given as a gift). In this case if the employees had signed paperwork specifying a particular amount of money, and they got a larger amount, they would have trouble arguing that they believed it to be anything but an accidental overpayment. I guess you could try arguing that it was a legitimate gift from Microsoft, but I doubt that would succeed.

    1. Re:they probably are owed it by speedtux · · Score: 1

      That depends on how exactly the severance package was determined and what exactly people signed when they took it.

    2. Re:they probably are owed it by Dhalka226 · · Score: 5, Insightful

      I don't have any strong evidence, but it sounded more to me like their methods for calculating what a person should be paid was just discovered to be faulty. If it really were some sort of entry error into their payment systems it seems like it should be one or two very isolated cases. When combined with that line that "some laid off employees were also undercompensated," it paints a picture for me of a broken formula. The fact that they call it an "administrative error" rather than "accounting error" also points me in that direction.

      As such, these people probably agreed to the package that they ultimately received. If Microsoft actually had any right to collect the over-payments, they probably would have said so in the letter to ensure greater initial compliance--even if they ultimately had no intention to go after the money with the lawyers.

    3. Re:they probably are owed it by tomhudson · · Score: 2, Interesting

      Unsolicited packages that come in the mail addressed to you are yours to keep, free of any compensation or request for return. How is this different? Especially when there is no longer any contractural relationship between the parties (and they went out of their way to sign papers to that effect). Any over-payment, in that case, IS a gift. Also, as a gift, if it's below a certain amount ($13,000.00, it's tax-free.

      And no, "Gifts from certain parties will always be taxed for U.S. Federal income tax purposes. Under Internal Revenue Code section 102(c)[3], gifts transferred by or for an employer to, or for the benefit of, an employee cannot be excluded from the gross income of the employee for Federal income tax purposes" doesn't apply - they're not employees, and weren't employees when they discovered the "gift." They can tell Microsoft to pound sand. Unless the amount is in the hundreds of thousands per employee, this was a stupid move. Oh wait - this is Balmer we're talking about. Zune Boy.

    4. Re:they probably are owed it by hldn · · Score: 2, Funny

      Generally you do have an obligation to return someone else's property that accidentally came into your possession. You'd be guilty of theft if you knowingly kept it despite knowing that it came into your possession by accident

      i will refer you to the finders keepers losers weepers rule which obviously states that this is not true.

      --
      http://www.accountkiller.com/removal-requested
    5. Re:they probably are owed it by erroneus · · Score: 1

      Oh you can be sure that the software they used to calculate severance was faulty... guess what company developed it?

    6. Re:they probably are owed it by edfardos · · Score: 1
      Okay, continue that thought, say Microsoft gets a judgment against you. Then what? nothing. You don't have to pay. The government doesn't force you to pay. Worst case Microsoft sells the judgment to a collections agency, they get nothing, and you get a phone call every week. The US judicial system only enforces the law for corporations and the rich who subsidies the political system.

      okay, on the lighter side, they must have used Excel to calculate the severance eh? :)

      edfardos

    7. Re:they probably are owed it by tsalmark · · Score: 1

      MS has often used competing products rather than their own in mission critical systems.

  21. Re:Technically they are right by homer_s · · Score: 4, Insightful

    It might be bad PR, but why is it bad morals?

    If you accidentally overpay someone, you shouldn't ask for the money? I'd argue that if you know you've been overpaid, keeping the extra money is bad morals.

  22. Payroll is in North Dakota? by russotto · · Score: 4, Insightful

    The letter asks for repayments to be sent to Fargo, North Dakota. If I got a letter purporting to be from my former company asking me to send money to a totally different state from that where I had worked and that where the company was based, I'd be more than a bit suspicious. This is apparently legit, but I wonder if any employees thought it was a scam (a scam by other than Microsoft, anyway)...

    1. Re:Payroll is in North Dakota? by Anonymous Coward · · Score: 4, Informative

      Microsoft has a nice facility in Fargo, from when the bought Great Plains Software a number of years ago. Great Plains did accounting software so it makes sense that payroll could be done there.

    2. Re:Payroll is in North Dakota? by Anonymous Coward · · Score: 1, Informative

      Uh... better check your facts... Microsoft is a major employer in Fargo N.D. Seems that when they purchased a particular business software company, Great Plains maybe? they kept that team in Fargo......

    3. Re:Payroll is in North Dakota? by ralphdaugherty · · Score: 2, Informative

      The letter asks for repayments to be sent to Fargo, North Dakota.

            Fargo is their Great Plains business software campus.

            I always wondered how their business software "Project Green" was turning out.

        rd

    4. Re:Payroll is in North Dakota? by Reservoir+Penguin · · Score: 1

      Don't you fuckin' fuck me, Jerry. I want you to get this money to the Dayton Radisson, top level, in 30 minutes, Jerry, we wrap this thing up. Hey, you're there in 30 minutes, Jerry, or I find you, Jerry, and I shoot you and I shoot your fuckin' wife and I shoot all your fuckin' children and I shoot them all in the back of their little fuckin' heads; you got it?

      --
      US-UK-Israel: The real Axis of Evil
    5. Re:Payroll is in North Dakota? by Anonymous Coward · · Score: 1, Informative

      Microsoft Uses SAP not Dynamics.

      And they extended their campus in Fargo completing it this year to close up the Denmark development site after 2011 Dynamics ships (6.0). They already fired 100 people there this yea

    6. Re:Payroll is in North Dakota? by speculatrix · · Score: 1

      FROM: JOHNSCAMMER@MICROSOFT.COM THE DESK OF THE FINANCE DIRECTOR, MICROSOFT CORP
      REF-NUMBER GWK / 7519 /059741 /05 UAD
      BATCH -NUMBER: 316 /2004 /BLL.......ATTN:

      SIR/ MADAM, CONGRATULATION, TO YOU, we are pleased to inform you about the result of the winners of the microsoft share lottery, your winning ticket NO:1002-25634789-6973 with serial no:984

      please remit £1000 to the following account in order to claim your prize: 12-45-89 13567890

      please only contact me via the following email address xyahdsusu419@hotmail.com

    7. Re:Payroll is in North Dakota? by devious507 · · Score: 1

      That makes sense to me, Microsoft bought out "Great Plains Accounting" a number of years back, and maintains a fairly decent (I'd estimate 30 to 40 thousand square feet) office complex in Fargo; right on Interstate 29. I drive by it 3 times a year when visiting the in-laws.

  23. Chicks for Free!!! by Thaidog · · Score: 1

    No wait that's IBM.

    --

    ||| I still can't believe Parkay's not butter.

  24. Blame the gates? by billy901 · · Score: 1

    You probably can't blame ol' Billy or Stevie for this one. The refund was probably asked for by an accountant who made a mistake when giving out the severance package.

    --
    Please visit http://www.mederbil.com/ i7, GTX 275, 4 1TB Caviar Green in RAID 0+1 array, EVGA X58 3X SLI Board, Silver
    1. Re:Blame the gates? by techno-vampire · · Score: 1

      More likely it was asked for by some middle-manager in either HR or, as you suggest, in accounting. I can't see upper management approving it unless the company were teetering on the brink of collapse, and I'll believe that of Microsoft when I hear that there's a blizzard in Hell.

      --
      Good, inexpensive web hosting
  25. Re:Technically they are right by Shados · · Score: 2, Interesting

    I agree. This happens all the time. Accountants and HR people are just human, and they make mistakes. Sure, the systems are mostly automated, but when there are exceptional events or conditions change (this WAS Microsoft's first massive layoff), mistakes happen, and people pay it back all the time. The same way if they underpay you, they'll give it back.

    Now, the only difference is those are people who got fired...so unless there's a legally binding agreement over this package (like, if something was signed...which it probably was), they have no reason to pay back, and they're probably not in the mood to do so. But again, if they signed papers, they don't have much choice.

    Also, MS has offered to help some of these people to get new jobs, and even may hire some of them back in the future. Thats typical in IT in general. So unless some of these people REALLY hate Microsoft to the level of an average slashdotter, its not in the former employee's best interests to screw their former employer over. May cause issues getting references too, if t he direct supervisors catch ear of it.

  26. You can have it back when you pry it from my hands by Bushido+Hacks · · Score: 1

    To somewhat quote the late Charlton Heston, "Corporate American can have my money back when they can pry it from my cold, dead hands!"

    No one was over paid more than Steve Balmer. If you are working for a company started by one of the world's riches men (Bill Gates), you should be paide more than the average salary.

    --
    The Rapture is NOT an exit strategy.
  27. Re:Haha by momerath2003 · · Score: 5, Informative

    For those that don't get it (like me):
    http://www.27bslash6.com/overdue.html

    and then it "sold" on ebay.

    --
    I had but a simple dream, to destroy all humans.
  28. Re:I think I am not unique in saying.... by phantomfive · · Score: 4, Interesting

    Being a cog doesn't mean you are not treated well. I change the oil in my car regularly, and yet it is just a cog in my life, easily replaceable. The reason Microsoft treats its employees well isn't because they actually care about their happiness, it's because it makes better business sense for the employees to be happy. They work harder that way. Cogs in a wheel.

    A good company will be one that treats me as a partner, not as a coding machine. Such companies exist, and I've worked for them, even if they are rare (but becoming less so!). Even in manufacturing, companies like that exist. One example is Springfield Remanufacturing Corporation. It is an employee owned company. The management doesn't consider itself better than the rest, they work as a team, and they don't have layoffs. They have an open system, where the employees actually understand what management is doing, instead of just being told to do it. If someone is having trouble doing they job, instead of firing them, they get taught how to do better. Maybe they don't have free massages for the workers, but the workers are treated like human beings, who have judgement and capabilities, and they get their fair share.

    I suggest reading "The Great Game of Business." Although the book is targeted towards management, it completely changed my idea of what a company can be, and it's not a free xbox.

    --
    Qxe4
  29. Had a previous employer overstate wages by transporter_ii · · Score: 2, Interesting

    And when a large group of us applied for unemployment, we got more than we should have.

    After a few months, we all got a letter from the unemployment office wanting the extra money back. Good luck with that, except I still owe them money and the debt never goes away.

    If I ever get laid off again, I can't draw a penny until the original amount is paid off out of what I will draw if I end up unemployed again.

    When it was all over, the unemployment office sent me a postcard asking what I thought about my experience with them. I sent them a postcard back that was just short of having a federal marshal knock on my door. If I was at home right now, I would post a copy of it. It was a laugh riot.

    transporter_ii

    --
    Doctors destroy health, lawyers destroy justice, universities destroy knowledge, religion destroys spirituality
    1. Re:Had a previous employer overstate wages by Registered+Coward+v2 · · Score: 4, Interesting

      And when a large group of us applied for unemployment, we got more than we should have.

      After a few months, we all got a letter from the unemployment office wanting the extra money back. Good luck with that, except I still owe them money and the debt never goes away.

      If I ever get laid off again, I can't draw a penny until the original amount is paid off out of what I will draw if I end up unemployed again.

      That's because it is the government. When I worked for Uncle Sam, if he overpaid you he simply took it out of the next check you got. OTOH, if he underpaid you you also got it on the next check with no hassles.

      Private industry is a bit different. years ago I got one of those letters from a previous employer. I eventually got around to sending them a check. A few months letter I got a check from them saying they had underpaid me. Go figure...

      MS, OTHO, may be doing this not so much as to collect the money but to avoid lawsuits. If someone discovered they used different ways to calculate severance for the same agreements they could wind up in court. This way, they can at least say "We messed up, but once we found out we tried to fix it." Even if the employees don't pay it back and MS doesn't go after them at least they can show thwy tried; and fixed underpayments as well.

      This of course is conjecture on my part; but my experience is it is not uncommon for companies to mess up severance payments. Even when I left Uncle Sam it took several months for me to get a "final" check that zeroed me out.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    2. Re:Had a previous employer overstate wages by tomhudson · · Score: 2, Informative

      After a few months, we all got a letter from the unemployment office wanting the extra money back. Good luck with that, except I still owe them money and the debt never goes away.

      You might want to check the statute of limitations. If there is no legal judgment, just an "administrative note" in your file somewhere, you may be in the clear in a few years.

  30. Re:I think I am not unique in saying.... by nabsltd · · Score: 1

    References are people you know who have agreed to do just that, not random people at places you used to work.

    Because of the fear of lawsuits, the standard policy at almost every company (and 99.9% of large companies) is that the only question they will answer is "when did ____ work at ____?"

    In addition, if this sort of overpayment did bring legal action against the ex-employee, any mention of such a matter to a new prospective employer would really open up the old employer to nasty lawsuits.

  31. Let's see how we can clone this "innovation" by Anonymous Coward · · Score: 5, Funny

    Dear Microsoft,

    It has recently come to my attention that I have needlessly paid licensing fees for multiple OEM licenses relating to use your Windows computer operating system (hereafter referred to as "malware").

    I have upon many occassions purchased a computer from a vendor who is in the unfortunate position of being a Microsoft partner. Microsoft has continually discouraged its OEM partners from shipping "naked" (sans operating system) PCs. This has led to the situation where I, as both a consumer and business purchaser of laptop, desktop and server class computer hardware, often find it difficult to avoid paying licensing fees relating to your Malware when I order a new system. This is troubling since I neither want to run, nor to purchase a license enabling me to run your malware.

    Furthermore, I have suffered financially for many years as a result of your Malware being installed on the majority of desktop computers. Many of my web site customers are infected with a specific bundled component of your malware ("Internet Explorer"). Supporting this doubles the development and maintainance cost of my companies web site.

    I ask that you refund my overpayment on unwanted licenses for your malware and make a further payment in respect of losses incurred by my company due to the "Internet Explorer" component of your malware. The net amount you owe to myself is $60,000 payable by check or money order within 14 days.

    Thanks,

    Anonymous Coward
    c/o slashdot.org

    1. Re:Let's see how we can clone this "innovation" by ignavus · · Score: 1

      Of course, you realise that all Anonymous Cowards will want a cut?

      --
      I am anarch of all I survey.
    2. Re:Let's see how we can clone this "innovation" by Anonymous Coward · · Score: 1, Funny

      Of course, you realise that all Anonymous Cowards will want a cut?

      Screw that we want our own separate check for $60,000, we've suffered as much as he has..

  32. Re:I think I am not unique in saying.... by phantomfive · · Score: 1

    I've interviewed dozens of people, and never once did I call someone for a reference. It just didn't seem like it would be important or useful. Other companies might be different, but I'm sure I could get a job without a reference from my most recent employer.

    Incidentally, you don't actually need to be at the top of your field, you just need to be able to produce enough to be worth what you want to get paid. If you can do that, then you will have no problem finding a job. Why would anyone want to pay you more than you are worth? Lots of people will be willing to pay you less than you are worth, and some people will be willing to pay you exactly what you are worth.

    --
    Qxe4
  33. Re:I think I am not unique in saying.... by AuMatar · · Score: 4, Interesting

    When I quit at Amazon, they actually offered me a legal document (optional, of course) promising them that I wouldn't sue for giving references. If you sign it, they'll allow your manager/coworker to give references, if not they only gave name, rank, and serial number. If you think the references would be good you sign it, if not you don't. I expect to see more companies doing that in the future.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  34. Stop being such a brown-nosing, lying shill by tomhudson · · Score: 4, Informative

    Just because they had their first-ever layoff doesn't mean that they treat their employees badly.

    It wasn't their first-ever layoff. Just the first that ever made such a huge media splash.

    1. Re:Stop being such a brown-nosing, lying shill by Colonel+Korn · · Score: 1

      Microsoft has a history of abusing their employees.

      They were taken to court a couple of decades back because they didn't want to pay their cleaners overtime.

      They were taken to court over "perma-temps". Ask anyone from the "BOGUS. badge" time (people wearing badges that said BOGUS, which stood for "Bend Over, Grease Up Sucker, 'cuz I'm vested and you ain't") how bad it was.

      They have a culture of abuse, including screaming at people, as well as paranoia - you have to be at your desk at least as long as your boss, or you're not a "team player" - but you don't get overtime.

      A headhunter was looking for c/c++ programmers in the early '90s, and I told her I was interested - unless it was Microsoft. She wanted to know why. Even then, their "culture" was well-known.

      Microsoft products are crappy for a reason. You treat people like crap, they're going to produce crap. After all, GIGO - garbage in, garbage out.

      People need a life away from work. That's not being a "team player" or a "'softie."

      They should learn The Toyota Way - quality as consequence. Then change their actions.

      Of course none of that is as bad as working for Steve Jobs.

      --
      "I zero-index my hamsters" - Willtor (147206)
    2. Re:Stop being such a brown-nosing, lying shill by tomhudson · · Score: 1

      Well, laying off 1400 (the actual number, when you include contract workers, was MUCH higher, btw ...) and saying that there will be another round with several times as much, rather than "cut once, cut deep", is a real morale-killer. It just invites people to play politics to make sure they get good-enough reviews, and encourages those who can leave, to go; both result in mediocrity, as opposed to meritocracy.

  35. Want that overpayments get returned? by gmuslera · · Score: 1

    Either by cost, value, or reference, all versions of windows were overpaid by consumers... what about returning those overpayments? Probably that will put around enough cash to end the current world economy problems, as a bonus.

  36. Cutting losses by tomhudson · · Score: 1

    cut your losses and fire whoever in payroll screwed it up.

    Why do you think the people in payroll screwed it up on purpose? They got to see some of their own names on the list of the soon-to-be walking dead while they were making up the pay.

    So they zuned Microsoft back while they still could.

  37. Automatic Deposit by pilsner.urquell · · Score: 1

    A good case against automatic deposit. Also, a good time to get a lawyer.

  38. Li'l Helper by Anonymous Coward · · Score: 1, Funny

    It looks like your trying to reclaim an overpayment. Shall I :
    - Appropriate an arbitrary amount?
    - Send out a legal notice?
    - Leverage it as a condition of potential re-employment?

  39. mis-payments aren't yours to keep, though by Trepidity · · Score: 1

    If they just mailed $X with no solicitation, then sure. But it looks like this was an agreed compensation payment, with the check written for the wrong amount.

    Similarly, if I mailed Safeway a $74 check without them soliciting it, they'd be in their rights to cash and keep it. But if I accidentally wrote them a $74 check on a $47 grocery bill during checkout, I'd be within my rights to go with the receipt and ask for the accidental $27 overpayment back.

  40. Yep by Sycraft-fu · · Score: 2, Informative

    The way a court would view this would have almost entirely to do with what had (or hadn't) been agreed on beforehand. If their employment contract or severance paperwork specified a dollar amount either explicitly or implicitly as a percentage of salary, then they'll need to pay the money back. It is clearly an error in that case, and you agreed to a different amount. It'd be no different than if in a store you accidentally hand a cashier a $100 bill instead of a $10 one for a $10 item. They don't get to keep the extra, they need to give you back $90.

    Now if there was no agreement on amount, then MS is probably SOL. If they just said something like "You'll get a severance bonus upon termination," without bothering to state the amount, then the employees can keep what they got. MS will only get it back if the employees are nice about it. However, this situation isn't real likely.

    My bet is that they probably did have an agreement in place before hand, most of the time when there's something like this there is a preexisting agreement. In that case, the employees are going to have to give the money back.

  41. sWindle-ows by radicalbiscuit · · Score: 1

    I guess Bill Gates finally paid someone for forwarding that email to 10 people, and they want it back? I've lost all faith in chain mail.

  42. I didn't give the money back and... by careysb · · Score: 2, Insightful

    "I'm sorry sir, but when we attempted to verify your prior employment they said they never heard of you."

  43. In Soviet Russia... by Anonymous Coward · · Score: 1, Funny

    ... Holiday pay charges you!

  44. Payment for uncompensated overtime by tomhudson · · Score: 1

    I over-pay my bills all the time, but that's because I have a continuing relationship with my internet, cell phone, and utilities companies, so I like it that every few months I get a bill that says "this is a credit, don't pay it!"

    That's different from the situation of the former employees, There's no ongoing relationship, they probably figured any overpayment was for other stuff that they were owed (vacation pay, etc), and that they had a legit right to it. They've probably also budgeted consequent to the revised amount, and are now doubly screwed. If it's a few hundred or thousand, microsoft should have written a nice letter stating that they have paid them an additional amount as a onetime assistance benefit because of the inconvenience of the layoffs, and gotten a pr boost. After all, if you can't fix it, feature it, right?

    If it's in the tens of thousands (or more) per employee, then it shows just how out-of-whack Microsoft is.

    Also, now that these are FORMER employees, maybe they should send back a demand letter for their back-pay for uncompensated overtime.

  45. Karma by shentino · · Score: 2, Insightful

    I think MS got what they deserved here.

    Should the employees give it back?

    Yes. Anyone who keeps something that doesn't belong to them is an honorless cheating scumbag.

    Will they?

    Probably not. What possible leverage does MS have to make the employees do what they should? The ex-employees have no reason, other than honor, to give it back. MS has no leverage, they shot themselves in the foot.

    Personally, I think that all the workers who don't cough up the dough are just exploiting microsoft's blunder to advantage themselves.

    However, since MS has exploited weakness to make itself stronger and stabbed its competitors in the soft underbelly (netscape anyone?), I think this is nothing more than a bit of bad karma biting them in the arse.

    They really have no choice but to write it off as a blunder. Expecting the ex employees to be honest? Hah, they're lying cheating human beings! What do you expect them to do?

    The only way I see MS coming out ahead is by taking people to court over it and tacking on punitive damages for a breach of constructive trust. Knowingly keeping or disposing of property that isn't yours is called conversion.

    MS screwed itself over and needs to let it go because of the bad PR that fighting karma will create. But those folks who kept the overpayment for themselves are a bunch of dirty rotten cheaters and should be ashamed of themselves.

    And the nincompoop in the payroll department? A ripe target for both a canning and a negligence suit owing to breach of fiduciary duty. This is really the only person I see MS able to go after without a major karmic backlash. If the action was deliberate, then it's embezzling and he/she deserves jail time.

    1. Re:Karma by Todd+Knarr · · Score: 2, Insightful

      As far as I'm concerned when it comes to severance, the question of whether I should return money comes down to one question: is the amount paid to me in excess of what the documents I received when I left said I was to be paid? When I leave, I confirm with the company rep that the amount those documents give is accurate and we both sign things off. After that, their miscalculations are No Longer My Problem. They've agreed that's the amount they're to pay me, I expect them to abide by their agreement just as they expect me to abide by mine. If they cut a check for more than the agreement said, they get their money back. If the amount of the check matches the agreement, they can ask all they want but I'm not inclined to change the agreement without getting something in return for the changes.

    2. Re:Karma by Aphoxema · · Score: 1

      Should the employees give it back?

      Yes. Anyone who keeps something that doesn't belong to them is an honorless cheating scumbag.

      A few grand is something worth considering the honor in, but if Microsoft is bitching about 5 or 10 or 50 bucks each person, this isn't making ends meet, it's adding insult to injury.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
    3. Re:Karma by shentino · · Score: 1

      Honestly, I think it's principle.

      An employee keeping money they didn't earn is plain dishonest no matter what the amount. In fact, I read of a guy at a restaurant who worked at a bank. Some execs were there, and they witnessed him palming a pat of butter and not pay for it. They were so shocked that, instead of giving him a promotion, they fired him. He lost his job over a small pat of butter. "He who is unfaitful in little is unfaithful in much" and all of that jazz.

      MS may be reaping bad karma, but any crooked workers ripping them off in the process are sowing bad karma of their own.

    4. Re:Karma by TheLink · · Score: 1

      A little pat of butter doesn't go very far.

      But a few billions here and there, and it starts to add up to real money.

      --
    5. Re:Karma by Aphoxema · · Score: 1

      I'm not talking about the employee's decision, I mean the sheer disgust in a company dropping employees because they can't afford to keep paying them over time, and after they pay them a severance they turn around and say "Oh, we gave you too much. Hope you're doing alright finding a new job, we're going to take back some of those funds you were to depend on until you could get that job".

      Fuck principle. I keep my hands clean, but the maximum amount I allow anyone to fuck things up for me is a total of One. Maybe a .3 here and a .7 there, but laying me off and then telling me to give them money definitely puts it over that one.

      --
      "Most people, I think, don't even know what a rootkit is, so why should they care about it?"
  46. It was by Weaselmancer · · Score: 5, Funny

    But they overpaid them by giving them copies of XP.

    --
    Weaselmancer
    rediculous.
    1. Re:It was by Thinboy00 · · Score: 1

      No, they overpaid them (nice pronouns) by giving them that silly dual thing that M$ counts as Vista but in practice amounts to XP (since everyone always chooses XP). When M$ realized they had given the dual thing by mistake (which took a while since their statistics are wrong), they tried to force "upgrades" via use of WGA etc... but this time they can b/c it's in a physical, signed contract as opposed to a TLDR EULA.

      --
      $ make available
  47. Re:Capitalism is Ugly by geekgirlandrea · · Score: 1, Flamebait

    True, excess gov't can also be ugly, but lows are less low.

    Heh. Looks like someone needs to study some history.

  48. What exactly is the big deal? by Eskarel · · Score: 3, Insightful

    This sort of thing happens all the time, banks overpay, payroll overpays, people overpay. It happens, if you get called out on it, you are legally and morally obligated to return the money(personally I tend to point out the mistake if I see it being made as well, but that's me).

    Is it a little petty to be going after terminated employees if the amounts are fairly trivial? Yeah. Do we know that the amounts are trivial? No. Remember an average of an extra grand per employee is 1.4 million dollars, not exactly pocket change, even to Microsoft.

    Companies do this all the time, it's part interacting with human beings who can and do make mistakes. If anyone other than Microsoft had done this, the article wouldn't have been written.

    1. Re:What exactly is the big deal? by shentino · · Score: 1

      I think the problem is that people in general love it when they get something that isn't theirs. The thrill of a windfall, I suppose, plus the entitlement mentality binding to any odd thing that happens to plop into your lap whether it's yours or not.

      Add to that MS's bad reputation and you get Nelson saying "Ha ha".

      Legally, here's how I think it will work, assuming the letter of the law is followed, no courtroom drama gets things twisted, and lawyers don't try to extort people (some pretty iffy assumptions at that, mind you):

      1. If the settlement agreements have the correct amount

      The employees received income they were not LEGALLY entitled to, and have a fiduciary obligation to return it.
      And MS owes any underpayments.

      Simple as that, the error isn't binding since it never made it to the "meeting of the minds".

      2. If the settlement agreements reflect the actual amount

      the legal agreement stands as valid, the employees get to keep it as agreed as it was a unilateral mistake by MS that the employee had no way of knowing about. Who can expect a simple peon to be on the lookout for an accounting blunder like that? They'll probably just trust the beancounters not to give legal a screwed up figure in the first place.

      Anyone who did see the overage probably wouldn't pipe up about it unless they were Honest Abe (tm), though technically, finding out about it and keeping mum would give them a mens rea culpability for conversion. However, orwellian technology being as absent as it is, fat chance proving it.

      Unfortunately, if someone got shorted, they're out of luck here, since the legal document SIGNED by the employee prevails, and only pure ethics by MS would matter, ethics that are both legally forbidden by shareholder fiduciary duties AND also notably absent on any employees that got a windfall.

      The errant legal agreement would prevail and force the accounting records to be amended.

      Either way, the schmuck in the payroll department would also be on the hook for any losses he caused microsoft as a result of his blunder that didn't get recovered, since making this sort of blunder may constitute negligence and/or professional malpractice.

    2. Re:What exactly is the big deal? by kimvette · · Score: 1

      If Microsoft can thumb their noses at the EU to the tunes of millionS per day (they considered violating antitrust laws the cost of doing business) then Microsoft can overlook 1.4 million or even many times that if it comes to avoiding yet more negative press.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    3. Re:What exactly is the big deal? by ChrisGilliard · · Score: 1

      1.4 million dollars, not exactly pocket change, even to Microsoft.

      Given that Microsoft has $37 billion in total current assets as of the end of Dec '08. I think they'll survive if it IS only $1.4 million.

      --
      No Sigs!
    4. Re:What exactly is the big deal? by rastos1 · · Score: 1

      This sort of thing happens all the time, banks overpay, payroll overpays, people overpay.

      It must be sooo nice in your world! ;-)

  49. Re:Fuck You Microsoft by shentino · · Score: 1

    I'd call you an honorless piece of scum exploiting a blunder on MS's part to keep money you have no legal right to, and sneering with a protruded tongue at the fact that MS can't do squat about it now that the ship has sailed.

    Shame on you, because honest people don't need to be leveraged to do what's right.

  50. what's good for the goose.... by belmolis · · Score: 2, Funny

    The affected employees should repay Microsoft in the form of coupons that Microsoft can exchange for their services in the future.

  51. Re:I think I am not unique in saying.... by lgw · · Score: 1

    How bizarre. My last 2 jobs wanted references. This wasn't something where the HR department would call the HR department - that's "a background check" not "references". A reference check is when the hiring company asks for a direct contact number for a former co-worker and a former boss. A senior manager or VP calls the numbers you provide directly, and chats with your reference. At my current job, the CEO wanted at least one reference that *he already knew* so that he could be sure my references were real (for a senior-ish role at a 300 person company).

    The whole thing's a sham, of course. You only give numbers of people who'll say that you walk on water - but if you can't provide the number of a former manager who will at least *pretend* that you were great, you'll have a hard time gettin hired in Silly Valley (at least, hired by a smaller company).

    --
    Socialism: a lie told by totalitarians and believed by fools.
  52. Dear Sir or Madam... by JimboFBX · · Score: 1

    We regret to inform that we did not intend to pay you a severance package of $30,000.

    We meant to give you a severance package of 30,000 MS points. Please give us back $29,850 then proceed to spend the remaining $150 on movie rentals, game addons, and desktop backgrounds for your xbox.

    Love,

    Microsoft

  53. Re:Technically they are right by antibryce · · Score: 5, Funny

    It might be bad PR, but why is it bad morals?

    it's a slippery slope. one day you're overpaying employees you've fired, the next day you're stabbing hobos to death.

  54. If I by DaMattster · · Score: 3, Interesting

    were one of the unlucky ones laid off from work, I would really like to say the words, "So sue me," and not return the money. But, to take the ethical high ground and pay back the money is really the best course of action because it makes you look like the good guy. You will be more apt to be considered for rehire. I dislike M$ intensely but I won't stoop to ethics violations .... including pirating M$ software. Returning the money only makes you smell like a rose. I know that those laid off are suffering, but, at least you aren't alone. The suffering is widespread and getting worse by the week. The only silver lining to this cloud is that the government needs to pay attention to the plight of the working class and middle class because the adverse economic conditions are so widespread. The unemployed are no longer a statistical minority, and while sad, will actually help in the long run.

    1. Re:If I by BitZtream · · Score: 1

      They don't need to sue you.

      If you don't pay back the money its theft. They'll just have you arrested. This isn't the first time its happened, even if its the first time most of slashdot has heard of it.

      You can pretend to be a bad ass all you want, and then you'll find out how bad your ass hurts after Bubba gets hold of you after lockdown.

      You aren't taking the 'ethical high ground' by paying it back. You are obligated to do so. Next time your bank makes a mistake and over pays you, tell them to sue you. They won't. You will however be arrested and likely dragged to court in a orange jump suite for theft or number of other charges that can result.

      So you go ahead, Billy Bad Ass, tell them to sue you, you'll call their bluff. Lets just hope you don't mind catching or swallowing.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  55. Re:I think I am not unique in saying.... by MBGMorden · · Score: 1

    I wonder if they actually call the references they asked for? The organization I work for is small to mid-sized (roughly 1000 total employees), and I'm pretty familiar with the HR department. While we ASK for references on our application, as rule we don't ever actually contact them. All they normally do is contact the last 1 or 2 employers to confirm that they were indeed an employee there, and they contact educational institutions for degree verification.

    --
    "People who think they know everything are very annoying to those of us who do."-Mark Twain
  56. There you have it by Locke2005 · · Score: 1

    Mistakenly overpaid severance to 1400 laid off workers? Definitive proof that the Microsoft accounting department really does use Microsoft software! And it may have even used old Pentiums for the floating point calculations!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  57. We can get a rough idea of the overpayment by qazwart · · Score: 5, Interesting

    At least how many digits we're talking about...

    Most fonts keep numbers monospaced. Other characters in the fonts may have variable widths, but almost all fonts keep numbers the same width. This has to do with lining numbers up in columns when doing reports.

    I measure about six pixels per number. The zip code is about 30 pixels wide (6 pixels x 5 digits = 30).

    The blanked out area is 42 pixels wide. Now some of that is two spaces and a decimal point. Spaces look about 4 pixels and a decimal point is probably 2 or 3 pixels (it's hard to tell since the document was scanned in anti-aliased). That leaves 42 pixels - 3 pixels (decimal) - 8 pixels (spaces). About 32 pixels, or about 5 digits. Put 2 on one side of the decimal, and that leaves a number between $100 and $999 as an overpayment.

    Actually, this sounds about right for a math error of this type, and isn't too unusual based upon the complexities of this type of payout which includes includes considering the base salary, bonus payouts, unused vacations, unused sick leave, years in service, ranking, etc. Add in some government specific stuff, 401K vestments, stock plans, and who knows what else, and you can see how complex this can get.

    Still, it's hard to understand all of this: Microsoft laid off 1,400 people. If each of them received what seemed to be about $1000 in overpay, you're talking about $1.4 million dollars at the very most. If the average mistake was $300 and only 1/2 the people got that, you're talking about $200,000 (a more likely, but still quite large sum).

    Heck, the paper work alone to send out these letters and to track them probably costs Microsoft more -- not to mention the bad will and publicity it'll generate.

    1. Re:We can get a rough idea of the overpayment by DrWho520 · · Score: 2, Funny

      While you were working out how much money M$ wanted back, I was wondering how many people were going to take this opportunity to poop in a box and send it to that address in ND. Nice job, by the way.

      --
      The cancel button is your friend. Do not hesitate to use it.
    2. Re:We can get a rough idea of the overpayment by BitZtream · · Score: 1

      You mean to tell me that in your mind, the cost of a mailing 1400 form letters is more than $300.

      All 1400 letters and paper work didn't cost $300 total probably, let alone $200k. Where the hell do you send mail through? That company has to be making an absolute fortune.

      Even if it costs $0.50 per mail to send them (which it doesn't when you figure in bulk printing and mailing is far cheaper than doing it by hand), thats still only $700 to print, fold, stuff, and mail the letters.

      If 2 people pay back the money (which it would be silly to think that out of 1400 that you wouldn't get AT LEAST 2 who would pay it back), then they are already doing better than had they just let is slide.

      While I appreciate the effort you put into guesstimating the value per user, I suggest you not start your own business any time soon as you were so focused on a minor detail that you completely lost sight of the big picture, which is a pretty bad thing when running a business.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  58. Oops by mahadiga · · Score: 1

    To Microsoft:

    I think you are mistaken.
    You can claim bail package from Government and NOT from your former employees.

    Cheers,
    Mahadiga

    --
    I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
  59. It's a good advertisment... by MrKaos · · Score: 1

    For Microsoft's payroll system.

    --
    My ism, it's full of beliefs.
  60. Re:I think I am not unique in saying.... by ChinaLumberjack · · Score: 1

    I personally know six people from one of the top CS universities in the world who interned at Microsoft. And they all refuse to go back.

  61. Whatever the problem really was... by billybob_jcv · · Score: 1

    ...you can bet Accounting will blame IT.

  62. In Soviet Russia... by Zhe+Mappel · · Score: 5, Funny

    ...YOU pay Microsoft severance!

  63. Re:I think I am not unique in saying.... by timmarhy · · Score: 1

    unfortunately, not everyone can be taught. lots of people are just duds, the GFC has been great at showing most of them.

    --
    If you mod me down, I will become more powerful than you can imagine....
  64. Re:Capitalism is Ugly by Rakshasa+Taisab · · Score: 2, Insightful

    Wow... Government spending equals concentration camps?

    --
    - These characters were randomly selected.
  65. Targets of ire. . . by Fantastic+Lad · · Score: 1

    In my book, "Honor" includes defense of the weak, or at the very least, refraining from morally condemning them for the crime of being at the wrong end of the stick.

    Microsoft is a successful player in a punishing system designed to keep people over-worked and needy. People are going to starve over the next couple of years directly as a result of predatory business practices and what those practices have collectively done to the economy. Stealing from thieves is not a crime as far as I see it. It's just deserts. Because at the end of the day, the corporate behemoth cannot suffer or die. The humans that beast was supposed to serve, however, can suffer and die, and that trumps moral obligations to a paper monster. Social responsibility should be reserved for people, not heartless machines.

    But guilt and self-flagellation have been taught well to the slaves whose livelihoods depend on how high they jump when commanded.

    Is it legally right to keep an over-payment? No. But the social contract I 'signed' upon my birth is not one I have willingly agreed to. Born into bondage means, to me, an unspoken right to kill the slave master and escape whenever I get the chance, and I will certainly not feel guilty about doing that. In a system designed from the ground up to enslave the population of the planet through debt, the system as a tool of the enemy. I will never defend the enemy no matter what crimes are done to it. I will cheer.

    As it happens, the system is currently self-destructing. Good. It was inevitable. The only bad part is that people will suffer, but that too was pre-planned by those who invented fractional banking and the idea of the interest bearing Federal Reserve note. Population control was always the goal. --Hopefully whatever system replaces it will actually serve humanity. If that ever happens, then theft from the collective wealth will then truly be theft from the people, and then I might start to care and call names. But right now, the downtrodden slave is not my target of ire.

    -FL

    1. Re:Targets of ire. . . by shentino · · Score: 1

      Two wrongs don't make a right in my book either, and the whole logic of "the pot calling the kettle black" doesn't make the kettle any cleaner.

    2. Re:Targets of ire. . . by FxChiP · · Score: 1

      If I had mod points, they would all be going to you right now.

    3. Re:Targets of ire. . . by BitZtream · · Score: 1

      People are going to starve over the next couple of years directly as a result of predatory business practices and what those practices have collectively done to the economy.

      No, people are going to starve because they made stupid decisions in life that resulted in them having no money. No one getting laid off from Microsoft is 'hurting' unless they did it to themselves by living well beyond their means and not saving for this sort of event. Jesus, people now days blame EVERYONE except for themselves for the stupid shit you get yourself into.

      Why do you think grandma who lived during the depression has a nice hefty savings account? They learned their lesson. Now, you will to.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    4. Re:Targets of ire. . . by Fantastic+Lad · · Score: 1

      No, people are going to starve because they made stupid decisions in life that resulted in them having no money.

      Ah, see there now there's your problem right there.

      You're making the same assumption that many unimaginative conservative people do.

      You seem to believe that money will still exist by the end of the year. How have you prepared for that?

      -FL

  66. Re:I think I am not unique in saying.... by AuMatar · · Score: 1

    My job before Amazon (HP) actually told managers that they couldn't give anyone references for anything- including grad school. Although I'm quite sure any halfway decent manager ignored them.

    Its quite possible with that waiver they'll also provide performance reviews and other information. Or not, I don't know. I did sign the waiver, so I guess I could call them myself and see if they'll tell me anything, but I'm not quite curious enough.

    I agree that its all a game though- you don't even need the number of a former manager. Use a former coworker. Or a friend or family member and have them lie. Unless the reference is mutual it doesn't mean jack. But the business world is too big for you to luck into someone you know mutually most of the time, so you get the game instead.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  67. Prove it in a court of law by freedom_india · · Score: 4, Insightful

    Prove it!
    Let Microsoft prove it in a court of law that it overpaid them.
    Just because a BIG corporate demands money from you doesn't mean you have to bend over.
    If i claim Microsoft wasted my money due to faults in its XP, would Microsoft bend over and pay me? NO
    They will regretfully inform me of their inability to pay and thank me for my comments.
    So, i have to sue them.
    Similarly, each such employee should send a simple regret letter expressing their deep regret at microsoft and stating clearly their personal policies prevent them from paying. Neither confirm nor deny you owe them money. State POLICY.
    Simple.
    Microsoft will spend 10x times the money on lawyers to recover the money from you.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
    1. Re:Prove it in a court of law by houghi · · Score: 1

      As there is NO information, it is hardly worth the trouble. In Belgium I get underpayed and over payed almost all the time, although the amounts are small. This is due to several errors that are simply rectified.

      No need to go 'lawsuit' on each and every thing. e.g. if my paycheck says 1.000 and my bank says 1.100, I will have to pay back the 100. If mt paycheck says 900 and my contract says 1.000, they will owe me 100.

      Not rocket science, no need for lawsuits. Sure I could go to court each and every month.
      Severance payment are not different. They are just a payment, although much larger and normally the last one you receive.

      This stuff happens all the time, regardless of how well intended your (ex-)employer is. And if you do not come to an agreement, you can go to court. There is a special court in Belgium for disputes between employee and employer. They will look at the paperwork and will very fast decide what the legal amount is. Even if you and the employer have a contract saying 900 and the legal minimum is 1000, then that is what needs to be payed.

      SIt all depends on the what and how and why.

      --
      Don't fight for your country, if your country does not fight for you.
    2. Re:Prove it in a court of law by freedom_india · · Score: 1

      Wrong. On so many counts.
      1) You hire a lawyer ONLY if MS sues you in your city (which you specify in your letter). You can also defend yourself in courts.
      2) If MS is able to prove you owe them money via accounts, judgement is not default. You have the right to question each and every witness or proof they provide. This will take sufficient time for them, especially if you are unemployed.
      3) if MS is able to prevail, the judge orders you to pay up. Legal costs are borne by each party, unless MS appeals separately for it. Judges usually frown upon large corporates demanding legal costs from unemployed people.
      4) If you win, you don't have to pay, plus you can ask the judge to award legal costs for the trouble you went through. Usually you prevail, but even if you don't, WTF, you got away not paying something to Microsoft

      Why are you SO afraid of large corporates? Are they demons? will they eat you alive?
      Wake up and grow a pair...today they send you a letter demanding repayment, tomorrow they send you a notice to pay up extra fees for using IE and MSN or disconnect you, will you obey?

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    3. Re:Prove it in a court of law by freedom_india · · Score: 1

      Am not saying you go to court every month.
      Am referring to specific termination payment demanded by Microsoft.
      Belgium is different. US is a different ball game.

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    4. Re:Prove it in a court of law by recoiledsnake · · Score: 1

      Prove it! Let Microsoft prove it in a court of law that it overpaid them. Just because a BIG corporate demands money from you doesn't mean you have to bend over. If i claim Microsoft wasted my money due to faults in its XP, would Microsoft bend over and pay me? NO They will regretfully inform me of their inability to pay and thank me for my comments. So, i have to sue them. Similarly, each such employee should send a simple regret letter expressing their deep regret at microsoft and stating clearly their personal policies prevent them from paying. Neither confirm nor deny you owe them money. State POLICY. Simple. Microsoft will spend 10x times the money on lawyers to recover the money from you.

      Would you send a cheque to Microsoft if using Microsoft's software helped you get a million dollar contract? If a big company owes you money, would you rather have them pay or would you like to sue them?

      --
      This space for rent.
    5. Re:Prove it in a court of law by freedom_india · · Score: 1

      Why?
      Because you can't find a proper response, you resort to insults, coward?

      --
      "Doing what i can, with what i have." ~ Burt Gummer
    6. Re:Prove it in a court of law by BitZtream · · Score: 1

      You fail to understand the difference between being upset at a product that doesn't work as you've expected versus what any court would consider outright theft.

      I seriously doubt MS flat out lied to you about how XP would perform. It WAS their most secure OS to date, it was their best OS to date (I know thats arguable, but another story). They really didn't misrepresent XP at any given point in time. Now, they certainly fed everyone a bunch of bullshit marketing speak that most sane people would consider to be a lie, but its not, they just only tell you about the good stuff. They never said it wouldn't crash, just that it was the most stable they've ever made. They never said it was 'the fastest' OS they've made, they say it will make YOU work fastest. This is certainly deceptive and wrong, but not illegal in the slightest, its even got a name. Marketing.

      They can send in letters like you suggest all day long. I can send you a letter to you something to the effect of 'I'm sorry that you are unhappy and think I killed your grandmother and ate your wife, but I am unable to go to jail now because I don't want to.' To which, I would probably end up in jail fairly (assuming I did it of course) quickly.

      They won't spend any money on lawyers, at all.

      They'll either file criminal charges if they want to be assholes or if the amount is large enough in which case you will pay to put yourself in jail (because the taxes you paid are paying for the police, judge and all the rest of the court system), or they simply report it to the credit agencies. Either way, you are going to be worse off than if you just pay it back probably.

      But hey, what do I know, you go ahead and try to scam the best scammers on the planet, I'm sure you can be the one who beats them with your nifty idea thats been done a hundred thousand times before you. Its always good that people try the same crap thats been tried before and we'll all giggle and laugh when you post your cool letter online. Some people will laugh because they think you stuck it to MS, the rest of us will laugh at you for having the audacity to think you were doing something special and were going to win.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  68. Re:I think I am not unique in saying.... by phantomfive · · Score: 1

    Nope, anyone can be taught, and I have the studies to prove it. They have to want it though, if they don't want to learn, of course they won't be able to. GFC just means if someone wants to be an idiot, they can be that, too.

    --
    Qxe4
  69. They don't treat INTERNS as cogs by melted · · Score: 2, Insightful

    There's a difference. As an intern, you responsibilites end at the end of your internship. So no one is cracking the whip over your head or forces you to come to work on Saturday (otherwise you won't want to join after you graduate). Once you become an FTE (full-time employee) all of that will change. For one, there will be "stack ranking" where you're ranked against your peers according to the perception that management has of you. If you don't pay attention to "visibility" -- you won't get promoted, no matter how much of a genius you are. You will learn this in about a year or two. Another killer thing is that nowhere does the TEAM performance come into the equation. You're competing solely with your peers for a fixed size pie. The problem with this is that someone has to get a shitty review score in order for someone else to get a good review score. If all members of your team are good, you may have to whore yourself to the management in order to get promoted. But that won't be easy either, because your team members are not stupid, and they're doing the same thing.

    This is how FTEs are forced into overtime, ridiculous schedules, and other unreasonable demands. Needless to say, this shit doesn't work on interns, since they couldn't care less if they get a promo.

    After about 2 or 3 years there I figured things out and started acting accordingly. I maintained a reasonable, albeit not outstanding, promotion velocity while flat out refusing to work weekends and overtime (except in the final stretch of the shipping cycle). I did good work, I kept my manager (and skip-level manager) informed, and I set the expectations beforehand with each new team I moved to.

    That said, the endless fucking performance review cycle did me in and I decided to go somewhere where I'd be actually focused on my job, not on keeping everyone informed.

    I did learn a TON, though, both about software engineering and about corporate life (or, shall we say, warfare). I can't recommend Microsoft highly enough for someone who's just out of college, if only for 2 or 3 years.

    Don't make a mistake of staying longer. The compensation system is engineered in such a way that you really start liking the numbers in your paycheck at around 3 or 4 year mark. Stash away some cash and move on.

  70. Re:You gotta love Microsoft by pembo13 · · Score: 1

    No idea. I thought Microsoft was a public company mandated to create profit.

    --
    "Thanks for all the money you paid to us. We've used it to buy off ISO among other things" -Microsoft
  71. Re:Technically they are right by freedom_india · · Score: 1

    Bad PR?? Lack of morals???
    hey, we are talking about Microsoft here!

    Template of a sample Letter to be sent to Microsoft:
    Sir:
    Sub: Refund of "overpayments" supposedly made by Microsoft, Corp to XYZ bearing SSN 000-00-0000
    This refers to your letter dated xxx-nn-yyyy bearing reference number: bbbb/nnn stating that you have "overpaid" me an amount of $nnnn and demanding a refund of this excess amount.
    I regret to inform you that my policy prevents me from discussing this further until you agree to my following contract conditions:
    1) My "record retrieval fee" is $100 for every hour i spend on retrieving my records pertaining to this supposed "overpayment" as you claim.
    2) My "billing fee" is $250 per hour for the time i spend on handling this supposed "overpayment" case. This includes waiting time for you to receive this letter sent via First class Post, and to receive a written, signed response from you. This excludes all taxes, surcharges and other charges including but not limited to telephone charges, postal charges, fax charges, stationary supplies, medicare and others i may deem necessary.
    3) All legal disputes arising out of this and subsequent related disputes may be pursued only in the County court of Keene, NH
    4) This does not construe a legal contract and the terms & conditions specified herewith may be changed by me without notice to you at any time.
    If you agree to above specified terms & conditions, kindly send across a signed contract signifying your acceptance along with a payment to the tune of advance 8 hours of work.
    If you fail to respond within 48 hours of receipt of this letter, i shall assume that your query has been answered to your satisfaction and no further communication or correspondence shall be entertained.
    If you refuse to accept these terms & conditions, kindly signify the same in a signed, written letter stating your response clearly and legibly in English.
    Your refusal to accept these terms & conditions shall in no way mean i have accepted your demand, nor shall your acceptance of terms & conditions mean i have accepted your demand to pay.
    In the absence of your refusal to accept these terms & conditions, i regret to say my personal policy prevents me from taking any action on your demand.
    Thanks
    XYZ

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  72. Re:Technically they are right by freedom_india · · Score: 1

    Nope.
    People may pay back all the time. Corporates don't pay back. If an employee disputes a settlement and demands the correct amount, a corporate WILL NOT pay.
    It will just sit on the letter, and send back a regret response, leaving this poor guy with no recourse but to sue them.
    Same should be applied here by employees.
    Just because a LARGE corporate demands money from them, they should not poney up.
    After all, legally, it makes no sense, and in a way amounts to RICO charges.
    If i were such an employee, i would sit tight and send a regret letter informing them of my policy that prevents me from paying without substantial proof.
    I will also let them know that by opening my letter they have agreed to sue me if necessary ONLY in my home town's county court.

    --
    "Doing what i can, with what i have." ~ Burt Gummer
  73. From one PR blunder to another by tomhudson · · Score: 1

    The rot sets in from the top. Any other company, with this many blunders, the CEO would be invited to fall on his sword, or step down to "spend more time with their family."

    People are insecure enough at their jobs already; telling everyone that there will be another round, with double the head loss, sends the "work even harder and maybe you'll be safe ... for now" message. Not "we've made some hard decisions, lost some good people, those of us who are left have a job building the future of our business."

    You don't get good work out of a demoralized, insecure workforce who are spending more time worrying about their resumes and performance reviews than actually producing value. Worse, people will hunker down and "not make waves" - for example, pointing out flaws that need to be fixed in processes - for fear of getting the "not a team player" black mark.

    Balmer's office has to be ReZuned. Going forward, Microsoft would have been better off if the DoJ *had* split them into 3 or more companies. It's not like they would have to keep what's left of the former Entertainment Division alive. The XBox continues to bleed money (price cuts to move units, billion-dollar warranty recalls), while Nintendo continues to sell Wiis at their original price point.

    Rumour has it that the 360 is the last Microsoft game console. The Wii still has lots of life in its' current incarnation, and the next gens' upgrade path is rather obvious - hi-def output (it's currently POTV - plain old TV). The 360 is already at 720p minimum for all games, so there's no "headroom" to grow a new "wow - this is NEW" factor.

  74. My former company is bigger than MS. by jotaeleemeese · · Score: 1

    I got my redundancy payment and other such formalities done and dusted one week after I left.

    --
    IANAL but write like a drunk one.
  75. Where do you learn this bullshit? by jotaeleemeese · · Score: 1

    Corporations have a legal obligation to make a profit. They do not have a legal obligation to do the right thing.

    Where, please pray tell, is this so?

    Companies face a barrage of legal requirements (the right things to do) which they are *legally obliged* to obey.

    It is the damned law for grace sakes...

    --
    IANAL but write like a drunk one.
    1. Re:Where do you learn this bullshit? by Ashriel · · Score: 1

      I've been corrected by Belial6, who offers a far better terminology - fiduciary responsibility. You can read his comment for a better explanation.

      The sad fact is, "fiduciary responsibility" has been taken to mean "obligation to show profit". I've spoken with major shareholders and corporate administrators on several occasions, and when I mention "legal obligation to show profit", I get a lot of head nods and "yes, that true".

      Whether or not a corporation has a literal legal obligation to profit, almost everyone at the top now assumes that this is indeed the case. Just in the same way that while there is no actual judicial precedent showing that a corporation is indeed a person, enough attempts to do so have succeeded in court for the wrong reasons that it is now considered a legal precedent even though it is not.

      Companies face a barrage of legal requirements (the right things to do) which they are *legally obliged* to obey.

      Corporations face a set of piecemeal legislation that address specific political and public concerns or lobby interests without any over-arcing philosophy. Moreover, since the worst scenario a corporate entity faces is a stiff fine (the sole exception being a breach of fiduciary trust), following legal guidelines becomes optional - large (and small - I've worked for highly illegal private corporations in the past) corporations have a history of breaking the law whenever it can be found to be substantially profitable.

      A reform is needed here - corporations were originally constructed "for the public good", and publicly elected oversight is a good place to start (and I don't mean the federal and state governments - I mean local committees formed at each and every installation the corporation has).

  76. I don't know how it is with MS... by jotaeleemeese · · Score: 1

    ... but most companies I know about have a strict policy of not hiring people that have worked there before.

    --
    IANAL but write like a drunk one.
  77. For anyone in Britain by Chrisq · · Score: 1

    Just think "Child Tax Credits".

  78. Re:fsck them by DanJ_UK · · Score: 1

    When I read that title I momentarily envisaged Microsoft employees as dead hard drives.

    --
    - Dan
  79. Re:Technically they are right by nurb432 · · Score: 1

    If there was a contract, i agree it has to be repaid. But if no contact, Microsoft ( or any company ) can lump it.

    --
    ---- Booth was a patriot ----
  80. ...As do by toby · · Score: 2, Insightful

    About 90% of the (Anonymous) commenters at MiniMSFT. - The notorious bitchy insider blog.

    As expected in a company that size, at the lower levels one is expendable, and any higher up one's energy is entirely consumed with political survival.

    This may help explain the quality of the product, management and strategy that we have been seeing for the last few years...

    --
    you had me at #!
  81. Re:I think I am not unique in saying.... by that+IT+girl · · Score: 1

    Wow. Where do you work? I need a job like that.

    --
    10 FILL MUG WITH COFFEE
    20 DRINK COFFEE
    30 GOTO 10
  82. Gunk in the machine. . . by Fantastic+Lad · · Score: 1

    Two wrongs don't make a right in my book either, and the whole logic of "the pot calling the kettle black" doesn't make the kettle any cleaner.

    Do you "Turn the other cheek" and "Forgive and forget" as well?

    Mind programming comes in all kinds of easily consumed sound-bitten little packages. Predators love people who roll over so nicely. It might be wise to re-think a few things before you end up being somebody's dinner. --You've already got the chops; we need more people who prize honor and courage, but unless one strips away the gunk on the machine, then even people with the potential for good remain part of the problem.

    -FL

  83. Re:I think I am not unique in saying.... by phorm · · Score: 1

    IANAL, but I believe that regardless of the letter though, they're not allowed to lie in giving a reference.

    I wouldn't test things if you *knew* you were let go because you pissed up somebody in upper-admin, but if they told your inquiring employer-possible that you slept on the job, sexually harassed your co-workers, showed up drunk, and and etc etc (and it wasn't true), they'd still be on the line for slander.

  84. I don't know about that by phorm · · Score: 1

    You hear a fair bit about the bad PR here, and to be fair I definitely heard a lot of badmouthing vista even among the non-IT crowd, but I still hear a lot of positive things just based on the size of the company etc.

    Adding to that, and there's been a lot of good spin around Windows 7 these days, so it seems that their image is improving in that regard. Not many people remember ME, after all.

  85. Re:I think I am not unique in saying.... by lgw · · Score: 1

    Yup, they call. Not every company, of course, but more often than not. Of course, you don't expect to hear anything useful, and I wonder what purpose it serves, but management acts like it's more than a background check.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  86. Re:I think I am not unique in saying.... by lgw · · Score: 1

    My industry is actually pretty small - I've been surprised how few degrees of seperation I have from other random senior people, especially since I didn't spend my whole career in Silly Valley. Usually we have multiple common acquaintances.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  87. They can have my refund by cenc · · Score: 1

    As a windows license victim forced to buy windows licenses, and never able to obtain my legal refund for the unused product I here by relinquish the money owed to me by Microsoft to the former employees.

  88. Re:I think I am not unique in saying.... by mcgrew · · Score: 1

    But no one ever said they treated their employee's evilly.

    If you write in C like you write in English, no wonder Microsoft's products are so buggy!

  89. Direct Deposit can be reversed by patmandu · · Score: 1

    ...and if the payment was given to the (ex) employee via direct deposit, MS can very easily retract the deposit, and then issue a second one in the 'correct' amount. Or not. Overdraft after the retraction? Sorry, not our problem. That's part of the fine print of the direct deposit agreement. They can effectively make withdrawals too...

    BTDT. I had a final paycheck retracted after they decided to re-calculate my vacation day balance and needed to subtract a day. Caused all sorts of havoc.

  90. Re:I think I am not unique in saying.... by AuMatar · · Score: 1

    Perhaps, if you only want jobs in one small subsector. Or if you have a very specialized degree like aeronautical engineering (there's only so many places that make planes and plane parts). It's a pretty wide field out there for other degrees like CS or CompE- my last 3 jobs have been printer firmware, back end ecommerce web services, and mobile phone software. Not quite planning on leaving yet, but when I do my next job will have no relationship to any of those. It'd be boring doing the same thing for all of my life.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  91. Re:I think I am not unique in saying.... by lgw · · Score: 1

    I've found that moving around like that makes it too hard to get jobs above the "senior dev" level. For manager/team lead jobs companies seem to prefer those with many years domain experience, and above that level they insist on it. I've worked on a wide variety of products, but always as the expert in my problem domain.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  92. Re:I think I am not unique in saying.... by AuMatar · · Score: 1

    I wouldn't take a manager job if you paid me (ok, I would, if it was 7 figures. Not for 6. Basically enough so I could retire in 2-3 years of it). I'd be utterly miserable. I'm a good dev and I enjoy development, you don't make enough extra money to put up with the politics and bullshit of a management job. But yes, if you want to climb the corporate ladder like that I could see it being useful. I'm just not sure how you can deal with the double boredom there- dealing with the same stuff for the next 30 years, plus the endless meetings and bullshit of management.

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    I still have more fans than freaks. WTF is wrong with you people?
  93. It's our turn now! by microbee · · Score: 1

    It's always been the case Microsoft is asked for a refund. Look who is laughing now!

  94. Way to go! by Locke2005 · · Score: 1

    Now Microsoft is admitting their mistake and telling the workers they don't need to return the overpayment. Great way to handle this situation -- you don't recover the money you mistakenly overpaid, plus you still manage to shoot yourselves in the foot in public relations! I think MS needs to lay off a few more people -- namely those who screwed up the severance pay in the first place, plus those who made the Custer decision to ask for the overpayments back!

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    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  95. Re:Technically they are right by Shados · · Score: 1

    We have definitely different experiences here. I worked for 11 different companies in the last decade, and many of them made mistakes, and aside for one shitty 1 man consulting firm ran in a basement, I was always paid back pronto, and usually, before I even noticed the mistake. Large corporations never failed in that regard.

  96. Re:I think I am not unique in saying.... by lgw · · Score: 1

    This is why I do the technical track, not the management track. I've managed groups before, and it was indeed dull (and quite time consuming). The politics and bullshit doesn't bother me much (all it takes is realizing that the success of your career is only loosly coupled with making your current management happy), but I really don't like project management. Fortunately, even smaller companies in Silly Valley have a technical track for developers these days.

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    Socialism: a lie told by totalitarians and believed by fools.