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Seagate To Pay Former Worker $1.9M For Phantom Job

Lucas123 writes "The jury in a Minnesota-based wrongful employment case delivered a verdict ordering disk-drive manufacturer Seagate to pay $1.9 million to a former employee who uprooted his family and career at Texas Instruments in Dallas to move to Minnesota for a job that did not exist. The man was supposed to be developing solid state drive technology for Seagate but was laid off months later. 'The reason that was given is that he was hired to be a yield engineer but the project never came to fruition,' the former employee's attorney said. 'They didn't care what effect it had on his career.'"

354 comments

  1. rimshot by The+Clockwork+Troll · · Score: 5, Funny

    So you're saying Seagate's HR department doesn't have good TRIM support?

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    There are no karma whores, only moderation johns
    1. Re:rimshot by Meski · · Score: 1

      Seagate use TRIM?

    2. Re:rimshot by Phopojijo · · Score: 1

      Nah, that was the project his team was supposed to spearhead.

  2. Judgment warranted by Anonymous Coward · · Score: 0

    I love how the tech industry somehow thinks they can get away with this kind of BS. Ridiculous.

    1. Re:Judgment warranted by Anonymous Coward · · Score: 0
    2. Re:Judgment warranted by Anonymous Coward · · Score: 0

      No no no, it's so ridiculous it's diculous all over again! Hence, re-diculous.

    3. Re:Judgment warranted by Anonymous Coward · · Score: 0

      'They didn't care what effect it had on his career.'"

      They also don't care about a piddly $1.9mil judgment.

    4. Re:Judgment warranted by Oldstench · · Score: 1

      *You're*. FTFY.

    5. Re:Judgment warranted by Anonymous Coward · · Score: 2, Interesting

      Has anyone really been far even as decided to use even go want to do look more like?

    6. Re:Judgment warranted by Anonymous Coward · · Score: 0

      Wrong. Same AC here. My iPad says it's Rediculous. So your wrong.

      No, sir, I believe this wrong belongs to you.

    7. Re:Judgment warranted by Anonymous Coward · · Score: 0
    8. Re:Judgment warranted by MightyMartian · · Score: 4, Insightful

      Which is why judgements should be a percentage of gross profits, with each consecutive conviction for the same offense increasing that by 5% until the company is wiped out and its shareholders suffer massive losses.

      Then they'd listen. Or move to China where you can practically grind your employees into hamburger and everybody cheers how you brought the bottom line up.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    9. Re:Judgment warranted by Mitchell314 · · Score: 1

      You're thinking of bluediculous.

      --
      I read TFA and all I got was this lousy cookie
    10. Re:Judgment warranted by Anonymous Coward · · Score: 0

      No, it's just that sometimes diculousing once isn't enough and you have to do it again.

    11. Re:Judgment warranted by Anonymous Coward · · Score: 0

      Is that when you get blue balls for too long?

    12. Re:Judgment warranted by Anonymous Coward · · Score: 0

      Has anyone really been far even as decided to use even go want to do look more like?

      WTF...speak English

    13. Re:Judgment warranted by Darinbob · · Score: 1

      Except that in China they periodically execute corrupt officials or business owners that managed to get caught. That is, those who danced just a little too close to the edge.

    14. Re:Judgment warranted by Anonymous Coward · · Score: 0

      Sadly it's unlikely that they'd be convicted for the *same* offense.

      I'd hope that juries (or judges) are already able to somewhat increase penalties if the lawyers introduce evidence that the defendant has a track record of such activity.

    15. Re:Judgment warranted by snookerhog · · Score: 1

      I think they usually "commit suicide"

    16. Re:Judgment warranted by Anonymous Coward · · Score: 0

      Oh come on, you know the Republicans would never let that happen.

    17. Re:Judgment warranted by AK+Marc · · Score: 1

      In China, *every* official and business owner is corrupt. They only execute the ones that bring bad press to China or the government thereof.

      And no, that's not racism or xenophobia or such. The laws there simply make the most common business practices (gifts to everyone and such) illegal so they can execute anyone they want at any time. They just save it for lead paint in toys or such.

  3. Liability by mirix · · Score: 2, Interesting

    Neato. I'm curious to what extent they're liable though. Naturally if he just moves and is canned, there should be some liability, although rarely honoured, rough deal...

    but.. 3 months, 6? a year?

    If you move and work at a company two years, and they make you redundant... can you get some sort of pro-rated settlement on the 20 year career you were planning on having there?

    --
    Sent from my PDP-11
    1. Re:Liability by Anonymous Coward · · Score: 2, Interesting

      Without the details of the employment contract, there isn't much to go off as far as a legal ruling.

      The question however, is whether this kind of behavior should be allowed, even if the gentleman involved was foolish enough to move his family without a legitimate contract. Public Policy issue as we cant determine this particular claim on the merits. Clearly the court thought there was some fraud/malicious intent/negligence on the part of Seagate, although this kind of dispute is generally in a separate class of tort action.

    2. Re:Liability by cappp · · Score: 3, Insightful

      I've posted the link to the relevent law a couple of comments down but it would seem that the most important issue was one of fraud. SeaGate in effect lured him into Minnesota with promises of a job that didn't exist and he suffered the financial repercussions. His eventual firing wasn't at issue, but rather that SeaGate seemed to have hired him away from a decent job so as to put him in a placeholder position as a means of drumming up a little business - they weren't hiring him in good faith.

    3. Re:Liability by Zero__Kelvin · · Score: 5, Funny

      ""Neato. I'm curious to what extent they're liable though."

      I'm going to guess somewhere in the 1.9 Million dollar range, but who can say for sure?

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    4. Re:Liability by fiannaFailMan · · Score: 4, Informative

      From TFA:

      The basis for the case is a Minnesota statute that makes it illegal to induce "any person to change from any place in any state, territory or country to any place in this state to work in any branch of labor through or by means of knowingly false representations."

      --
      Drill baby drill - on Mars
    5. Re:Liability by GGardner · · Score: 1

      I am so not a lawyer, but TFA claims the basis for the case is a Minnesota state statute, but the case was argued in federal court. How does that work?

    6. Re:Liability by WizardOfFoo · · Score: 1

      More likely than not, federal diversity jurisdiction. Happens if you have none of the plaintiffs in the same state as any of the defendants and the amount in controversy is > $75,000. Also can happen if you have a federal claim and a state law claim (involving the same set of facts and circumstances) comes along for the ride under supplemental jurisdiction.

    7. Re:Liability by Anonymous Coward · · Score: 0

      I am so not a lawyer, but TFA claims the basis for the case is a Minnesota state statute, but the case was argued in federal court. How does that work?

      My first thought would be diversity jurisdiction. When the amount in controversy is more than $75,000 and parties from different States are involved, the matter can be heard in federal court.

    8. Re:Liability by Oxford_Comma_Lover · · Score: 1

      > TFA claims the basis for the case is a Minnesota state statute, but the case was argued in federal court. How does that work?

      Those cases where diversity jurisdiction applies can also usually be argued in state court. Which court the case is in isn't supposed to make any substantive difference (i.e. you still use the state's laws), but it makes both procedural and political differences that can be substantial. (The politics varies.)

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    9. Re:Liability by Kinky+Bass+Junk · · Score: 1

      It would take some kind of person with experience and skills in judgement. Does such a career exist?

      --
      Anonymous Coward
    10. Re:Liability by Zero__Kelvin · · Score: 1

      I have heard that there is such a job, and from what I understand your judgment doesn't even have to be all that good!

      --
      Guns don't kill people; Physics kills people! - John Lithgow as Dick Solomon on Third Rock From The Sun
    11. Re:Liability by Anonymous Coward · · Score: 0

      Maybe the Federal Court has jurisdiction by Diversity. This would be the case, for instance, if the guy moved back out of state before filing suit. Or alternatively, maybe his former employer is actually incorporated in Delaware, and not Minnesota, which is a common practice.

    12. Re:Liability by Loadmaster · · Score: 5, Informative

      It's the Erie Doctrine. Basically, Federal court applies the laws of the state.

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

    13. Re:Liability by hedwards · · Score: 1

      It's something the employers do and they have to be really careful about it. I remember accepting a job offer which required me to drop a quarter at college. I went to the job training that I'd agreed to and found myself interviewing for the job I'd already offered. Apparently the general manager at that location wasn't authorized to hire me but one of his subordinates was.

      It wasn't really worth my time to actually sue over it, but it was a serious pain in the ass. And definitely illegal, you can't rescind a job offer you've given and you definitely can't hire somebody for a job which doesn't exist and expect to get away with it.

    14. Re:Liability by hedwards · · Score: 5, Insightful

      $1.9m? It's not like they did something serious like share MP3s online.

    15. Re:Liability by Anonymous Coward · · Score: 0

      Federal courts can apply state law when their jurisdiction is based on diversity (plaintiff sues only on a state law matter, but lives in a different state than defendant and matter is worth a high dollar amount) or supplemental (plaintiff sues on federal law, but also throws in state law claim as well) jurisdiction.

    16. Re:Liability by Eskarel · · Score: 1

      A lot of this probably comes down to the details of the contract, but I think mostly the issue is that the job never actually existed. It's one thing to terminate someone, or to eliminate a position after the fact, but this is a pretty clear cut breach of contract. If sign a contract with you to mow my lawn weekly for $X a week and then I decide to terminate the agreement because I don't like the way you're cutting it or I can't afford to have someone do that job anymore or I've sold my house, then I would fall back on the terms of the contract. If however you rock up to the address I specified and there's no lawn to mow or it's not actually my property you're probably talking about fraud.

    17. Re:Liability by Anonymous Coward · · Score: 0

      Federal courts apply the law of the state where they are located.

    18. Re:Liability by Dutchmaan · · Score: 1

      can you get some sort of pro-rated settlement on the 20 year career you were planning on having there?

      Isn't that how the **AA's handles filesharing profit claims? If companies can pull that kind of crap on average citizens then by all means, rape companies for every penny you can get if you have the chance. Now I know the **AA's are not representative of every company, but if you can take a large company to the cleaners. DO IT, after all.. you're just looking out for your own bottom line.. just like they are.

    19. Re:Liability by quadrox · · Score: 0, Redundant

      wow - wish I had modpoints. This really shows how insanse some things are. Oh well.

    20. Re:Liability by Anonymous Coward · · Score: 0

      You get into federal court if there's at least one aspect of the case that needs a federal judge.

      Federal judges are just fine with applying state law - they often have to apply multiple (conflicting) state laws from multiple states.

    21. Re:Liability by retchdog · · Score: 1

      I think you just prompted a slashdot-record number of informative, nearly identical replies.

      --
      "They were pure niggers." – Noam Chomsky
    22. Re:Liability by jimicus · · Score: 3, Interesting

      The difference here is, that man was highly qualified and working in a field where I don't imagine you can drum up employment simply by wandering from house to house asking if anyone needs their lawn mowing.

      He now has a CV (okay, resume, seeing as he's in the US) which shows he moved for this job and was promptly made redundant. Now, for a lot of HR people that's going to be a red flag - and they'll use it to disqualify him from future jobs.

      I'm not sure that's sufficient grounds to argue that Seagate have effectively ended his career - I've never yet got a job through the formal HR process - but I'm not familiar with his field. Clearly Mr. Vaidyanathan thinks it is, and has managed to find a lawyer who can persuade a jury likewise.

    23. Re:Liability by jd2112 · · Score: 1

      What they did was almost as bad, they went through airport security without letting a TSA goon touch their junk.

      --
      Any insufficiently advanced magic is indistinguishable from technology.
    24. Re:Liability by Eskarel · · Score: 1

      The difference here is that enticing someone to move for a job which doesn't exist is fraud in Minnesota. The damage to his career is just why punitive damages are so high.

    25. Re:Liability by Zeinfeld · · Score: 1

      I think Segate should be held liable but the amount is highly suspect. If the skills are in demand he is going to be able to find employment after a one year break without difficulty. Women take one year career breaks and longer all the time. The problem might well have been that TI are not willing to take him back if he might leave and take proprietary knowledge with him. But that amount might have inluded punitive damages. We dont know what the evidence was in court.

      --
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    26. Re:Liability by Anonymous Coward · · Score: 0

      Yea... 6 or 7 MP3s. >_>

    27. Re:Liability by tompaulco · · Score: 1

      you can't rescind a job offer you've given
      Sure you can. It has happened to several people I know. In one case a person moved from Singapore to the United States for a promised job that was rescinded due to the nepotism policy.I know of two other husband and wife couples currently working at that company.
      In another case at another company, the person actually worked under contract for about a month, and then was told that they couldn't work there because of the nepotism policy and they did not pay her for the contracted work. The nepotism policy does not apply to contractors. Her husband worked at the company as an employee. The son of the person who told her she couldn't work there because of the nepotism policy works there, and is the best argument for a nepotism policy that I have ever seen. Five people there currently or in the past have had their offspring working there, and at least one has had a spouse working there.

      --
      If you are not allowed to question your government then the government has answered your question.
    28. Re:Liability by Coren22 · · Score: 1

      According to TFA, in the line of work he is in, the one year break meant he was behind in knowledge and unable to do the job anymore. The silicon industry moves very quickly, and you can become behind quickly I suppose.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    29. Re:Liability by uninformedLuddite · · Score: 1

      Was it really sent from your PDP-11? Hope it's a 23

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    30. Re:Liability by uninformedLuddite · · Score: 1

      Women take one year career breaks and longer all the time.

      Men don't have a uterus so can't as easily claim discrimination due to their gender. Mod me down already.

      --
      The new right fascists are bilingual. They speak English and Bullshit.
    31. Re:Liability by mabhatter654 · · Score: 1

      The article makes it clear he was a very highly placed engineer, probably "Sr. something" or "Chief something". Essentially they hired a MANUFACTURING engineer when the product wasn't ready for the assembly line to be set up... from the sound of the article, they NEVER set up the line and left him pushing a desk for over a YEAR, not doing his profession. Then he found out they only hired him because they were looking for partners to come up with the rest of the money to START the project.

      Given his status this is probably no more than a few years wages. Not to mention having tanked his career as he's not worth that wage now, AND he gave up his home in a major city, probably at a big loss considering the market.

  4. Just shows how far HR is from people doing the rea by Joe+The+Dragon · · Score: 4, Insightful

    Just shows how far HR is from people doing the real work.

    And that's why you see stuff like need 5 years for low level jobs as well as the need B.S / PHD for lot's of tech jobs that don't need one.

  5. Too Much by cob666 · · Score: 1

    While I do agree that this really sucks I'm not sure it's worth almost 2 Million dollars. He might have done a bit more research on the new job or perhaps worked for a few months BEFORE uprooting his entire family (which is most likely what I would have done in a similar situation). I think that 6 or maybe even 12 months severance should suffice in this situation. The guy actually got paid for 9 months to do his job so it sounds to me like there was a job, it just didn't last as long as the guy had hoped it would.

    --
    Do what thou wilt shall be the whole of the Law - Aleister Crowley
    1. Re:Too Much by Charliemopps · · Score: 5, Informative

      They broke Minnesota law by lying to him. The job did not really exist, simple as that. The verdict was for Punitive Damages "compensation in excess of actual damages - a form of punishment awarded in cases of malicious or willful misconduct" not Liability damages "compensation for actual damages"

    2. Re:Too Much by OhPlz · · Score: 4, Insightful

      What do you think his chances for future employment are? Any employer is going to Google him and discover that this happened. Granted he won the case on the merits, but if a company has a choice between a candidate that hasn't ever sued an employer and one who has, who do you think they'll choose?

    3. Re:Too Much by MoonBuggy · · Score: 2, Insightful

      I always thought that paying punitive damages to the plaintiff was just asking for the system to be abused. I'm not saying that's the case here, but in general surely we'd see a fraction of the number of frivolous claims if they weren't a potential ticket to lifelong financial security.

      Sure, the guy should be compensated for travel, lost earnings, and general disruption to his life, but those are all direct (although not necessarily tangible) consequences of the claim. Equally, it makes sense to fine the company an amount that discourages them from repeating the action. Problem is, for an amount to have any effect at all on a company, it'll be large enough to be life changing for a normal person. Give the actual damages to the plaintiff, and use the punitive damages to pay for public services.

    4. Re:Too Much by Anonymous Coward · · Score: 2, Insightful

      Pretty low, and this is what makes the $2mil payment just.

    5. Re:Too Much by e9th · · Score: 5, Insightful

      That may be why he started his own company and now earns "a fraction of the income he earned as a yield engineer," according to TFA.

    6. Re:Too Much by Billly+Gates · · Score: 2, Insightful

      1. If the person goes bankrupt he or she can not work again due to a bad credit score. This amounts to 7 years or more before it is erased. Also he or she would be forced to take jobs well under his or her ability like at a McDonalds due to Seagates bad faith.
      2. This is punitive and compensatory. Otherwise Seagate will continue to do this and just make it the cost of business. This will scare it and other employers in the future of making such false promises.

      Sounds 2 million is quite fair and cheap. Many punitive suites are 10x as much. As much as we hate lawyers and those who get rich by not working they do make their job as 2 million will make upper management blink and change their hiring policies.

    7. Re:Too Much by md65536 · · Score: 2, Insightful

      I'd be willing to not do a job that doesn't exist, for well under one million dollars.

      A lot of people will even work at jobs that do exist (the worst kind, in my opinion) for 50 years and not make $1.9M.

      The sad thing is that most people who get laid off probably do not get compensation equalling actual damages. I'm sure a lot of people who have been laid off would be satisfied with 1% of what he got.

      I don't think Seagate was malicious or willfully misconductive. It's not like they were "out to get him" or anything. "Let's make him uproot his family and then say 'April fools!' That'll be hilarious." And I'm not saying companies shouldn't take responsibility for the people they hire. But I will say that it's not fair for one person to get "compensation in excess" while there are others of us who get laid off by someone who "didn't care what effect it had" on our careers, while we don't have the means to hire a lawyer to set it straight.

    8. Re:Too Much by bronney · · Score: 1

      And that is why it's 2 million dollars and not 200,000.

    9. Re:Too Much by emt377 · · Score: 1

      I don't think Seagate was malicious or willfully misconductive.

      There's one born every minute...

    10. Re:Too Much by laughingcoyote · · Score: 5, Insightful

      I'm all for changing the "at will" bit, or at least imposing some very heavy tax penalties on companies that routinely engage in layoffs. I'm as sick as anyone of seeing people treated as some kind of disposable widget.

      But even absent that, it's a different scenario indeed when they basically knew they had no project, and just hired this guy to give the illusion that they did. The fact that the project was in a far different state than they represented it to him pretty well shows they were not acting in good faith. They represented to him that he was going to be taking on a project that was basically ready, when in reality he was there to slightly improve the odds on a longshot bet and get dumped by the wayside if it didn't work out.

      That's fraud, and it should be penalized. Don't get me wrong, I think it's equally despicable, and should be equally punishable, to represent a job as a good long-term prospect and then proceed to lay someone off after a couple months. But at least one time, the people doing it got caught, and got stung. Maybe the next company about to pull this trick will have a second thought. Seagate sure will. While this by no means will bring them to bankruptcy, it's a sum that'll get their attention.

      That's the point of punitive damages. Actual damages would just be a "cost of doing business", punitive makes it sting at least a little. And if this guy's starting his own company, he'll probably be employing some people himself soon, if he hasn't already. I can hardly begrudge him the money knowing that.

      --
      To fight the war on terror, stop being afraid.
    11. Re:Too Much by suso · · Score: 3, Insightful

      To be honest, there are people out there (a lot of them with businesses and living in Florida) who want to just take advantage of others as much as possible. Without the thread of punitive damages, those people would break the law where it only got their company into trouble and the only punishment would be that they'd have to pay out what they normally would have had to any ways, which isn't really a punishment at all as its what they should have been doing. Punitive damages are a threat to them so that hopefully they won't do it in the first place or won't do it twice.

      When I was younger, I used to think punitive damages were getting out of control too, but now I see that they have a purpose. People get greedy on both sides of the bench.

    12. Re:Too Much by Anonymous Coward · · Score: 2, Funny

      Many punitive suites are 10x as much

      nah, punitive suites can be quite a bit cheaper if you opt for the brunette with a paddle rather than the blonde with a whip.

    13. Re:Too Much by kevinNCSU · · Score: 1

      This again? I'll never understand how people think that the victim getting rewarded is "asking for the system to be abused" and then in the next breath suggest we instead give the one party that is not only supposed to be neutral but has the most power to affect case outcomes, the government and thereby it's subsidiaries the courts, the reward instead thus giving them a motive to decide or help cases be decided in favor of large punitive damages.

      I mean, are you even thinking through anything other then the knee-jerk reaction of "Boy, 1.9 million, why does that jerk deserve to get it?" In what way does a victim getting rewarded beg the system to be abused? People who are victimized have more motivation to try to hold companies accountable?

    14. Re:Too Much by Anonymous Coward · · Score: 0

      Give the actual damages to the plaintiff, and use the punitive damages to pay for public services.

      The public isn't burdened with the cost and risk of the lawsuit, the plaintiff is. Imagine systemic small-scale abuse by a firm. The potential for punitive damages can create the incentive to bring a lawsuit and stop an abusive practice where compensatory damages would never be sufficient.

    15. Re:Too Much by MoonBuggy · · Score: 2, Insightful

      I might not have been clear, but I wasn't suggesting abolishing punitive damages, I was just saying that they should be spent on public services rather than given to the plaintiff.

      The greedy defendant still has their bad behaviour disincentiveised, but the motivation for greedy plaintiff to file lawsuits in the hope of a big payoff goes away.

    16. Re:Too Much by Oxford_Comma_Lover · · Score: 1

      > Equally, it makes sense to fine the company an amount that discourages them from repeating the action. Problem is, for an amount to have any effect at all on a company, it'll be large enough to be life changing for a normal person. Give the actual damages to the plaintiff, and use the punitive damages to pay for public services.

      Yes, with a slight modification: punitive damages should have some kind of copay. Take enough from the company to discourage them from breaking the law, and give enough to the plaintiff to make it worth his time to add it to his complaint.

      --
      -- IANAL, this isn't legal advice, and definitely isn't legal advice for you. Also, Squee!
    17. Re:Too Much by BarryJacobsen · · Score: 2, Insightful

      I might not have been clear, but I wasn't suggesting abolishing punitive damages, I was just saying that they should be spent on public services rather than given to the plaintiff.

      The greedy defendant still has their bad behaviour disincentiveised, but the motivation for greedy plaintiff to file lawsuits in the hope of a big payoff goes away.

      Then the incentive for reporting the undesirable behavior isn't there, though, and if you've been wronged you have to ask yourself "do I want to spend my next few months in court (likely not being able to work and being quite inconvenienced) just to hurt those that wronged me"? In effect, you'll be making the undesirable action more likely as it will be less likely to be reported and litigated as the only people who can fight back while not gaining anything are those that are well off enough that the undesirable action didn't really hurt them much.

    18. Re:Too Much by Ephemeriis · · Score: 5, Insightful

      He might have done a bit more research on the new job

      What kind of research would he have done? They told him he'd be doing X, and had no intention of giving him that job. They just slapped him in position Y as a placeholder for a few months. They were lying to him. The position didn't exist. If you can't trust the folks you're interviewing with, who else are you supposed to talk to?

      perhaps worked for a few months BEFORE uprooting his entire family (which is most likely what I would have done in a similar situation).

      May not have been possible.

      I don't think I could personally afford to pay the mortgage on my house plus the rent on an apartment or a hotel room for 6-12 months (plus associated utilities, and transportation, and whatever else).

      Then you've got the hardship of being away from your family for 6-12 months. Not just a couple hours away either. He moved from Dallas to MN. That's a good chunk of turf. If he wanted to see his family he'd be driving for a couple days or flying. Not cheap. Not easy to do.

      While I do agree that this really sucks I'm not sure it's worth almost 2 Million dollars.

      I think that 6 or maybe even 12 months severance should suffice in this situation. The guy actually got paid for 9 months to do his job so it sounds to me like there was a job, it just didn't last as long as the guy had hoped it would.

      The guy was hired to do job X. That position theoretically expands upon his knowledge and will lead to nice resume-filler and maybe some promotions or something. Instead he was stuffed in position Y, which was a place-holder job. It did nothing for his resume. Now he's got to explain the months of crap-work on his resume.

      Further, he moved 1,000+ miles. Uprooted his entire family. Moving costs... Finding a new place to live... Selling the old place... Packing everything up... Leaving all your friends behind... Not an easy thing to do.

      Finally, he had a good job down in Dallas.

      And keep in mind he was lured away with a lie. It was fraud. He wasn't hired to do job X and then job X went away... He was hired to do job X when nobody had any actual intention to have him do job X because it didn't exist. The company lied to him.

      Part of the compensation is to pick up all those additional expenses and hardships...

      Part of the compensation is to punish the company for fraudulent behavior.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
    19. Re:Too Much by Anonymous Coward · · Score: 0

      The punitive reward could go to no one at all. We just take $1,900,000 minus whatever amount was necessary to make the plaintive whole from the defendant and burn it.

    20. Re:Too Much by hairyfeet · · Score: 3, Interesting

      I think what got them was the fraud part. It would be like you having a fast track job at MSFT working on the integration of Windows 8 and the X360, and I lure you away saying "Hey we want to give you a high profile job at Apple designing the "one more thing" we are gonna roll out next year" and when you get there the "job" is answering Steve's emails.

      Now it doesn't matter if you were paid the same as if you were actually working on the "one more thing" because by hiring you away for a fake job you just got torpedoed from the fast track you were on and may take ten years to get back into that position, if you ever do at all. So I'd say that it is good to set this kind of precedent so that you don't fuck over peoples lives playing a game of "who has the bigger corporate penis". After all without any kind of ruling against this kind of douchebaggery, what is to stop say someone like Oracle from just hiring away key developers from rivals for non existent jobs just to hurt them before acquisition? You take out the right people in a company at just the wrong time and you can seriously mess them up, and if this were allowed without punishment you could just toss those key people after keeping them in a holding pattern until the damage is done.

      --
      ACs don't waste your time replying, your posts are never seen by me.
    21. Re:Too Much by Anonymous Coward · · Score: 0

      This again? I'll never understand how people think that the victim getting rewarded is "asking for the system to be abused" and then in the next breath suggest we instead give the one party that is not only supposed to be neutral but has the most power to affect case outcomes, the government and thereby it's subsidiaries the courts, the reward instead thus giving them a motive to decide or help cases be decided in favor of large punitive damages.

      I mean, are you even thinking through anything other then the knee-jerk reaction of "Boy, 1.9 million, why does that jerk deserve to get it?" In what way does a victim getting rewarded beg the system to be abused? People who are victimized have more motivation to try to hold companies accountable?

      Well, the government will get about 50% of that 1.9 million as taxes anyway so how exactly are they neutral with the current system?

    22. Re:Too Much by Angst+Badger · · Score: 2, Insightful

      I always thought that paying punitive damages to the plaintiff was just asking for the system to be abused.

      I've often thought the same thing, but I'm even more certain that if municipal governments will rig traffic lights to guarantee an increase in tickets for running red lights, inviting them to line up behind the firehose of civil punitive damages is probably even more likely to result in abuse.

      I'm not saying that's the case here, but in general surely we'd see a fraction of the number of frivolous claims if they weren't a potential ticket to lifelong financial security.

      We don't actually see many frivolous claims. We see one newsworthy extreme case every month or two -- out of the tens of thousands of cases that flow through the system without absurd extremes. It's like being afraid of air crashes because they're dramatic and kill a bunch of people at once, even though air travel is actually much safer than driving to the corner store.

      And $1.9 million is not a ticket to lifelong financial security unless you're already pretty old, in superb health, and lucky enough to die of something that kills you quickly.

      --
      Proud member of the Weirdo-American community.
    23. Re:Too Much by sjames · · Score: 2, Insightful

      Perhaps he DID do enough research to realize Seagate had to be serious or they would be breaking the law. Perhaps he just assumed they wouldn't break the law.

    24. Re:Too Much by AusIV · · Score: 1

      Don't get me wrong, I think it's equally despicable, and should be equally punishable, to represent a job as a good long-term prospect and then proceed to lay someone off after a couple months.

      I think intent is very relevant. There are a lot of things that can happen that reduce a company's ability to complete a project they started with the best intentions. Market fluctuations can hurt investor confidence and reduce a project's funding, advancements made by competitors can make a product less useful, or unanticipated costs can put a project over budget relatively early on. If a company knows a project has no chance of being profitable, keeping people on the project is fiscally irresponsible. Hopefully they'll find project members positions on other projects, but some people will probably have to be let go.

      If a company knowingly misrepresents the state of a project to get a person to join their team, I certainly think that's fraud. But if a company reasonably believes they'll be able to complete a project and are honest with recruits about the state of the project, but unforeseen circumstances cause the project to fail, I don't think it's right to bring punitive damages against the company.

    25. Re:Too Much by Anonymous Coward · · Score: 0

      Which is exactly the same as giving it to the government (the people who created the money, remember?)

    26. Re:Too Much by adamstew · · Score: 1

      damages in court cases aren't considered income according to IRS standards.

        "Income" according to the IRS is defined as: Wages, salaries, tips, etc...taxable interest, dividends, certain types of state and local tax credits and refunds, alimony, business income (or loss, capital gain (or loss), other gains (or losses) from the sale of assets, taxable amount of IRA distributions, taxable pension and annuity payments, rental real estate, royalties, partnerships, S corporations, trusts, farm income, unemployment compensation, taxable amount of social security payments, and misc. income (prizes, awards, lottery winnings, gambling winnings, etc.)

      Which makes sense. If someone wrecked your car, you sued the driver of the other car, and their insurance company cut you a check for the damages, would you expect to pay income tax on your car repair bill?

    27. Re:Too Much by mini+me · · Score: 1

      The money could be given to the competition.

    28. Re:Too Much by Anonymous Coward · · Score: 0

      and use the punitive damages to pay for public services

      Because that doesnt create any sort of moral hazard...

    29. Re:Too Much by Eskarel · · Score: 1

      Seagate committed fraud based on their local jurisdiction. There never was a job, the fact that they paid him a salary for a few months is beside the point.

    30. Re:Too Much by Eskarel · · Score: 3, Insightful

      As does the motivation for the genuinely wrong plaintiff, and for that matter their lawyer.

      Not saying we don't need some form of Tort reform, but what lawyer is going to take a case on contingency, wherein their best possible outcome is the fees they would have charged anyway, and what plaintiff is going to bring a lawsuit where their best possible outcome is provable damages and months in court and their worst possible outcome is bankruptcy.

      Companies can afford to piss money away on lawyers, normal people cannot.

    31. Re:Too Much by TheLink · · Score: 1

      While I do agree that this really sucks I'm not sure it's worth almost 2 Million dollars

      Yeah, not like they uploaded two dozen mp3s right?

      --
    32. Re:Too Much by iamhassi · · Score: 1

      "I think that 6 or maybe even 12 months severance should suffice in this situation. The guy actually got paid for 9 months to do his job so it sounds to me like there was a job, it just didn't last as long as the guy had hoped it would."

      I agree. I've had jobs where they've hired everyone for a project and suddenly they cancelled the project less than a year later, should we have all received a few million? Hiring and firing is part of business, if you can't fire someone anymore because it's going to cost 2 million dollars then that'll hurt everyone.

      Guess the moral of the story is they should have fired him and left him in Dallas and hired someone new in Minnesota. Would have saved the 9 months of salary they paid him and $2 million dollars.

      here's a photo of the guy standing proudly in back of his Minnesota home (are those solar panels on the roof?) "Vaidyanathan has since started his own alternative energy company, Mouli Engineering Inc., and now installs solar panels on commercial and residential buildings."

      Yep, guess those are solar panels. Obviously this guy isn't hurting for money, this must be his linkedin and here's his business

      --
      my karma will be here long after I'm gone
    33. Re:Too Much by PitaBred · · Score: 1

      If you just deposit $1.9 million in a standard savings account at just 2% return, you get almost $2000 per month in interest. If you can't live on that or find a better percentage yield, you're doing something seriously wrong.

    34. Re:Too Much by ChrisMaple · · Score: 1

      If a person can't live in luxury for a lifetime on $1,900,000.00, he's too grossly incompetent to have earned a living as a "yield engineer" in the first place.

      --
      Contribute to civilization: ari.aynrand.org/donate
    35. Re:Too Much by Daniel+Dvorkin · · Score: 1

      I always thought that paying punitive damages to the plaintiff was just asking for the system to be abused. I'm not saying that's the case here, but in general surely we'd see a fraction of the number of frivolous claims if they weren't a potential ticket to lifelong financial security.

      Particularly when the defendant has deep pockets and the plaintiff doesn't, punitive damages are very often the only way to see justice done. You have to make the punishment mean something, or else there's no reason not to just do it again -- if Seagate's bean-counters decide that they can make more money following this fake-job practice than they'll lose in court when they get caught, then it will remain their standard way of doing business. And an individual plaintiff is taking a significant risk by going up against a giant corporation, and should be compensated accordingly, or people who are similarly screwed over in the future will be much less likely to do something about it.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    36. Re:Too Much by TheLink · · Score: 1

      Fact is most people won't sue. They worry about who is going to hire them in the future, or what their family will eat, and where they would live, while they are busy suing.

      That's why you need payouts big enough so that a few people like him would go for it, and so that companies don't just think they can always get away with it (heck I think Seagate can still put this in as "cost of doing business").

      Plus it's not really such a big payout, only about 24 songs worth ;).

      It's the "unreasonable people" who do much of changing the world, whether for the better or worse. Work on encouraging good change and discouraging bad change.

      --
    37. Re:Too Much by Jah-Wren+Ryel · · Score: 5, Insightful

      I'm all for changing the "at will" bit, or at least imposing some very heavy tax penalties on companies that routinely engage in layoffs. I'm as sick as anyone of seeing people treated as some kind of disposable widget.

      That's what unions are for. Despite the hate, unions are about as pure a free-market solution to the kind of problem as it gets.

      Some might argue that "free-market" idealism goes out the window when unions get special-interest laws passed in their favor, well if the corps can do it, so to should the unions.

      --
      When information is power, privacy is freedom.
    38. Re:Too Much by Darinbob · · Score: 1

      It's called punitive damages. If they just pay back wages it doesn't discourage them from continuing the same practices. But make it sting just a little and they might think twice the next time. Even if $2M isn't that much for seagate (not sure actually :-) it's going to put the actual people responsible for the hiring in a lot of hot water with their bosses.

      And a bit of extra wages is just a pittance if you can't get your old decent job back, and you sold your home, disrupted your kids' schoolwork, etc. Basically they gave him a guarantee that it was safe to work for them.

    39. Re:Too Much by Darinbob · · Score: 1

      Read TFA. He had a great job already. They enticed him to quit it and come to a better job. Then it turns out that better job didn't exist. This was not just a normal layoff, it was fraud.

    40. Re:Too Much by AuMatar · · Score: 1

      1.9M is plenty. If you plan on living 50 more years, that's 40K a year of principle. When taxes are factored in, that's the equivalent of making 52K/yr. Figure 3% yearly ROI, and that's another 57K/yr before taxes, call it 45 after. You can live pretty damn well on that if you're a small family, most households make do on far less.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    41. Re:Too Much by Anonymous Coward · · Score: 0

      I dunno man, collecting interest on that 1.9 million, I could live pretty well for myself on the gained interest alone.

    42. Re:Too Much by Anonymous Coward · · Score: 0

      Perhaps they were not willfully misconductive but sometimes negligence is a crime.
      He had a good job and a career path at another company. They offered him a "better deal" and turned his life upside down.
      How much damage did he really take here? Well, I have no idea but a good job is worth quite a lot and it is not always cheap to move. We also do not know what his family had to give up.
      $1.9M might be excessive, but we also do not know what the future held for him. What position would he have had at TI 15 years from now if this never happened?.

    43. Re:Too Much by Anonymous Coward · · Score: 0

      He'll have $1,900,000 minus attorneys' fees. Do you think he'll care?

    44. Re:Too Much by Confusador · · Score: 1

      Assuming that he actually had 1.9 mil left after taxes in the first year, and given enough support for the 4% rule, he could have around $76,000 a year, inflation adjusted annually, for the rest of his life.

      Assuming only 1 mil after the first year's taxes, it would still be around $40,000, which isn't to far from the median for a single wage earner. I won't claim it's a life of fabulous luxury, but especially if he already had some savings it would certainly be security.

    45. Re:Too Much by echucker · · Score: 1

      Some might argue that "free-market" idealism goes out the window when unions get special-interest laws passed in their favor, well if the corps can do it, so to should the unions.

      So you're saying two wrongs make a right?

    46. Re:Too Much by Anonymous Coward · · Score: 1, Interesting

      i work in recruitment many years ago (around the time of the seagate / connor merger) i placed a guy in a seagate subsidiary who was meant to be creating a worldwide WAN infrastructure - 3 months later after he had done the planning phase they said they had changed their mind on how they were going to proceed and let him go with 1 months money.

      So this doe not surprise - although it would interest me to know if they used his plans for their WAN.

    47. Re:Too Much by Anonymous Coward · · Score: 0

      How big a fraction? Five quarters?

    48. Re:Too Much by tixxit · · Score: 1

      $2000/m would be pretty hard to live on today. $2000/m 20 years from now is below minimum wage (inflation). A savings account with 2% will be hard to find. Especially one you can take $2000/m out of.

    49. Re:Too Much by kgskgs · · Score: 1

      What is the definition of whether a job "exists" or not?

      If he was getting paid when the project was in exploratory phase, the job did exist, right?

      I feel sorry for all this pain, but honestly it's not a company's responsibility to care for my career beyond a certain point. If I get a better job offer and hop away, do I need to care about company's business goals not being met? I hope not.

    50. Re:Too Much by TheFaithfulStone · · Score: 1

      More like: Turnabout is fair play, paybacks a bitch, you reap what you sow, Quit whining, you were the one that let the cat out of the bag.

    51. Re:Too Much by tompaulco · · Score: 1

      Okay, I must be doing something seriously wrong because I can't live on that.
      Just for starters, my house payment is higher than that.
      It might be possible for someone with no children, young and in good health to live on that if he doesn't mind living in kind of a dumpy house and eating ramen.

      --
      If you are not allowed to question your government then the government has answered your question.
    52. Re:Too Much by tompaulco · · Score: 1

      Over a 40 year career, that comes to 47,500 a year. Can you live in luxury on 47,500 a year? If so, then everyone can, because that is slightly less than the average household income in the U.S. Add to that the fact that 47,500 40 years from now will be the equivalent of about $15,000 today and you will find it hard indeed to live the life of luxury.

      --
      If you are not allowed to question your government then the government has answered your question.
    53. Re:Too Much by tompaulco · · Score: 1

      $2 million is probably insufficient. If he was known enough to be enticed away from a good position from TI by Seagate to move to Minneapolis, he was probably making 6 figures. What they need to do is pay him what they would have paid him including annual salary increases, benefits, bonuses, healthcare and incentives through retirement. I guarantee that this is probably double or more of the $1.9 million.

      --
      If you are not allowed to question your government then the government has answered your question.
    54. Re:Too Much by tompaulco · · Score: 1

      Attention everyone. $1.9 million (especially minus attorney fees) over the course of a lifetime is not a great deal of money.
      Good grief, we are starting to sound like Lucky on King of the Hill who thinks he is set for life from his $50k settlement from slipping at the Mega-Lo-Mart.

      --
      If you are not allowed to question your government then the government has answered your question.
    55. Re:Too Much by Anonymous Coward · · Score: 0

      A monopoly on labor is no better than a monopoly on employment.

      When either side (unions or employers) gets an effective monopoly (oligarchys count...) then they have a great deal of power against the other side with little to stop them from using it. It is only the freedom of choice of both employers and employees that keeps the market free.

      Power corrupts, and absolute power corrupts absolutely.

      The free market is only helpful when there is no monopoly on either side. If such a monopoly exists, the market isn't free anymore. If there's only one major employer in your town, or all employers collaborate to set wages, the employment market isn't free. If there's only one union in your town, and the union sets wages, it isn't free either.

      One monopoly versus another at least can achieve some sort of balance, but it's a balance more similar to that of a centrally-controlled economy (think communist countries) than that of a free-market system in which each individual or employer is chosen by his/its own merits, and compensated accordingly.

    56. Re:Too Much by CodeBuster · · Score: 1

      What do you think his chances for future employment are?

      According to TFA, he started his own company installing solar panels. Basically, he will never work for any company ever again unless he is the founder of that company. However, given the grim future prospects of the American worker, starting your own business or becoming an entrepreneur or investor is looking more and more attractive as a long term option. There is simply no loyalty or stability anymore in being a "company man" so at least one of the main arguments against being self employed is now melting away under the pressures of a sputtering economy and the associated "jobless" recovery.

    57. Re:Too Much by Lemmy+Caution · · Score: 1

      It is above the federal poverty guideline, around the median US income, far above public assistance, and way above anything like the global average income (and even buying power, after accounting for cost of living differences.)

      Recognize your privilege.

  6. Details by cappp · · Score: 5, Informative
    The Summary seems to skirt around the more salacious details. TFA says

    "It was beneficial for [Seagate] to have a yield engineer on staff to give the appearance of a complete organization with a project that was further along in development. They were not able to sell or find a partner for the ATG group despite having him on board as the placeholder yield engineer."

    The inference was that SeaGate bought Vaidyanathan on as a little corporate theatrics, manipulating appearances while they looked for a partner organization.

    He was able to sue under a Minnesota law that makes it illegal for

    any ... company...doing business in this state...to induce, influence, persuade, or engage any person to change from one place to another in this state, or to change from any place in any state, territory, or country to any place in this state, to work in any branch of labor through or by means of knowingly false representations

    1. Re:Details by Velorium · · Score: 1

      That's a good law.

    2. Re:Details by arbiter1 · · Score: 1

      I agree its a great law to prevent a company for pulling crap they tried to on him. When you look at Seagate 2mill pfft is just pocket change to them in the end.

    3. Re:Details by NotQuiteReal · · Score: 0, Troll

      Um... I don't have a dog in this fight, but AFAIK performing "corporate theatrics" while looking for a partner is not "knowingly false" until the search falls thru...

      I am sure Seagate wasn't trying to personally jerk around this one guy. What if the partner had been found and everything was cool?

      While unfortunate for Vaidyanathan, as far as the Seagate thing goes, it sounds like he won a lawsuit lottery to the tune of 1.9 $M (for which I am sure his lawyer is happy to take %40).

      Oh, and if it was characterized as "damages" he probably doesn't have to pay income tax on it.

      --
      This issue is a bit more complicated than you think.
    4. Re:Details by Daniel+Dvorkin · · Score: 1

      I am sure Seagate wasn't trying to personally jerk around this one guy.

      No, it was worse. They didn't know him from Adam and they didn't care; there was no malice in it. Instead, they quite impersonally wrecked his career by hiring him for a job that didn't exist. Like a natural disaster, only with human intelligence behind it. You can't get much scummier than that.

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    5. Re:Details by ChrisMaple · · Score: 1

      First, companies frequently hire for positions that don't really exist yet. You can't develop a new product line and then, on the day you are ready to start production, suddenly say "Oh by golly, we've got to hire people to make this stuff."

      Second, his career was damaged, not destroyed, by being terminated. What has destroyed his career is suing Seagate. No rational employer will look at his history, see that he cost Seagate about 2 million dollars and loads of bad publicity, and even let him on their property, let alone hire him. It is not just a sign of someone who'll cost the company money, but someone who'll be a whiner and a troublemaker even if he doesn't sue.

      --
      Contribute to civilization: ari.aynrand.org/donate
    6. Re:Details by Raenex · · Score: 1

      What has destroyed his career is suing Seagate.

      With $2 million or even $1 million after lawyer fees and whatever, he now has a new career in investing or doing his own startup.

    7. Re:Details by AK+Marc · · Score: 1

      You hire for a position that exists. Design engineer for a product. You don't have to have an actual product to hire a design engineer. They didn't have a product and didn't want one. They wanted a partner and brought him on as a decoration with no work to do at all and no product to make. The partnership they were hoping to create didn't happen, so they never actually asked him to design anything, and that's what they told him he would do. They lied. They hired him for a job that didn't exist. They never once asked him to do anything related to the job description he was hired under.

  7. At-will employment by oldhack · · Score: 5, Insightful

    There is no loyalty between employers and employees, and that's been the case for a few decades now. It's everyone-watch-yo-own-ass, like the Wall St. mercenaries.

    Time to consider employment contracts like they do for investment bankers.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    1. Re:At-will employment by Billly+Gates · · Score: 5, Insightful

      The employer has all the bargaining power unless you are extremely talented and rare in your abilities. Just because there is no loyality does not give Seagate the green light to harm other people. Laws like this need to be enforced to scare employers to be reasonable. After all if you did millions in damages to your employer he can sue you right? Same principle.

      If a job is temp or does not exist they can't make an offer. It is not fair to the person nor family.

    2. Re:At-will employment by oldhack · · Score: 1

      Yeah, especially these days. But that bit of Minnesota employment law seems too vague and roundabout to be adequate.

      --
      Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
    3. Re:At-will employment by phantomfive · · Score: 2, Insightful

      The employer has all the bargaining power unless you are extremely talented and rare in your abilities.

      This is only true if you give it to them. The reason they have power is because there are lots of workers, and they can find another worker if they want to.

      The flip side is that there are lots of companies, and you can always find another one, especially as a programmer. As soon as any company starts doing things I don't like, I start sending out resumes for another one. I am not a genius, but I work hard, provide value worthy of my pay, and I don't need to put up with garbage. (Note I didn't say I quite immediately, I start looking).

      That said, from what I can see, this case looks clearly like fraud. It doesn't matter if it was a corporation or an individual who was making the promises, they failed to deliver, and apparently never intended to.

      --
      Qxe4
    4. Re:At-will employment by Mashiki · · Score: 1

      You know in the old days we call this "unionization" and "collective bargaining," of course in the US right now there seems to be 2 problems. One is that unions have become radicalized and political, the second is people are anti-union rather than fixing the problem with unions themselves.

      --
      Om, nomnomnom...
    5. Re:At-will employment by BVis · · Score: 1

      In some states, an employment contract isn't worth the paper it's written on. They're unenforceable. Anyone can be fired at any time for any reason, or for no reason whatsoever, without severance. The only thing the ex-employee is entitled to is any vacation pay accumulated (which is considered wages under MA law) and a flyer on how to apply for unemployment benefits.

      --
      Never underestimate the power of stupid people in large groups.
  8. bigger than seagate by girlintraining · · Score: 4, Informative

    Minnesota is a "At Will" employment state, which is a misnomer. Basically it means they can fire you at any time, for (almost) any reason, without any warning or compensation, unless otherwise covered by federal laws (for example, mass layoffs). Most states have laws similar to this. In this case, they caught Seagate on a technicality -- the jury believed that Seagate willfully misrepresented the job to him, and thus was in violation of a state law.

    Without knowing the case specifics, I can't say with authority how likely this is to be overturned, but if Seagate can demonstrate that the project fell apart for business reasons that could not be reasonably anticipated, it'll die on appeal. And it is very likely that it will.

    --
    #fuckbeta #iamslashdot #dicemustdie
    1. Re:bigger than seagate by clarkkent09 · · Score: 1

      My guess is it will get overturned as well unless by some miracle he has hard evidence that Seagate acted in bad faith when it hired him. Plus, he worked there for 9 months before he was laid off. Jury probably felt sorry for a small guy against a big company, but appellate courts will be a bit more hard-nosed about following the law.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    2. Re:bigger than seagate by gweilo8888 · · Score: 1

      Minnesota is only At Will if the employee doesn't hold a contract "directly [limiting] ... the employer's right to terminate the employee without cause." Could be it'll get overturned, or could be he's got something preventing this in his contract, and really has a case.

      /IANAL and have no info on the case beyond TFA.

    3. Re:bigger than seagate by Billly+Gates · · Score: 3, Informative

      Employment at will does not mean you can make false promises to someone where they are hurt financially. It is not the laying off but the promising of something they knew was not real or would not happen before she started employment. You can't fire someone because he is black whether you are an at-will employer or not. It is the same thing and something needs to be done to protect workers for once.

    4. Re:bigger than seagate by Omnifarious · · Score: 5, Insightful

      It sounds like there is evidence if you look at some of the other comments. Apparently the job didn't really exist when they hired him. They hired him for a fake position in the hopes that his presence in the position would cause the business to materialize that would make the position exist. That sounds like bad faith to me.

    5. Re:bigger than seagate by Anonymous Coward · · Score: 0

      How is it a misnomer?

      You work "at the will" of your employer, they can fire you for any reason (other than Federally protected reasons, as you mention, i.e. race, religion etc). No one forces your employer to keep you employed.

      You work "at the will" of yourself. You can quit anytime you want. No one forces you to stay at a job you do not want to be at.

      Now sometimes we get "stuck" at a job we don't want to do, but that is different than being "forced" to work there or nowhere else.

    6. Re:bigger than seagate by publiclurker · · Score: 1

      While he worked at a job for 9 months, it was not the one that he was hired to do, as that job did not really ever exist.

    7. Re:bigger than seagate by antifoidulus · · Score: 1

      Happens in the defense industry all the time. Recruiters interview, and sometimes hire candidates under the assumption that said candidates will help them win the contract. When they don't win the contract the hiree is up the shit creek without a paddle. Hell, I wish I had known this back not too long ago, I worked for a company for a few months after moving overseas being promised a 2 year contract, the contract didn't even last one. I found another job, but fuck $1.9 mil sounds a lot better than that job was :P

    8. Re:bigger than seagate by Lloyd_Bryant · · Score: 5, Informative

      Without knowing the case specifics, I can't say with authority how likely this is to be overturned, but if Seagate can demonstrate that the project fell apart for business reasons that could not be reasonably anticipated, it'll die on appeal. And it is very likely that it will.

      First, if Seagate could have established that the person was hired for a perfectly valid position, which went away as a result of business conditions they couldn't have forseen, then they wouldn't have lost this trial in the first place.

      Second, the "At will" issue is irrelevant - the lawsuit was based on a law that says employers are not allowed to lure people into relocating unless there's an actual job waiting for them.

      Finally, appeals are generally based on issues of law, not issues of fact. So unless Seagate can come up with a good legal argument why that state law doesn't apply in this case, it's unlikely they'll get a reversal on appeal. At best, they may get the award reduced.

      --
      Don't tell me to get a life. I had one once. It sucked.
    9. Re:bigger than seagate by will_die · · Score: 1

      That sounds like standard practice for L-3 Communications, all other companies I have worked or interviewed with have always been up front with contracts ending. L-3 is the one company I and others have been told to come over and not had everything in place or said they had a contract while it is was still not awarded.

    10. Re:bigger than seagate by antifoidulus · · Score: 1

      Actually the people who won the contract were L3, Northrop Grumman(though to be fair it was one of their branch companies, they don't really have a lot to do with the head office) were the ones that hired me. But L-3 was pretty slimy too, they interviewed everyone and then promised that they would find me a job then gave me absolutely nada. Oh well, I found something else and it's working out.

    11. Re:bigger than seagate by Kjella · · Score: 1

      First, if Seagate could have established that the person was hired for a perfectly valid position, which went away as a result of business conditions they couldn't have forseen, then they wouldn't have lost this trial in the first place.

      Their business plan could have been extremely optimistic or even delusional, but that wouldn't be illegal. A rose tinted presentation of where he'd fit in those plans likewise so. Good people in speciality fields like a yield engineer aren't a dime a dozen, if they were staffing up in anticipation of said delusional plans they weren't lying. The standard is not with perfect hindsight to reality, it's whether they knowingly gave him false information to take the job. As in things that weren't or couldn't possbily become true. In short you could easily get screwed this way within the law, it takes extra wrongdoing on part of the employer to make it illegal.

      --
      Live today, because you never know what tomorrow brings
    12. Re:bigger than seagate by rahvin112 · · Score: 1

      Seagate had every opportunity afforded them to prove that even if their plan was silly they acted in good faith. Based on the award I would say that the Jury fully believed they outright lied to the gentleman in question and hired him into a position that didn't exist and had no intention of keeping him. That's fraud.

      There's undoubtedly someone behind this that figured he'd lie (not only the the gentlemen in question but the company as well) and hire this guy into a job they company didn't even have on the hope of winning a long shot job and actively planned to lay the guy off if it didn't happen. I'd wager this is exactly what was shown through the evidence to the Jury based on the award. With an award of this magnitude those "creative" individuals that decided to fuck over an innocent stranger on an extremely long shot job win to advance their own careers will be punished accordingly likely through their own careers being rightfully destroyed. Make no mistake, Seagate wouldn't "reward" this manager for committing fraud in the companies name if they didn't have to pay this 1.9 million Jury award.

    13. Re:bigger than seagate by imthesponge · · Score: 1

      You're never guaranteed a job from anyone.

  9. Promissory Estoppel by ShiftyOne · · Score: 4, Informative

    Liability was based off of a contract term called reliance or promissory estoppel. Because he relied on a promise of a job, and it cost him a bunch of money, he is given damage for what he went through. I am not a lawyer but that is the basic premise of the term. http://en.wikipedia.org/wiki/Promissory_estoppel

  10. I wish MA was the same by PDG · · Score: 1

    I got laid off last week after only working for 3 weeks. Who does hiring when they are about to re-org?

    --
    "Where is my mind?"
    1. Re:I wish MA was the same by cutegigi · · Score: 1

      Stupid HR people ?

    2. Re:I wish MA was the same by Morty · · Score: 1

      At a former job, my bosses hired someone to fill an opening just before a reorg. They were upfront with the new hire about the risks. The philosophy was that the group's work would most likely still be necessary after the reorg, so it was better for the group to be at full staff and responsive during the reorg, and the new hire would most likely keep his job. Sure enough, everyone in the group made it through the reorg OK, and the new hire stayed on for years.

    3. Re:I wish MA was the same by Captain+Hook · · Score: 1

      My previous company made me redundant, twice, in both cases I had been there for a few months but in both cases they had hired someone recently (3 weeks the first time, 1 week the second time) before making them redundant.

      Their excuse was that the Board sprung the need to cut costs on the CEO at very short notice and they used a last in first out approach to the redundancies but it feels like they were using me like a contractor without paying contractor rates.

      As far as I'm concerned, either management were incompetent or malicous in hiring me as a permanent employee.

      --
      These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
    4. Re:I wish MA was the same by tophermeyer · · Score: 1

      I think you might be surprised at how little authority HR people actually carry in structural decisions within an organization. An HR team would probably have input into how the organization is restructured, but were likely not the ones to pull the trigger to make it happen.

      A likely possibility (I don't know the details of the GP's situation) could be that "reorganization" had been on of those topics that is frequently talked about but implementation had been put off. I've seen this in some previous organizations; upper management would frequently be discussing reorganization as a future goal but put it off because it is inconvenient in the short term. The shift to actually taking it seriously may have surprised some managers, who were probably aware of the discussion but still needed to keep their staff at full strength.

      Again, I don't know the GP's exact situation. But from experience I am painfully aware that many Managers feel a need to be seen as action oriented "doers" that make quick decisions to fix problems. Unfortunately, these types commonly fail to grasp the long term effects of their action.

    5. Re:I wish MA was the same by Fallen+Kell · · Score: 1

      But from experience I am painfully aware that many Managers feel a need to be seen as action oriented "doers" that make quick decisions to fix problems. Unfortunately, these types commonly fail to grasp the long term effects of their action.

      Did you work for my former boss's boss? He had us move an entire rack of servers out of one server room to a different one in a different building because the building it was in lost power (due to maintenance). We told him that it was assinine to do that as it would take longer to disconnect the rack of servers, get it to the loading docks, wait for the union transporters, wait for the network team, reconfigure the servers, network, DNS, services, reassemble the rack/servers in the new building, then it would to wait the two hours for the power to come back. Needless to say we were overruled, but we gave him a big we told you so when it took 2 days for the servers to come back online properly in the new location.

      --
      We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    6. Re:I wish MA was the same by tompaulco · · Score: 1

      Who does hiring when they are about to re-org?
      Everyone. For the simple reason that every company is always about to do a re-org. Every company has been told by a consultant that they can save $X in a few years by spending a little more right now, and no company has ever gotten through the few years required to recoup those losses before another expensive consultant convinces them to do it again.

      --
      If you are not allowed to question your government then the government has answered your question.
  11. Kinda says something... by _0rm_ · · Score: 1

    Says a bit as to why SSD technology is taking so god damn long to progress.

    --
    Boredom is bliss.
  12. Miserably Bad Sources for Article by RobinEggs · · Score: 1

    The article draws almost exclusively on the guy's lawyer for it's material: you know, the same lawyer who gets probably half a million out of this 'guilty' verdict? I can't imagine a worse primary source than that for informing any attempt at a factual, semi-serious debate on the case.

    Furthermore, while I agree that hiring someone for a patently fabricated project and career track is unethical, I'm not convinced that Seagate did that here. Hiring a highly skilled individual long before urgently needing them isn't unethical; it's thinking ahead. Again, if they hired him exclusively to bullshit possible business partners and simultaneously could have foreseen wanting to get rid of him if or when this particular project died, then of course it's wrong, but the article doesn't go even halfway to convincing me of this supposition.

    As an aside, I'm a little confused about how the lost time and the litigation process "ended" his career as a yield engineer. Have other people refused to hire him? Does the field change so fast that he truly doesn't know anything useful anymore and may as well have switched jobs? That whole thing smells of drumming up sympathy and inflating the measurable economic loss to seek a larger judgment, or perhaps getting those benefits to the case out of convenience after deciding voluntarily to give up the profession for the entrepreneurial endeavor the plaintiff is engaged in now.

    1. Re:Miserably Bad Sources for Article by Jiro · · Score: 2, Insightful

      As an aside, I'm a little confused about how the lost time and the litigation process "ended" his career as a yield engineer. Have other people refused to hire him? Does the field change so fast that he truly doesn't know anything useful anymore and may as well have switched jobs?

      Employers tend not to give much of a career to people who sued their former employer, even if the suit is legitimate. Also, having large gaps on your resume makes you look bad as an employment prospect even without a lawsuit. I can easily believe he's now unemployable.

    2. Re:Miserably Bad Sources for Article by emt377 · · Score: 1

      Furthermore, while I agree that hiring someone for a patently fabricated project and career track is unethical, I'm not convinced that Seagate did that here.

      Have you ever been involved in a labor dispute? If you have, you know the very fact that Seagate lost means he has hard evidence that they planned and conspired to do this. Without hard evidence your chances of winning a case like this are nil.

    3. Re:Miserably Bad Sources for Article by RobinEggs · · Score: 1

      I see your point, but I'd rather not rely entirely on inferences where the plain truth could and should be available. This article is an interview masquerading as hard journalism, and while you're probably right I wouldn't mind seeing more sources than the guy's lawyer: maybe they could quote some nice smart university professor who has experience and solid credentials to make the objection you just showed me, for example.

    4. Re:Miserably Bad Sources for Article by Kindgott · · Score: 1

      As an aside, I'm a little confused about how the lost time and the litigation process "ended" his career as a yield engineer. Have other people refused to hire him? Does the field change so fast that he truly doesn't know anything useful anymore and may as well have switched jobs? That whole thing smells of drumming up sympathy and inflating the measurable economic loss to seek a larger judgment, or perhaps getting those benefits to the case out of convenience after deciding voluntarily to give up the profession for the entrepreneurial endeavor the plaintiff is engaged in now.

      This portion of his lawyer's argument struck me as odd, as well. I'm not sure how Seagate hiring you for 9 months after you worked at TI kills your career forever. Anyone around here have an insight, or is the lawyer blowing smoke?

      --
      If there's anything more important than my ego around here, I want it caught and shot immediately.
    5. Re:Miserably Bad Sources for Article by jeff4747 · · Score: 1

      Hiring a highly skilled individual long before urgently needing them isn't unethical; it's thinking ahead.

      If you accurately describe the situation to the individual, yes.

      If you lie and claim that the program is already up and running when you are using the individual as bait in the hope that someone else might start a program, then no it's not ethical.

    6. Re:Miserably Bad Sources for Article by hedwards · · Score: 1

      Unlikely. Any employer that's that concerned with getting sued doesn't do the background or credit check themselves. Normally they hire out a third party to do it for them. On the off chance that they get sued for discrimination they can say legitimately that they didn't know anything that the applicant didn't provide on the application.

    7. Re:Miserably Bad Sources for Article by mini+me · · Score: 1

      How, exactly, is a gap on your resume possible?

      An employer is just a client of your business. The product of your business is your time. When a given client relationship ends, your role in your company shifts to that of a sales, but you are still employed. Last time I checked, salesman was still considered a real job.

      Granted, sales-related experience when applying for an engineering role may not help you get the job. Then again, it just might.

    8. Re:Miserably Bad Sources for Article by ChrisMaple · · Score: 1

      This was a jury trial. Some lawyers are particularly good at swaying juries, even to the point of going against established law. Patrick Henry, for example.

      --
      Contribute to civilization: ari.aynrand.org/donate
  13. My aunt went through same thing by Billly+Gates · · Score: 5, Interesting

    She was a VP of human resources. She was offered a position that paid up to 180k a year. She sold her home and looked forward to the new position. It turns out they only planned to keep her for a 3 month project and laid her off. The job details made it appear that it was permanent and no mention of temp to hire appeared in job description.

    She lost her home, savings, and moved back in with her parents. She is 55 and is too old to be rehired and lost everything. I hope she can quote this case as an example. Something has to give in this country. The rest of the 1st world does not have any of this nonsense and has much more support services. She is about ready to work at McDonalds and beg. Sometimes I hope these people and companies ROT.

    1. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      tell us the name of the company.
      we can indicate our displeasure by choosing to not do business with them.

    2. Re:My aunt went through same thing by Actually,+I+do+RTFA · · Score: 1

      I hope she can quote this case as an example.

      Only if she is in Minnesota or if her state has similar laws. FTFA:

      The basis for the case is a Minnesota statute that makes it illegal to induce "any person to change from any place in any state, territory or country to any place in this state to work in any branch of labor through or by means of knowingly false representations."

      That said, I don't follow the 55 is too old to get a job logic. How fucked up is our country?

      --
      Your ad here. Ask me how!
    3. Re:My aunt went through same thing by Rockoon · · Score: 1, Insightful

      She was a VP of human resources. She sold her home and looked forward to the new position...
      [snip]
      She lost her home, savings, and moved back in with her parents...

      Something about this story just doesn't add up.

      --
      "His name was James Damore."
    4. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      As a VP for what I assume a reasonable amount of time and obviously made over 6 figures--did she actually save any money? Doesn't sound like it if she lost everything.

    5. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      Knew a dude that something similar happened to.

      "I am hearing rumors of a buyout"
      "Oh those are not true"
      "Well I am about to quit my other job and sell my house and take this one full time"
      "Oh you should do exactly that this is a wonderful job"
      3 weeks later
      "you are laid off you no longer have a job"
      "WHAT you told me..."
      "I lied to you get over it I have a fiduciary duty to the company to talk about contracts that are in progress"

      The group I work in was able to make it up to him and he now has a job and then some. Her on the other hand still unemployed and can not get one around here because of that little stunt (messing over nearly 400 people and word gets around). The HR lady who did this to this dude is one cold hearted bitch. She repeatedly had done this to many people. I try to feel sorry for her but then I think back on all the times she had done the 'shady' things to my friends.

      HR works for the company and not the workers. Perhaps your aunt should retrain as something else. HR is usually filled up with young pretty things who have an attitude. When the pretty goes, they go. As there are dozens to fill their place. Companies do that because people listen to young ladies more than old battle axes... Remember HR is not about helping workers. It is about keeping the company out of hot water and putting up a good appearance. If that means getting rid of 'trouble makers' then so be it no matter how well they perform. People *FEAR* HR they do not look to them for help...

      I have seen this dozens of times thru the years. Your aunt probably was the HR scapegoat brought in to do the dirty work. That way the other HR people could skate thru and keep their jobs. She probably also burned a couple of bridges over the years.

    6. Re:My aunt went through same thing by IICV · · Score: 3, Interesting

      Uhm, she sold her old home, moved to wherever the new job was, and bought a new home? These things do happen, you know.

      Though to be honest she should have been more cautious than to buy a house less than three months after moving to a new location; I mean, what if it doesn't work out (like this didn't)? What if she just hates the new position?

    7. Re:My aunt went through same thing by hedwards · · Score: 1

      Not really, she sold the home looking forward to the position. Then later after she couldn't find work as a result of the fraud, she wasn't able to buy a new one and from the looks of it ran through the money.

      I don't see anything there that's unreasonable in terms of causality.

    8. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      She ran through an entire house's worth of money, plus existing cash?

    9. Re:My aunt went through same thing by luther349 · · Score: 1

      yea i always lernd never relocate for a job. no matter how much they promise. unless its in some form of a signed contract.

    10. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      It is entirely possibly to sell your home (which you have only been living in for less than 5 years, thus not having any equity after the sale because of real estate fees and commissions) and lose your savings (which are spent moving). Really, if we all acted the same, had the same experiences, and made the same judgement calls, we'd be a nation of clones. Just because you can't conceive of how something like this could happen, doesn't mean that it can't.

    11. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      She'll be retiring in 10 years, maybe 5 as far as the company knows. For the level of position she was originally looking for (VP) that requires a serious life commitment from the company's view, and she is at an age where her likely commitment just won't be enough.

      That being said, if she looked to be underhired, she'd probably get a position in normal times. Although now, who knows? The economy is pretty bad.

    12. Re:My aunt went through same thing by hrvatska · · Score: 1

      She ran through an entire house's worth of money, plus existing cash?

      For a person moving from somewhere like Syracuse, NY, to San Francisco or NYC, the existing equity in a house may not be enough to cover a down payment. Especially if a person bought right before the real estate bubble popped.

    13. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      Think slightly harder. She sells home...moves to new job area...buys new home with the expectation of a 180k a year job...loses job...can not cover new mortgage...loses new home, savings etc.

      Being cynical as a reflex makes people look stupid.

    14. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      More like: she couldn't continue making payments on the new house's mortgage because the $180K income she was expecting went to zero.

    15. Re:My aunt went through same thing by Darinbob · · Score: 1

      It's all about the bottom line for corporations. Why hire someone older and experienced when you can hire some bozo for half the cost? If the bozo doesn't work out you hire another cheap bozo. When you get to a certain point you want to keep the job you have and never switch jobs until the new one is firmly in place. 55 doesn't just mean paying the salary, it means the company gets more grief from the group medical insurance who's threatening to raise rates yet again.

    16. Re:My aunt went through same thing by Confusador · · Score: 1

      The problem is in your [snip]. Try:

      She sold her home, moved, and bought a new home.
      Then she lost her job, and while unemployed could not make payments on the new home.

      As a result, she lost her home.

      I agree that this indicates some financial irresponsibility about the amount of home she could afford, but it still looks quite likely.

    17. Re:My aunt went through same thing by Anonymous Coward · · Score: 0

      My employer seems likely to offer me a new position in another state, however all signs indicate that the new job will not be forever. I have a gut feeling it'll end after a few months. Basically I will go there and train people to do what I do, half as well, for less money.

      So it will be difficult when they finally do come to me and say it's time to uproot and go. I can stay here and get fired. Or go through the hassle and expense of moving to a new city and then get fired, very probably. It all comes down to whether I want to move. And no the company is not paying for moving.

      The only difference between myself and the aunt and the man from Seagate is that I know full well what is going on in my company. I am not silly enough to believe what I am told, and heck, I already work for this company. The writing is on the wall about where certain things are going.

    18. Re:My aunt went through same thing by geekoid · · Score: 1

      I can answer that.

      There are a couple of reason, the foremost is that if you use the money you made from your sale as the down on a new home then you don't have to pay taxes on the money from the sale. You only have 30* days to do so.

      Even if she hated the new position, she probably could if sucked it up until she found new work. Somehting that's far easier to do while employed, especially if you are over 40.

      *maybe 90. I'ts been ten years since I did it.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  14. Re:Just shows how far HR is from people doing the by Billly+Gates · · Score: 1

    They can require this because they can with today's labor market. SOmeone with 5 years knows more and is more productive than a fresh grad out of ITT or someone who can't hold onto a job for more than 6 months.

  15. Re:Just shows how far HR is from people doing the by tinkerghost · · Score: 5, Insightful
    There is a job listed as 'computer tech' that requires
    • Cisco, HP, & Dell router experience
    • Apache, ms-sql, and a few other types of server software
    • HTML, XML, Java, Tomcat, Drupal, RUBY, Javascript, .net, SQL

    The list goes on with the only thing missing being actual experience with PCs, printers, and Office suites, which is what the job description is all about.

  16. Re:Just shows how far HR is from people doing the by alvinrod · · Score: 2, Informative

    Sometimes I think the BS B.S. requirements are just to thin the applicant pool a little. You might miss out on some quality people, but it gives you an early short list. It's not feasible to interview every single person, especially for some low-level job. There's always some arbitrary line in the sand used to cull the pack. Why should a non-necessary degree requirement be any different than tossing any resume that has some minor grammatical error?

    If you or anyone else has a better system, I'd love to hear it. After seeing the results of the current hiring policy, anything would be better.

  17. Happy for this by Meniconi,Nando · · Score: 1

    Hell yeah!

  18. Re:Just shows how far HR is from people doing the by phoebus1553 · · Score: 1

    Plenty of times it's not even HR. My 'former' employer's head of IT put together a job posting once that *required* a CCIE for a normal grade network admin job and then offered to pay like $70k (top end), which in my locale is respectable money, but definately not for a CCIE . Anybody that would have fit either end of that spectrum would have been scared off by the other.

    *disclaimer - everyone 'in' IT knew that the upper managers were in the good ol' boys club with the owner, and couldn't IT their way out of a wet paper bag, they were just in it for the ego. Just illustrating the "hr isn't the only bastion of suck" point.

    --
    ----- - The beatings will continue until morale improves
  19. Re:Just shows how far HR is from people doing the by TheLink · · Score: 5, Insightful

    the BS B.S. requirements are just to thin the applicant pool a little.

    Careful though, if the job requirements are too bullshit what you are doing is excluding the people who don't bullshit (and actually bother to read the job requirements)

    --
  20. Re:Just shows how far HR is from people doing the by techno-vampire · · Score: 3, Funny

    Yeah. Just the other day I saw a job advertised where experience with Windows Vista was required to get the job, but nothing was said about being expected to work with Vista.

    --
    Good, inexpensive web hosting
  21. Developing SSD technology for Seagate? by AHuxley · · Score: 1
    --
    Domestic spying is now "Benign Information Gathering"
  22. Something similar happened to me by stinerman · · Score: 1

    I was really hard up for a job and took one out of town. I ended up moving from Sandusky, OH to Columbus, OH for the job.

    Corporate laid everyone off in that office within 3 months of me starting. I found out after the fact that after I had been offered the job by the local HR folks and signed a lease on an apartment, corporate was going to renege on the deal because they knew at that time they would be laying everyone off. Apparently that was legally questionable, so they hired me anyway.

    Luckily I had a better job lined up by my last day. The rest is history.

  23. Re:Just shows how far HR is from people doing the by Marful · · Score: 1, Redundant

    Aren't a lot of the bullshit requirements intended to justify H-1B visas?

    I thought in order to qualify for H-1B, you had to first advertise in the local area and if you can't find people then you can apply for H-1B's (which you can then change the requirements).

  24. vwhat better 2 year degrees + real world work or 4 by Joe+The+Dragon · · Score: 1

    whats better 2 year degree + 1-2+ years real world work or 4 year degree with little real world work?

  25. A pretty penny by nanospook · · Score: 1

    SWEET!

    --
    Have you fscked your local propeller head today?
  26. Re:Just shows how far HR is from people doing the by PRMan · · Score: 4, Funny

    My favorite:

    * Requires 10 years of C# experience

    (The .NET Framework was created in 2002.)

    --
    Peter predicted that you would "deliberately forget" creation 2000 years ago...
  27. Re:Just shows how far HR is from people doing the by publiclurker · · Score: 1

    Sounds like they already have the perfect candidate in mind from India on an H1B. They simply take his resume and adjust the requirements to match it so that no-one else will be able to qualify.

  28. McDonalds may say she's overqualified and not even by Joe+The+Dragon · · Score: 1

    McDonalds may say she's overqualified and not even hire her.

    As for tech jobs they don't want to give people with 10 years in field 1 level 1 job even you got layed off and just want anything even if it means going back to a lower level job and or pay.

  29. Re:Just shows how far HR is from people doing the by man_of_mr_e · · Score: 1

    Actually, no.. it was *released* in 2002. There were 2 years of very public previews and betas (that most people ignored because MS was so intent on marketing web services).

  30. *Seagate* ended his career?! by FishOuttaWater · · Score: 1

    "The amount of time Vaidyanathan was away from his chosen profession, both at Seagate and during the litigation, ended his career as a yield engineer."

    Was there some reason he couldn't work while he was suing Seagate? Is that a full time job?

    1. Re:*Seagate* ended his career?! by jimicus · · Score: 3, Funny

      I can just imagine the interview.

      "So, Mr. Vaidyanathan, I see you live in Minnessota now. How do you feel about relocating for this new role?"
      "I don't have a problem with it, but there's a good chance I'll have to fly back fairly regularly - possibly at short notice - over the course of the next year or two."
      "Really? Why's that?"
      "I'm suing my former employer".

  31. Re:Just shows how far HR is from people doing the by FatdogHaiku · · Score: 4, Funny

    Yeah. Just the other day I saw a job advertised where experience with Windows Vista was required to get the job, but nothing was said about being expected to work with Vista.

    That's just a check to make sure the applicant is a glutton for punishment...

    --
    You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
  32. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    How exactly do you get experience on a product that hasn't been finalized or put into production, dumbass?

  33. Re:Just shows how far HR is from people doing the by SlightOverdose · · Score: 2, Interesting

    We may laugh, but when I first graduated in 2003 there was a plethora of job advertisements in my area asking for 5 or more years experience with .NET

  34. Re:Just shows how far HR is from people doing the by hedwards · · Score: 1

    Indeed, but it's a problem because everybody thinks that they're entitled to that sort of requirement and it's been going on for years. If it weren't all the companies deliberately misadvertising the positions it wouldn't be a problem, but how exactly is somebody supposed to know that 4 years on paper means 1 year or so?

  35. Re:Just shows how far HR is from people doing the by hedwards · · Score: 4, Insightful

    In my view they need to also be careful that it doesn't have the effect of discriminating. The last thing that the HR department ought to be doing is going back to the days when certain folk weren't considered good enough even if they could do the job.

    And I'm not really exaggerating that much, in order to get work experience you have to have a job, but in order to get a job they're expecting to have several years of experience for even a basic job. Maybe they don't really mean it, but they could still end up in court explaining why it is that they're not advertising the positions accurately.

  36. All too common by ZDRuX · · Score: 1

    I was recently contacted by a hiring agency. I am currently working an entry-level IT position as a Technical Analyst at a major bank in Canada. I'm currently in college and am doing this as a co-op 4-month term. I posted my resume online because I wanted to start my career and not bother with school (if I were given a proper and well-paid position).

    I was called and had a phone interview. The interviewer was so pleased with me that we basically agreed on the salary over the phone and said he would send along the papers to be signed by me so I can start my new job in the next 2-3 weeks.

    I decided to wait until I sign to hand in my resignation at my current employer. After waiting 4 days I got impatient and called back, he simply said "Oh, uhmm.. ugh, sorry - the position was taken by someone else, I'm sure something else will come up".

    If I hadn't such a poor expectation of competency's from the general populace, I would have QUIT my co-op job (a big no-no), forfeited my co-op credit at college, having to repeat the course, and possibly never worked with this employer again, and god knows what else.

    --
    The magical number is: 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    1. Re:All too common by ledow · · Score: 3, Interesting

      Nothing surprising about that, in any country in the world.

      Don't do stupid things until you at least have stuff on paper. I was "promised" a huge raise / promotion by the head of the school I was working for. By his count, I would be god earning a living just from the interest on my wages. My immediate boss was about to retire and they wanted me to fill that position AND take over the IT of a few other schools they were merging with. When I asked for it written down, I got a bunch of excuses about hiring practices, HR regulations, local borough advertising requirements etc. but "the job was mine". I politely declined and he kept harassing me for the next few days about it until we had a sit-down meeting, just me and him.

      I learned several things:

      1) Bosses don't like being told that you don't trust them, but the look on their face when you're honest is priceless.
      2) Having another job already lined up - at higher wages and better conditions/hours - is a very, very large bargaining chip, especially if you don't tell them about it until halfway through the meeting (and especially if they don't realise that you could SEE the changes coming months before everyone else and already have something lined up). Having it actually written on paper, with full contracts, is a BIG advantage.
      3) The wonderful job / promotion you were offered initially pales in comparison to that which is offered after several rounds of the two employers directly fighting over you.
      4) No amount of wonderful job offers actually materialise until you see something on paper - in the end, they could only afford a part-time student on half my hourly rate to replace me. Needless to say, their IT suffered quite a bit. God knows what they'll do when my old boss actually does retire.
      5) Talking to me like a child and telling me that it's a wonderful opportunity for someone "my age" is made even more funny when they later go to my immediate boss and actually find out my true age and then all the condescending things they said in the meeting suddenly come flooding back to them. They thought I was 19, turns out I was 29. He either read my HR records wrong or just didn't bother to check at all. My immediate boss literally had to say the line "You *do* know how old he is, don't you? He's not a kid who'll fall for something like that."
      6) The satisfaction of going to a new job the next week and occasionally returning to visit your old workplace would cater for any amount of monetary loss once you witness what they have done to the place and who they end up hiring. It's made even better when your new job is paying twice what they were offering you.

      I will honestly never forget the look on his face: "Don't you think that's a great offer?" "No." "But why not, it's a wonderful opportunity for someone your age!" "Because I already have a superior offer and, to be honest, I just don't trust you can do what you're promising." Turns out, I was right.

  37. The Phantom (Job) Menace by Gumbercules!! · · Score: 1

    was his name Jar Jar?

  38. Re:Just shows how far HR is from people doing the by mehu · · Score: 5, Funny

    That's nothing. I once saw a web developer job that listed in its requirements "10 years of HTML experience".

    ...and this was in 1999.

  39. And that's why people can't get jobs and then they by Joe+The+Dragon · · Score: 1

    And that's why people can't get jobs and then they end up with gaps in there resume.

  40. Re:vwhat better 2 year degrees + real world work o by vigmeister · · Score: 1

    If the same kind of people went to both, the former might be better for some jobs. On the other hand, smart and capable students typically tend to favour 4yr programs which means you are more likely to find better talent coming out of a 4yr program.

    Cheers!

    --
    Atheist: Buddhist in a Prius
  41. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    Time machine

  42. Re:Just shows how far HR is from people doing the by JustOK · · Score: 1

    you really don't know?

    --
    rewriting history since 2109
  43. Re:Just shows how far HR is from people doing the by luther349 · · Score: 1

    hell better with 5 years real world work and no degree. i have no fancy degree and im running ibm 37 blades atm. was a local start-up hear and the guy that hired me couldn't find any admins with that kind of paper. i simply said i used to own a sun workstation for personal use years back and i got the job. now im running ibm blades. so i went with little exp and some networking skills. but with ibms gui and stuff any monkey with some pc skill can Handel em.

  44. Re:Just shows how far HR is from people doing the by luther349 · · Score: 1

    4 years on paper = 0 real work exp. they come in knowing whats on paper and no clue on anything else.

  45. Re:Just shows how far HR is from people doing the by man_of_mr_e · · Score: 1

    By using it, R-tard.

  46. Re:Just shows how far HR is from people doing the by luther349 · · Score: 1

    the entire market is messed up for getting jobs. they want a ged just to move boxes around or drive a forklift. and yes they adding these things to pretty much all jobs in a time where dropouts are high but unemployment is massive. i rember my company posted some low end job with no formal degree. are app server got so overloaded with people filing apps we had to shut it down. so yes there doing it to thing the herd due to there being plenty of people needing work.if unemployment ever goes back down to like 1% then jobs will relax the reqs being they will be desperate to find anyone with a pulse.

  47. Yea? so it was a targeted job listing.. by way2trivial · · Score: 2, Funny

    sometimes companies write a job ad so that only one person can fill it
    http://en.wikipedia.org/wiki/HTML#Origins

    Obviously, they wanted Tim!

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  48. Re:vwhat better 2 year degrees + real world work o by Hylandr · · Score: 3, Interesting

    Hogwash.

    So many people confuse education with intelligence. Education will *amplify* intelligence no doubt. But having done 4 years of pushing paper only means your good at pushing paper. It does *not* promise talent. in fact, most talent is driven from individuals during college. The corporate workplace wants and needs drones.

    End Rant.

    - Dan.

    --
    ~ People that think they are better than anyone else for any reason are the cause of all the strife in the world.
  49. Re:vwhat better 2 year degrees + real world work o by Eskarel · · Score: 1

    Depends on what you're looking for. A 2 year tech degree teaches you what to do whereas a 4 year one teaches you why you're doing it. That's not to say that people with a 2 year degree can't learn why or that people with a 4 year degree are always capable of learning what, but that's the general difference.

    Obviously doing a proper interview is the only real way to determine what someone is actually capable of, but if you're going to go off education alone, someone with a recent 2 year degree will hit the ground running fairly quickly but may not pick up changes in technology very quickly whereas someone with a recent 4 year degree but little experience will probably take a little while to get started but should, at least in theory be able to pick up technology changes a little quicker.

    A 2 year degree from more than 5 years ago however is worth absolutely nothing and may as well be ignored.

  50. Re:Just shows how far HR is from people doing the by Eskarel · · Score: 1

    I saw a request for 5 years .NET experience in Q2 2003 when I first graduated. About the only people who might have met that wrote the damned thing.

  51. Wow! Just Wow! by erroneus · · Score: 2, Insightful

    This is pretty amazing. This is what people risk every time they work for an "at will" employer in a state which permits this sort of behavior. I have only ever worked in such states and I've never known any recourse for such shenanigans existed. He couldn't sue in Texas, I'm reasonably sure of that. Bizarre that Seagate was stupid enough to pull this in a state where it isn't permitted. So good for this guy.

    1. Re:Wow! Just Wow! by jimicus · · Score: 1

      Doesn't surprise me that much.

      Seagate's a huge firm, and this guy was hired for a job that didn't exist but they were hoping that his presence would put them in a position whereby it would.

      Whether or not they knew that was illegal in Minnesota, they're unlikely to openly announce within the company that they're hiring people for nonexistent jobs - and they're hardly going to ask their HR department in that office to hire someone for a job that may never exist. In which case, their HR department isn't going to turn around and say "Er.... that might not be such a good idea."

    2. Re:Wow! Just Wow! by erroneus · · Score: 2, Interesting

      Still, the idea of "hiring for non-existent jobs" gets under my skin. I recall one period of time when I was between jobs, I received a lesson in the nature of recruiters and IT outsource companies. Naturally, I was already a bit leery of those types, but I was assured that it was a great opportunity [by the recruiter]. So I drove a rather long way, dressed up in my best suit. At the end of this interview, I was told that "as soon as a position opened up, I would get a call!" WHAT?! You mean there was no position for which I was interviewing? "No, this is all procedure..."

      They wasted my time and resources so that they could collect my resume to add it to a pile?! I was pretty pissed and of course I never heard back from them... not that I wanted to or expected to. I was already in a pretty desperate situation and that situation just made everything feel a lot worse.

      And back to "hoping that his presence" bit; that just doesn't seem like a sound business strategy. "Hope"? Also, maybe I need to go back and re-read it, but weren't they seeking to sell this to-be operating group?

    3. Re:Wow! Just Wow! by Zeinfeld · · Score: 1
      That happens all the time.

      I am just about to cash in a large chunk of stock I got for being on a company's letterhead for four years.

      They had a scheme that they were looking to do, they needed to line up investors. My name showed the investors that they had the necessary experience and knowledge on tap if they required it.

      Once they were funded the actual work was done by the guy i told them to get to do the actual work, which was the plan all along.

      The problem here seems to have been fraud. And you could sue for that in Texas or any other state where the laws are written to help employers exploit low paid positions.

      Its like the GOP rep who just went to congress and is upset that his health insurance does not start on day one after spending a year campaigning against public healthcare. Those rules are only for the little people like you. He wants his government healthcare but if you get sick you are going to die and the miserable bastard wont care. He is also going to make sure he gets his government pension even as he plots to spend your social security pension fund giving tax breaks to wall street bankers (who else earns a million a year). This guy is not the type of employee the laws are meant to allow to be treated this way.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    4. Re:Wow! Just Wow! by geekoid · · Score: 1

      If they lied, then yeah, they could sue in Texas.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    5. Re:Wow! Just Wow! by tompaulco · · Score: 1

      I don't even like being interviewed for non-existent jobs, but I have called back after several interviews to find out that the position they were trying to fill had never materialized. In fact, the company I work for now has on several occasions been told to go ahead with collecting resumes and taking interviews, and then when they found their candidate, the powers that be said they could not hire anyone. This is just stupid as it wastes the interviewees time and it's not like the people performing the interviews have nothing better to do with their day either.

      --
      If you are not allowed to question your government then the government has answered your question.
  52. Re:ally? by Anonymous Coward · · Score: 0

    That doesn't make sense at all.

    Where is the money she got from selling the house? Parties and drugs?

    And if she was good enough to warrant 180k/year I'm doubtful she couldn't find a position paying at least half that. Should sound like a bargain to any company.

    From 180k/year to McDonalds. Call Michael Moore, now.

  53. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    I was actually working with .NET and C# while it was in beta back in late 2000. I then when on to do a few years of Java programming before I returned to doing mostly .NET C# in late 2002. So yes you can have 10 years of experience with .NET although it is unlikely.

  54. they are now again looking for yield engineers... by Device666 · · Score: 1

    I quote" We are looking for yield engineers for all kinds of new technologies so we can become #1 in the following technologies..." Who needs competitors if you got such PR!!

  55. Re:Just shows how far HR is from people doing the by nitehawk214 · · Score: 1

    Yeah, the boundaries they are looking for in Java are always going up, its up to 15 years experience for a senior position.

    I hear James Gosling is out of work, though...

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  56. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    I've always been a fan of:

    *Experience with Java/Javascript

    (as if the two have anything at all to do with one another :p)

  57. Re:Just shows how far HR is from people doing the by FiloEleven · · Score: 1

    This is exactly what I ran into this year.

    The past two jobs I worked at were both very small companies that I learned about through networking. I had little to no experience in the languages I'd be working with in each (ASP and ActionScript) yet the companies were small enough that both were willing to interview me. When they did I showed that I have a very solid theoretical foundation that lets me pick up new languages easily--we all know this; if you know the theory then the rest is just learning syntax and proving your ability to implement things.

    The recession hit and I got laid off last November, and it's taken me until now to find a place that looks at more than the number of years I've worked with their favorite technologies. There's little more frustrating than knowing I'd be a great fit for the work a company is doing but can't even get an interview due to bad resume screening. The job market is such that a company can be picky, but I saw positions I applied for remain open for six months or more because no applicants had numbers that lined up with exactly what they wanted.

  58. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    I only started work in it in 2007, but 80-hour weeks are the norm here....

  59. Oh I'm sure the GP was talking about a real thing by Sycraft-fu · · Score: 3, Funny

    Been happening forever. Companies that think "years of experience" = good and just decide they need an arbitrary amount without any real consideration of what that means.

    Something along those lines I remember was back in 1999 when my roommate was looking for jobs. I had a wide skillset and was looking for a few kinds of jobs, a Linux sysadmin being one he was interested in. There were more than a few positions, what with this being .com boom time and all that. They all wanted MCSEs. Yes that's right, they wanted a Microsoft certification for a Linux only job. Reason was, of course, MCSE = sysadmin in their mind. They didn't know what it was, what it meant, any of that, just that MCSE = sysadmin. He was actually told this at one point. He got exasperated with a recruiter and yelled at them (he wasn't getting the job anyhow) for the stupidity. They said something to the effect of "MCSE is the industry standard degree for all systems administration."

    This shit will always happen.

  60. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    There's some truth to what you say. However, apart for people who had to run away from abusive homes or stayed in abusive homes and were psychologically damaged as a result (unfortunately far too many), if somebody couldn't make it through high school then they probably don't have the personal discipline to do most jobs available nowadays. Somebody who drives a forklift, moves boxes, or works at a sawmill will need to show up on time and has a good chance of needing to interact with computers. For the latter they will need some basic mental flexibility and capability for learning because computer interfaces change over time. Seriously, you don't need a lot for a GED: a reasonable competency in reading and writing English, arithmetic, some capacity for memorization, and some rudimentary analysis and problem solving skills. Driving a long distance freight truck nowadays needs some computer skills to find out your itinerary from an automated dispatcher. About the only jobs that might not need that level of skill are basic resource extraction jobs and, in Western nations, those are more rare than than they were 30 years ago because techniques like open pit mining are all about using powered equipment to improve productivity of the individual worker, thus reducing the number of workers actually needed.

  61. At will isn't the issue by Sycraft-fu · · Score: 1

    Really, it is something of a fair situation when you think about it since employees have the right to leave anytime they want.

    This situation is about bad faith. The company making an offer they had no intention of making good on. That is a whole different situation. It is perfectly legit for a company to offer someone a job, hire them, find out they don't work for whatever reason, and let them go. Even companies with strong employee protection almost always have this. I work for a state university which implies VERY strong worker protection (it is hard to fire people) but they still do 6-months of probation. When you get hired, your manager has 6 months to decide if they want to keep you. At any time during that they can decide it isn't working out and say "See ya."

    The problem here was they enticed him to leave his job and move, which is expensive and he couldn't get his old job back, for a position they knew they had no intention of hiring for. It was just a sham, a posturing game with another company.

    THAT is the issue and why he won a suit.

  62. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    My favorite:

    * Requires 10 years of C# experience

    (The .NET Framework was created in 2002.)

    This isn't insightful or funny just plain inaccurate. I was working in .NET, C#, ASP.NET in late 2000 while it was still in beta.

  63. Re:Just shows how far HR is from people doing the by spiffmastercow · · Score: 1

    What you know means almost nothing. What's important is how fast you learn. A solid theoretical foundation is more beneficial in that regard than a few VB6 classes you get fron the local VoTech.

  64. Respectfully, I disagree by Weaselmancer · · Score: 5, Interesting

    But having done 4 years of pushing paper only means your good at pushing paper. It does *not* promise talent.

    I agree with you here. Talent is not a guarantee with a college degree absolutely. But it does guarantee something that actually is important to employers. A college degree is a statement that you can attempt a large and difficult and often times dreary task and stick through it to the end, and actually see it through to the end. A degree says determination. Employers love determination. That's what gets projects done on time.

    in fact, most talent is driven from individuals during college.

    Here is where we disagree. K-12 is like that, but college certainly isn't. I loved college intensely. If I hadn't gotten married along the way I'd be a prof myself by now. Where else can you go into a building and have PhD's explain interesting things to you all day long? It's wonderful.

    I loved my engineering courses. I look at the world with new eyes now. For example, I know that shape a power line makes is a catenary, and I know why it looks like that. Hell, I even liked the goofy other stuff they made me take. I still lean on my Economics class for insights into the world around me. I know why the GDP is important. And public speaking. I teach classes on our software every so often and each time I walk into a room full of strangers I think of Dr. Dial who taught me how to speak to crowds. And even a poetry appreciation class where they taught us how to pull meaning from words and dissect advertising. I can tell you how you are being manipulated by any advertisement 9 times out of 10. I mostly avoid TV and advertising now because of that class.

    I positively bloomed in college, and found it to be the most enriching time of my life.

    --
    Weaselmancer
    rediculous.
    1. Re:Respectfully, I disagree by ultranova · · Score: 1, Insightful

      A college degree is a statement that you can attempt a large and difficult and often times dreary task and stick through it to the end, and actually see it through to the end. A degree says determination. Employers love determination. That's what gets projects done on time.

      What college degree says is debt, and a lot of it. Employers love huge debts, since desperate people are easier to force work 14 hours a day with 8 hour pay. That is what gets projects done on time and gets the boss a bonus.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    2. Re:Respectfully, I disagree by random_guy666 · · Score: 1

      Actually, employers hate debts. It implies that this person needs money desperately and may be willing to do anything to get it (similar to what you said with the 14 hour days). However, the employer would be more afraid that a person with excessive debts would be more likely to steal from them. This is obviously something they do not want. I can't disagree with you fully though. I would imagine an employer would prefer student loans debt to any other kind because this means the person has an education (assuming they didn't drop out and still have large amounts of debt), and, as the guy you quoted said, determination.

    3. Re:Respectfully, I disagree by intheshelter · · Score: 1

      I doubt you will get credit from anyone else, but pat yourself on the back. Yours is the single most insightful post I have ever seen.

    4. Re:Respectfully, I disagree by tixxit · · Score: 2, Informative

      What an American college degree says is debt.

    5. Re:Respectfully, I disagree by SoTerrified · · Score: 1

      I knew as soon as you started typing that you had an engineering degree. I believe the OP was referring to the number of 'soft' degrees like sociology, philosophy, literature, etc. which are nothing more than dreary paper pushing. Whereas engineering was like a world of wonder everyday. For people like us, spending the day doing nothing more than figuring out why things are what they are, how they work and looking for new ways to make them work is fun! Like you, I too found college to be the most amazing, enriching time of my life.

      (I picked up degrees in engineering and computer science, but at a time when computer science was part of the college of arts & sciences. So I speak having had a foot in both worlds.)

    6. Re:Respectfully, I disagree by Anonymous Coward · · Score: 0

      A college degree is a statement that you can attempt a large and difficult and often times dreary task and stick through it to the end, and actually see it through to the end. A degree says determination. Employers love determination. That's what gets projects done on time.

      Like he said. Drone.

    7. Re:Respectfully, I disagree by nabsltd · · Score: 1

      Employers love determination. That's what gets projects done on time.

      An untalented but determined person is likely to take a lot more time to complete a project, since they will take so much extra time on false starts, making mistakes. I'd much rather have a person who either already has necessary skills (or is able to acquire them quickly), since even if they can't see the project through due to lack of "determination", they might have done so much towards completing it that others can step in and finish.

      The reality, though is that the more skilled people don't need "determination" to complete a project, because they don't spend so much time on it that it becomes a chore that requires them to "fight through it". On the other hand, if your organization is Dilbertian and there are many people who are working to stop projects, you might require determined people, because you sure as hell won't have the skilled ones...they'll all leave for better jobs.

    8. Re:Respectfully, I disagree by Billly+Gates · · Score: 1

      Yes I am more broke now paying off my loans but you know what? If I didn't get a degree I would be selling printers at OfficeMax and flipping burgers at a 2nd job. Without the magical piece of paper you wont get through most HR filtering policies.

      In 10 years when I am 43 I can finally start my life and know I can save and live the American dream after it is paid off. I see college degrees now for secretarial science. +5 years from now you will need an associates in secretarial science in order to answer phones and show you can add and subtract and do basic reading and math. Our public education system is so bad that most employers simply do not trust anyone without a degree to be reasonably intelligent unless you have years of experience. You can't get experience without the degree.

      I wish life was easier but what can you do?

    9. Re:Respectfully, I disagree by Anonymous Coward · · Score: 0

      Basically you like knowing stuff that other people don't know, and being able to tell them that. Right on.

  65. Re:vwhat better 2 year degrees + real world work o by PitaBred · · Score: 1

    No, the corporate workplace wants drones. What it needs is someone up top who recognizes that they don't actually need drones, they need talented people that are rewarded for loyalty.

  66. Re:Just shows how far HR is from people doing the by Lemmy+Caution · · Score: 3, Insightful

    How about comparing an 18-year old with no work experience and no college with a 22-year-old with no work experience and a 4 year degree? Because that's really the difference in comparing career entry points.

  67. Re:Just shows how far HR is from people doing the by Idbar · · Score: 1

    I'll second you on this one. If they ask too much BS, they'll get someone that talks to much too.

    I don't know why HR and managers don't appreciate honesty, but rather go with someone that managed to convinced them about their own fairy tales.

  68. Re:Just shows how far HR is from people doing the by TheLink · · Score: 1

    An HR department that appreciates bullshit (and doesn't appreciate honesty) will gradually lead to a company full of bullshit (if it's not already such a place).

    If you wouldn't want to work in such a company, it's to mutual benefit to find out early - whether they reject you or you turn them down.

    Same for those companies who don't hire you just because they see some facebook photos of you.

    --
  69. Re:Just shows how far HR is from people doing the by Third+Position · · Score: 2, Interesting

    Sounds like they already have the perfect candidate in mind from India on an H1B. They simply take his resume and adjust the requirements to match it so that no-one else will be able to qualify.

    Yep. You nailed it.

    --
    American Third Position
    Finally, a real choice!
  70. Re:Just shows how far HR is from people doing the by michelcolman · · Score: 1

    Just reply with a resume saying you have 15 years of C# experience. Chances are, you'll get hired.

  71. Re:Just shows how far HR is from people doing the by Darinbob · · Score: 5, Insightful

    Those are all HR filters. Getting a job by going through HR is always the hardest method. Especially if it's a more generic sort of job. Better to get your resume into the hands of actual people who know what the job entails. Usually that means having contacts. It's still a good idea even then to get some meaningless buzzwords into the resume, because I've seen some HR people push back even when the resume is handed to them from the hiring manager who says "I like this person, bring them in for an interview".

  72. Re:Just shows how far HR is from people doing the by Darinbob · · Score: 1

    I had a job once that was a bit overqualified for, and a few weeks in the boss was impressed after I finished up the first assignment sooner than he expected. He said "I just assumed you had padded your resume like everyone else."

  73. Re:Just shows how far HR is from people doing the by Darinbob · · Score: 1

    I remember the 5 years of Java requirement showing up in 1996.

  74. Re:they are now again looking for yield engineers. by michelcolman · · Score: 1

    Where do I apply?

  75. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    I saw one a few days ago that was for an IT Support Analyst.

    The usual IT support requirements along with a line that read

    "you will be expected to work with the development team developing applications"

    and one line ".NET"

    So what are you after? IT Support or a Developer? or Both! All for less than either is worth!

  76. Re:Just shows how far HR is from people doing the by mysidia · · Score: 1

    And that's why you see stuff like need 5 years for low level jobs as well as the need B.S / PHD for lot's of tech jobs that don't need one.

    I've seen better.... Web Programmers wanted... Requirement: 20 Years experience developing software using ASP.NET and Visual C#

  77. Re:vwhat better 2 year degrees + real world work o by AuMatar · · Score: 1

    You're missing 2 big facts:

    1)Most 2 year degrees are from diploma mills.
    2)Most 2 year degrees will mean they know how to solve a small set of problems. It doesn't mean they can solve anything they've never seen before, and in my experience they either can't or will take way too long to come up with a bad solution.

    IMO, a 2 year degree isn't worth the paper it's printed on. If I got a resume from someone with a 2 year degree, I'd treat it as equivalent to no degree.

    --
    I still have more fans than freaks. WTF is wrong with you people?
  78. Re:vwhat better 2 year degrees + real world work o by Captain+Hook · · Score: 2, Interesting

    Education will *amplify* intelligence no doubt.

    The other way round surely, a higher level of intelligence allows you to learn new stuff quicker. i.e. Intelligence amplifies education.

    --
    These comments are my personal opinions and do not necessarily reflect the opinions of the other voices in my head.
  79. Re:Just shows how far HR is from people doing the by jimicus · · Score: 1

    The HR department filters out all the replies from honest people who don't have 5 years of experience of .NET then when someone with a clue gets hold of the CV prior to interview, they immediately disqualify the applicant for being a liar.

    Three months later the position still hasn't been filled and management are wondering where all the "highly qualified" staff are and why they're not applying.

  80. Layed off from subsidiary of Seagate recently... by Anonymous Coward · · Score: 1, Interesting

    Zero notice, no severance, 2 days of health insurance.
    Their policies, methods, and management suck. Don't ever work for them.
    I've been contacted by others who had similar experiences in the past.
    Highly unprofessional.

  81. Re:vwhat better 2 year degrees + real world work o by Kjella · · Score: 2, Interesting

    That depends on whether you consider intelligence a talent or a skill. Your talent is an innate ability which gives you a natüral level and a potential, while your actual skill will depend on training. Intelligence as measured by IQ tests will improve with education, as well as other mental challenges. So I would say both effects are true, you will both learn more and get better at the process of learning. You might say that this is only experience and not intelligence, but there's really no test that could separate the two. You are always the sum of what you were born with and your life up to now.

    --
    Live today, because you never know what tomorrow brings
  82. Re:Just shows how far HR is from people doing the by roman_mir · · Score: 3, Funny

    Big deal, I have 35 years with C# and I am only 34.

  83. Re:vwhat better 2 year degrees + real world work o by MetalAngel · · Score: 1

    The corporate workplace wants and needs drones.

    Ok, you are working at the wrong company. The whole point of workers is that they use their brains. Drones aren't good for anything. Learning, out-of-the-box-thinking are very very important. In my company drones get kicked out immediately.

    Cheers!

  84. Re:vwhat better 2 year degrees + real world work o by Angostura · · Score: 2, Insightful

    So many people confuse education with intelligence

    ... at which point you decide to conflate experience and talent, apparently.

  85. Re:vwhat better 2 year degrees + real world work o by Dan541 · · Score: 1

    A year in the real world is more valuable than a 4 year degree in many cases. People do learn surprisingly fast on the job and someone who's held a job for at least a year (ideally more) has shown that they can stick at it.

    --
    An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
  86. talking down... by Anonymous Coward · · Score: 0

    I used to experience that too, since I look younger than I actually am. Some people still think I'm in high school even though I'm 28. Eventually I learned to dress better/ more professional, and suddenly everyone started to call me "sir". At first I just bought fitted clothes off the mannequin, but I'm slowly learning how to put things together.

    Now I'm not saying that you don't dress well, etc - since you don't mention anything about that. But I'm just saying, this is what worked for me :)

    Good luck!

    1. Re:talking down... by ledow · · Score: 5, Interesting

      Er... I *don't* want people to know my real age. I *do* look younger than I am and, yes, I do dress down (nothing that could be described better than "casual" during working hours) and have done so since I left uni. It's a kind of privilege that comes from being one of the highest-paid people in my workplace and one of the most critical (my employers are *always* worried about me leaving / getting caught under a bus). The official rules state that the dress code applies to everyone. Somehow every school head I've ever worked for has successfully managed to carve out an exception for that rule for me without me even having to ask or it having to come up in any conversation - while simultaneously berating other staff about exactly the same thing.

      I like people being off-guard, getting the wrong idea and underestimating. It makes work-life fun, especially when things like this happen. My entertainment at work is primarily derived from watching other people's pathetic attempts at screwing me over. I actually won a contract by that method once - I was asked to look at an IT system that a large educational company had put into a school. I delivered my verdict to the school in question after the existing contractor had introduced himself to me while I was studying the system. Because I was "just a kid", they came up with lots of bullshit excuses for why the system was so bad, told the school not to hire kids to work on it, and basically tried to smear my name. It proved embarrassing for them when I had to deliver a report to the school on the suitability of their system, having been hired to do exactly that, and was able to quote lots of shortcuts and corner-cutting that they'd done and then tried to pass off with made-up technical explanations (and in some cases had unwittingly implied in what they'd said because they didn't think a "kid" would be listening to what they *weren't* saying). Not only did they make a fool of themselves, they were unable to counter in the meeting because they were caught completely off-balance - having believed that I was just "the IT kid" the school had brought in, rather than an IT consultant hired to evaluate their system - they lost the support contract to me.

      It wasn't a one-off. People agree to meetings with me because they assume I'm just the IT kid and they can out-speak me when it comes to meetings between them, myself and my bosses. One guy tried to sell us a Linux network that could "run the Ranger suite" of network management software that we were using on the Windows domains for kids - apparently "there's this thing called WINE that will just run everything Windows on Linux". He didn't like the meeting where I pointed out that I actually know the WINE code quite well, and have my own patches for it, and that I could demonstrate how well WINE would run an AD-connected, group-policy-integrated network management Windows app that would do things like enforce kids not clicking on Control Panel or forcing file associations or even doing things like manage AD users when run on Linux. Let's just say, if you could get past the setup routine at all (with lots of hacks) then it probably *wouldn't* crash if you just ran the desktop client portion of it but it would be hard-pushed to then do things like remove the control panel from the Linux desktop, or stop kids accessing USB drives. He actually stormed out of that meeting (I'd never seen someone do that in a professional meeting before) and lost several hundred thousand pounds worth of contract - I heard he was sacked sometime after. I offered to build a Linux thin-client system better than the company were offering in an afternoon, and did it.

      Or when the IT teachers try to claim that their lessons were unable to continue because the IT gear was out of order (i.e. the "blame our not meeting OFSTED inspection criteria on the IT guy" rap). Turns out they never think that I might actually have complete logs of everything, including service and computer availability down to the nearest 5 seconds, or that I de

    2. Re:talking down... by Anonymous Coward · · Score: 1, Insightful

      Christ, you sound like a prima donna. You obviously know what you're talking about, but working with you would just be too painful.

    3. Re:talking down... by SoupGuru · · Score: 1

      It sounds like you're very proud of being an insufferable prick that no one wants to work with.

      --
      What doesn't kill you only delays the inevitable
    4. Re:talking down... by wolfgang_spangler · · Score: 1

      that is what I read too.

    5. Re:talking down... by geekoid · · Score: 1

      Your whole post boils down to this:

      You have bad employers.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:talking down... by Z8 · · Score: 1

      Yes, but he still sounds better than the other people he works with.

    7. Re:talking down... by pimproot · · Score: 1

      I see the BOFH spirit is alive and well.

  87. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    The pendulum has swung the other way with Federal IT jobs. To qualify for a position, a candidate must meet either the experience requirement or the education requirement. An entry level GS-9 end user support announcement will typically specify 1 year of experience OR a Master's Degree. A GS-11 job? 1 year experience or a P.h.D.

  88. Re:Just shows how far HR is from people doing the by gl4ss · · Score: 1

    one of the reasons why I picked it/coding/computers as the way for me to possibly be able to get a career going was that I knew I could actually get work experience without anyone employing me. what that means that I'd have the access to tools of the trade regardless of what anyone else thought of me. it worked for scoring work.

    due to unlucky circumstances I've had to change jobs twice in past 2 years, in an extremely competitive job market, on both cases I had new job in 1 day. extremely lucky I guess and maybe I'm a better job hunter when I got pressure on me - but on the other hand I know people who've been just hunting a job for these two years without success, people with papers and a LOT more courses done in the university than me. on paper they should've been better choices in every regard, but they have nothing to show. no programs they can say "i did this", it's starting to make a LOT of difference nowadays around here, to weed out users from developers - it wasn't like that 7 years ago.

    I'm on extended hiatus from earning my ms.c, mostly because those courses suck and
    have nothing to do with what happens in the firms 800 meters from the university(and yes! they're actually supposed to reflect whats happening, that's how they spin it when they teach).

    I got no intention to finish my msc anytime soon - for many reasons, one being that life is too short to listen to theoretical musings about how things should be developed. another is that social security would net me more money than student benefits if I went unemployed now. relatives keep asking me when I'm going to finish my studies though, but they got no idea about current job market realities - there's so many educated people that the papers have lost all their meaning(also the university in the past 10 years hiked up the amount of new people admitted in each year and dropped the exam limits to get in).

    actually, for the same reasons I'm not scared of unemployment even, I could just keep doing what I'm doing all day long even on social security. only then I would own my output and could maybe release something that would get me working again.

    --
    world was created 5 seconds before this post as it is.
  89. Dallas to Minnesota? Pffft that's nothing! by ubergeek · · Score: 1

    I quit a software dev job in Canada, sold everything I owned and moved to Germany for a job that I was offered in control systems engineering. Upon my arrival I was told that I would have to wait a little while to start. Four months later no word from the company. Eventually they said they had changed their mind and hired someone else. I had done this all based on a verbal agreement and so there was nothing for me to do but go looking for another job. That was pretty awesome.

  90. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    When you list 20 to 30 different must-haves, then note the salary is entry level, what is that supposed to tell the applicants? You need 10 years of experience with SANs and fibre lines, every OS since Windows for Warehouses, long strings of certs, but the starting salary is mud-level. Translation: We want the sky, we WANT Superman or Wonder Woman, but we won't pay for them. Great. It ends up being a zero-sum game.

    If any of the applicants are qualfied for the job, they won't need to settle for the peanut pay, so you won't get them. And people who would settle for peanuts won't likely have the prerequisites, or they will be damaged goods in some other way, so you won't get them.

    But in the end, it is usually easier to lower standards than increase the pay.

    We had someone apply here not too long ago who on paper had all the skills we could want (of which a person would only ever use 1/3rd here), seemed to really knew his stuff and would work for the pretty sad opening pay. Looked great. Turned out he was a convicted sex offender. Googling his name turns up his mugshot. Suddenly it was clear why he would work for cheap. To be fair, he never got as far as admitting he was an offender. We would have asked, naturally. It's on the HR form and would have come up in the background check. But he didn't make it that far.

  91. Re:Just shows how far HR is from people doing the by jd2112 · · Score: 1

    No, 5 years experience for an entry level position (and pay) is so that the HR department can claim there are no suitable candidates an therefore can justify hiring the H1B worker they wanted to hire all along.

    --
    Any insufficiently advanced magic is indistinguishable from technology.
  92. $1.9 Million Jury Award by SirGarlon · · Score: 1

    The key word here is "jury award." Exorbitant jury awards are routinely reduced by a judge. But then, the actual amount of damages Seagate ends up paying would not make as big a headline.

    IANAL but I've been on a jury. It is hard enough to get 12 people to agree on findings of law, that I think trying to determine appropriate damages is just asking too much. Juries are bad at it, and the judge's instructions on awarding damages (for us at least) were surprisingly vague.

    So before any libertarians (I know you're out there) get worked up over Seagate getting screwed by the courts, please bear in mind two things:

    1. This large amount of damages was decided by a jury, not an "activist judge"
    2. It will probably be reduced by a judge.
    --
    [Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
  93. Re:Just shows how far HR is from people doing the by TheLink · · Score: 1

    a LOT more courses done in the university than me. on paper they should've been better choices in every regard, but they have nothing to show. no programs they can say "i did this"

    Well if you were looking for an artist, who would you pick:
    a) someone who has an art degree, done lots of art courses in the uni, but has not much of a portfolio, the last work done was a university course project half a year ago.
    b) someone who has done stuff in the past 3 months (even if not work related), semi-consciously without prompting doodles cool stuff on the piece of paper left on the interview table. The "art" is practically overflowing out ;).

    --
  94. Re:vwhat better 2 year degrees + real world work o by Moryath · · Score: 1

    Rewarding for loyalty stopped the moment the magic "outsourcing" and mass-corporate-takeover scams began.

    My father worked for a company for 25 years, only to get shoved out the door when a multinational bought his company up just for the patents and then shit-canned everyone. Since that time, every job he's been in has been the same way: the company exists *just long enough* to develop some patent or product. Then the company gets bought out, everyone gets shit-canned as they shut down all local offices, and "continued development" is moved overseas and ceases to be about making the product better, but instead making it out of this shittiest, crappiest components designed to break within a month of the warranty expiring.

    There is no such thing as loyalty anymore - companies don't see their employees as valued, they have no loyalty towards them, so it should be no surprise that an entire generation's decided that loyalty to your employer is just a sucker's game.

    As for the corporate types: the assholes at the top are all soulless shits who need to be shot, because they're the ones who got us into this mess.

  95. Re:vwhat better 2 year degrees + real world work o by DrgnDancer · · Score: 1

    It's like anything that attempts to judge someone based on standards or attempts at "objective criteria". You don't *know* these people, you don't have anyway to realistically judge which one is the better choice. So you've got a guy with a two year degree and a couple of year worth of tech support or data center grunt experience vs a guy with a 4 yr degree. You know that *on average* the guy with the four year degree had better grades in high school and is capable of "sticking it out" to make a goal.You know the other guy *on average* had worse grades and/or was less motivated, though he also has a couple years of possibly relevant (or not) experience. Beyond that you don't have much to go on. Their resumes are equally blank slates for all intents and purposes. The relative value of an couple extra years of college vs some really grunt level experience is pretty damned hard to judge. So most places make the judgment call that the guy with the degree was either smarter or more motivated or more goal focused and they go with him.

    They could easily be wrong. The other guy could have just been a bit less lucky with scholarships, a bit less willing to take on debt, or just unfortunate enough that his high school didn't offer Glee Club and that was the thing that would have gotten his university application over the top... but again, all they work with is averages and standards. They don't know either of these guys. At this point they're a couple of pieces of paper with names and really short career histories written on them.

    You see this with job selections, college admissions, even sports team selections and video games (you should see the way that "Gear Score" polarizes WoW players). In the absence of real objective or subjective criteria to make a choice, people turn averages and assumptions into "objective criteria". They don't really have a choice. If you have to weed through 100 resumes for an entry level systems admin job, you have to apply some kind of criteria or you'll go mad.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  96. Re:And that's why people can't get jobs and then t by Sprouticus · · Score: 1

    If you have a gap in your resume, you are not working hard enough

    1) Training (formal and informal)
    2) Open Source projects
    3) Volunteer work
    etc

    There is plenty you can do to keep you resume full while out of work.

  97. Re:Yea? so it was a targeted job listing.. by Moryath · · Score: 5, Insightful

    Actually, most of those ads are written so that *no American can possibly fill them*.

    They're called "PERM ads", and they are designed to do an end-run around the US's H1-B Visa system. They run completely fake, ludicrous ads that look a lot like this analysis here.

    Then they lie their asses off claiming they "can't find qualified Americans" for the job, and proceed to try to hire H1-B's (who are locked in to one employer and get shit wages) instead. Meanwhile, Americans who actually DO qualify for the job are shut out of the hiring process, since when the employers go looking in India or elsewhere, the job requirements magically return to what's actually going to be needed on the job.

  98. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    Truly, your mother is a sainted woman...

  99. So how much do yield engineers earn? by tehcyder · · Score: 1

    Is the $1.9m for lost earnings? How many years' worth?

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  100. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    Thinning the pool isn't always a bad thing. I advertised for a programmer and got an application that listed little post secondary education and department store cashier as work experience.

  101. Re:Just shows how far HR is from people doing the by DrgnDancer · · Score: 1

    I see this idea postulated a lot, and I have not doubt that it's part of why some job descriptions are written the way they are, but it's not a universal reason. I see the same kind of inflated job requirements on DoD contracting jobs and we *have* to hire US citizens. It's mostly, so far as I can tell, a fishing expedition. You advertise ridiculous requirements in the hopes that the person you really want (who is still overqualified, but not as badly as you ask for) will apply. For example:

    I was hired to be a systems analyst for a very large Fortune 50 contracting company. They paid me pretty well to do most of the systems administration for a classified lab in one of their facilities. Here's the thing 95% of the time the systems I managed were completely locked down. They couldn't be changed except with the approval of a Change Control Board, and then only according to specific procedures produced by the system's development or maintenance team. So 95% of the time my job consisted of either following a procedure like a trained monkey, or providing a root login for someone from the system's maintenance group to do something.

    In the first couple of months I often wondered why I had been hired, and what they were paying me for. To my certain knowledge they had rejected at least two previous candidates because it was felt they lacked sufficient Unix experience. So far as I could tell you barely needed to be conscious to do this job, much less have Unix experience. It turned out that the *other* 5% of the time, when shit was hitting the fan, and expensive simulation budgets were on the line, they needed someone who could fix stuff. Fast. It was amazing how many procedures and quality assurances rules could be bypassed or waivered when FTG-023940324309480932-b was about to go tits up because some systems couldn't get to an NFS share.

    So basically they did an exhaustive search for a senior analyst to do a job that any kid fresh out of college or tech school could have done for 1/3 what I was making... mostly just so I was on hand in the event of emergency. I'd been unemployed for a few months before I got that job, so i was pretty happy to get it and have it (especially as it was during the recession), but I must admit to being pretty happy I'm not still stuck in it.

    --
    I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
  102. Re:vwhat better 2 year degrees + real world work o by BVis · · Score: 1

    You don't live in the USA, do you. Employers don't want people that use their brains. Employers want people that do what they're told without any complaining about 'working conditions' or 'fair pay' or 'being treated like human beings'.

    --
    Never underestimate the power of stupid people in large groups.
  103. Re:vwhat better 2 year degrees + real world work o by aardwolf64 · · Score: 0, Offtopic

    Maybe if you had more education you'd know the difference between "your" and "you're"... Just sayin'...

  104. He should've walked away by bytesex · · Score: 1

    I was once hired for a job that didn't exist. I quit on my own a year later.

    --
    Religion is what happens when nature strikes and groupthink goes wrong.
  105. Good. by Legion303 · · Score: 1

    Here's a similar story, unrelated to Seagate but related to the story. Back when a major telecom firm rhyming with "Goose Lint" laid off pretty much everyone (2000), they told a co-worker of mine that he had to move to the east coast in order to keep his job. Not wanting to be laid off, he reluctantly complied. About two weeks after taking his new position there, the cocksuckers laid him off anyway, at which point he hung himself.

    As it turns out, when companies fuck over people, their friends will get on Slashdot and badmouth those companies.

  106. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    Yikes, judging by all the errors in your post, I'm going to guess you've been denied a job because you don't have a G.E.D.

  107. Re:Just shows how far HR is from people doing the by clodney · · Score: 1

    There's always some arbitrary line in the sand used to cull the pack. Why should a non-necessary degree requirement be any different than tossing any resume that has some minor grammatical error?

    I'll cut non-native English speakers a break, but if you can't put enough care into your resume to ensure it does not have typos/grammatical errors then you are sending me a signal about your attention to detail and devotion to quality, both attributes I consider important for developers.

    I'll let a misspelling or punctuation error slide by, but anything more than that and you start with a red flag.

  108. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    In 2004, I interviewed for a job requiring "7 years of Microsoft .NET experience". I tried to gently explain that I was pretty sure that, even if I'd been on the development team /making/ .NET, that was impossible. They then ultimately turned me away(despite the fact that I'd been doing work w/ .NET since the 1.0 framework was formally released) because they had "candidates with more experience with .NET." Which to me means: liars, since I really was about as current on that tech as I possibly could've been at the time.

    Somewhere, a lot of companies have a sheet that says something like "Sr. Developer" = "7 years of experience with related technologies." And by God, they're going to find that guy, even if it's impossible.

  109. Re:Just shows how far HR is from people doing the by bberens · · Score: 1

    Depends on what I'm doing. If I'm writing webapps with jquery and JSF I'd rather have someone who took a JSF and JQuery class than random guy who can pontificate about the benefits of MVC and the intricacies of garbage collection. If the job requirement changes I'll expect my (usually cheaper) guy to take another class or replace him with someone else who did.

    --
    Check out my lame java blog at www.javachopshop.com
  110. Re:Just shows how far HR is from people doing the by bberens · · Score: 1

    Age discrimination is illegal.

    --
    Check out my lame java blog at www.javachopshop.com
  111. Re:Just shows how far HR is from people doing the by rtb144 · · Score: 1

    That's funny - I worked with a lady in 1999 that claimed to have 10 years of HTML experience on her resume. We figured she was writing code in hopes of a browser that would some day run it.

    --
    Sie ist tunbar!
  112. Re:Just shows how far HR is from people doing the by bberens · · Score: 1

    Depends on the type of art I need.

    --
    Check out my lame java blog at www.javachopshop.com
  113. Re:vwhat better 2 year degrees + real world work o by Courageous · · Score: 1

    Intelligence as measured by IQ tests will improve with education...

    Not a well-designed IQ test, no. Tests of childhood intelligence might give you this impression, but this is because the brain is still developing.

    C//

  114. Re:vwhat better 2 year degrees + real world work o by operagost · · Score: 1

    If anything, this is a good reason to ensure that we learn how to start our own businesses and make sure the government doesn't keep trying to create a "workers' paradise", making that impossible. Being a lifetime employee is an obsolete notion.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  115. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    My first job was with a gov't agency. My manager really wanted me, but I had to go through HR first, so they sent me a list of things to include on my resume to make sure I'd get through the initial screening.

  116. Re:Just shows how far HR is from people doing the by operagost · · Score: 1

    I'll rick that you were joking, but age discrimination is only illegal if you're too old, not too young.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  117. Re:Just shows how far HR is from people doing the by GreyGroom · · Score: 1

    You just have to count overtime. A year is 40 hrs * 50 weeks = 2000 hours per year 20,000 hours spent and you have 10 years experience. If you believe that 50 to 60 productive hrs a week for 40 hrs pay for a poor review and a threat of loosing your job is OK and normal then you may want to check what is in your coolaid.

  118. $1.9M is a bit much by davidwr · · Score: 1

    I would've limited actual damages to the DIFFERENCE between what he reasonably would have made (total compensation) had he stayed at TI for the next 10 years or until age 65 whichever comes first and what he reasonably could make over the same time period given what happened, plus other actual damages like 2 moves, lawyers fees, etc. The 10 year limit is because nobody can predict whether he would've been employed at TI or anywhere in that field a decade down the road.

    Let's run some numbers:

    Assume he would've been making $150K as a manager at Seagate after the first year. He was making $109K at TI. With benefits let's call those numbers $225 and $165. Let's assume he wasn't in line for a big promotion at TI.

    Even with a career-ending 2-year break he can go back to school for a couple of semesters to get his skills current and he should be able to pick up a $70K/year job fairly easily given the recent boost in tech hiring for people with current skills. Assume $70K translates into total compensation of $105K.

    That entitles him to:
    2 years of wages for the duration of the lawsuit at 2 X $165K = $330K
    1 year of wages for the duration of retraining $165K
    2 semesters of education, assume a good public university non-credit-for-degree graduate-level classes at $15K.
    7 years of the difference between $165K and $105K = 7 x $65K = $455K
    Emotional costs for him and his family related to giving up a career, moving, etc. = $1.
    Actual costs related to the impact on a spouse's career = ???
    Reasonable and actual costs cost of two moves - to Minnesota and from there to his school or next job = ???
    Reasonable and actual legal fees = ???

    Total = $0.965001M + spouse career actual damages + moving costs + legal fees

    Without punitive damages or unusually high ???-expenses there's no way this would reach $1.9M.

    As a judge, if there were punitive damages I'd be inclined to levy them personally against the actual executives and possibly managers who knew what was going on and knew it was illegal rather than the company's stockholders if the law allowed me to do so. If the law doesn't allow it then it should be changed.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  119. Re:vwhat better 2 year degrees + real world work o by GSloop · · Score: 2, Insightful

    Read the works of Carol Dweck.

    What we claim to "know" about intelligence is probably just bloody wrong.

    I can't take time to elaborate much more, but in short her tests showed students doing much better when told they were "Trying hard" vs. "Smart."

    When you think you did well because you were smart, and not because you put forth lots of effort, it has all sorts of weird distortions in real life. In short, students who thought they were immutably "smart" did all sorts of things to protect that smartness - including not trying harder things, doing much worse when they did try because they worried about being labeled as "stupid" when they failed etc.

    If you're "smart" and there's nothing you can do to change that - and you're smart because you succeeded, you'll be very careful about anything that might change your label to "stupid." And failure is one thing that will label you as stupid.

    And remember, it's immutable - you're either smart [by an IQ test or something else] or stupid and there's nothing you can do to change that.

    So, while I'd agree *in theory,* that there's some upper limit on the raw horsepower someone has, I don't think we really know where that limit is, and in practical terms it simply doesn't appear to work that way.

    Individuals who put forth lots of "effort" are likely to vastly expand their capabilities. Perhaps one might be able to detect some upper bound beyond which they can't expand their capabilities any more, but from what I've seen, we've never determined it.

    Also, see
    http://en.wikipedia.org/wiki/Jaime_Escalante

    This is an example of "effort" based results vs "inherent intelligence."

    -Greg

  120. Re:Just shows how far HR is from people doing the by kannibal_klown · · Score: 1

    The year that .Net went productive, I saw postings asking for 5 and 10 years of .Net experience

    It sometimes boggles the mind.

  121. Re:Just shows how far HR is from people doing the by tompaulco · · Score: 1

    Age discrimination is illegal.
    Is it really illegal? If it is, then most every company in America ought to have been sued out of existence already.

    --
    If you are not allowed to question your government then the government has answered your question.
  122. Re:vwhat better 2 year degrees + real world work o by GSloop · · Score: 1

    Additional follow-up:

    Current research also shows extensive brain development far into adulthood.

    I know what you have said is, or has been, accepted as "common" wisdom, but I think research is largely showing that these assumptions are simply either wholly wrong, or wrongly applied.

    Brain development can occur long after a young age.
    Effort [especially the right kinds of effort] can stimulate brain development.
    Brain development can vastly increase your apparent ability.

    So, IMO, your "IQ," as we've understood it, can be changed.

    [All that said, and as I said in my prior posts, I'd probably agree there's some upper limit. I just think it is so poorly understood that it's a mostly useless theoretical point.]

    -Greg

  123. Tax companies that layoff by Anonymous Coward · · Score: 0

    That makes a lot of sense. We should penalize companies that are struggling. That will create an incentive for companies to be profitable.

  124. Re:Just shows how far HR is from people doing the by tompaulco · · Score: 1

    Back in the early '90s, we posted a position in the newspaper for a Fortran and C programmer. The newspaper did not spell Fortran correctly, they spelled it as Fortan or something like that. However, one of our applicants did indeed have Fortan on their resume. We didn't call them in.

    --
    If you are not allowed to question your government then the government has answered your question.
  125. Penalties by phorm · · Score: 1

    Mortgages often come with an option known as "porting." If you sell your house before your mortgage commitment period is up, you can end up facing some pretty severe penalties (I think mine were about $7k, but for bigger mortgages those go up a lot more).

    When you move, you often have the often to port within a few months. That means getting a new place with a mortgage that's the same a before. Then the mortgage moves to the new place, and you continue on for the rest of your term after paying a few fees for the paperwork.

    So take a scenario:
    * Buy house at 175k
    * Move years later, sell house, keep some equity (especially if the value went up)
    * Buy a new house shortly after moving, put equity into a new house possibly valued a bit higher
    * Lose job, lose house, and all the equity that you had previously built

    Of course if you get *screwed* in your new job, end up unemployed, that doesn't work out so well. Then you're back to the big fees for breaking the mortgage early, or not being able to sell at all and losing the house in general.

  126. Re:And that's why people can't get jobs and then t by dwinks616 · · Score: 1

    People end up with gaps in their resume when they don't know the difference between "there" and "their"...

  127. Re:And that's why people can't get jobs and then t by ultranova · · Score: 2, Insightful

    There is plenty you can do to keep you resume full while out of work.

    Or you could rest, relax, and enjoy life, rather than make it more likely that you'll be hired somewhere you're expected to work 14-hour days with 8-hour pay.

    The whole point of working for a living, as opposed to being an enterpreneur, is guaranteed pay and not having to worry about work at your free time. If you're doing unpaid work just on the off chance it'll help your career (as opposed to, for example, simply finding some OSS project interesting), then you're getting the worst of both worlds. Stop running the Red Queen's Race and decide: do you want to get rich, in which case you should go the enterpreneur route (and accept you might crash and burn), or do you not care, in which case stop worrying about it and slack off in your free time to your heart's content.

    Either go for the win or stop running the race. Simply "staying competitive" might help the national economy and its overlords, but it won't do any good to you.

    --

    Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

  128. Re:Just shows how far HR is from people doing the by bberens · · Score: 1

    yep

    --
    Check out my lame java blog at www.javachopshop.com
  129. Re:Just shows how far HR is from people doing the by geminidomino · · Score: 1

    What you know means almost nothing. What's important is how fast you learn

    Not anymore. These days they want "turn-key, silver bullet" employees who know everything walking in the door and are never puzzled by a new problem.

  130. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    Looking for a bullshit artist? :)

  131. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    Simple. Scenario based exam, with critical decision making and technical factors. One page response. Most people wouldn't write a one-page in the first place to respond. With technical based decisions embedded in the scenario, those that can put two and two together will rise to the top. Especially if its not a straightforward I'll-just-google-for-the-answer type of situation. Combine that with a couple critical/ethical judgments you'd probably have a good idea of the candidates actual capabilities. It would be more work for HR, but it would probably be a decent ROI.

  132. Re:Yea? so it was a targeted job listing.. by donscarletti · · Score: 1

    I work on the equivalent of an H1-B in China. Honestly, I think this type of visa is good, it allows white collar professionals to travel, get broader experiences and allows companies to hire a wider range of people with different skills and mindsets. I've never worked for a company where everyone is the same nationality and I never intend to. You rag on the Indians, but I've worked with Indians before and they fill gaps in the company's culture and workflow that other nationalities are unwilling to fill.

    --
    When Argumentum ad Hominem falls short, try Argumentum ad Matrem
  133. Re:vwhat better 2 year degrees + real world work o by geekoid · · Score: 1

    " in fact, most talent is driven from individuals during college."

    Completely wrong. If you have talent, college is where it can shine. So many opportunities to express your talent. If you are not going out and finding people with that same talent and creating, then you probably don't have that talent, and you certainly don't have any drive.

    You can find expert in the field, you can make context, you can find people from around the world with similar interests and create things you could not have other wise created. You have an enormous pool of equipment and resources.

    And education does not amplifies intelligence. That's just a stupid statement. If gives more opportunity to express your intelligence, and it gives you underlying fundamentals. SO you can start on top of the shoulders of giants.

    Or you can do the minimum and waste all the opportunity those resource provide.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  134. Re:Just shows how far HR is from people doing the by robthebloke · · Score: 1

    That's not true. The age discrimination laws (in the UK at least), apply to anyone under the age of 65. If you are 66, the only right you have is to ask your employer for an extension of employment beyond the age of 65. So in actual fact, It is perfectly legal to discriminate against someone who is 66, but illegal to discriminate against someone who is 18.....

  135. Re:Just shows how far HR is from people doing the by geekoid · · Score: 1

    Maybe you where writing software for a music program and they wanted experienced musicians?

    no, probably not.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  136. Re:Just shows how far HR is from people doing the by robthebloke · · Score: 1

    Translates to: Have you become accustomed to doing 80+ hour weeks for the last 5 years or so? Don't expect our company to be any different!

  137. Interestingly by geekoid · · Score: 1

    1.9 million is exactly the minimum it would take to get me to move to Minnesota.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  138. Bad for Seagate by Anonymous Coward · · Score: 0

    They weren't very S.M.A.R.T. about it.

  139. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    The 18 year old will be cheaper, and far more capable by 22.

  140. Re:vwhat better 2 year degrees + real world work o by An+ominous+Cow+art · · Score: 1

    There is no such thing as loyalty anymore - companies don't see their employees as valued, they have no loyalty towards them, so it should be no surprise that an entire generation's decided that loyalty to your employer is just a sucker's game.

    I've worked as a consultant for some large companies, and some smaller dot-com types, and what you say may have been true there to a certain extent. But I've also been working for a small (40-50ish employees) privately-owned company since 1988 (with 5 years away from it from '97-'02), which does have a "loyalty works both ways" policy. The small company I consulted through was similar. If you can find a company like that, hold onto it...

  141. Re:Just shows how far HR is from people doing the by guspasho · · Score: 1

    I saw something similar that was like "5 years of Vista experience" when Vista had just come out maybe a year earlier.

  142. Re:vwhat better 2 year degrees + real world work o by nabsltd · · Score: 1

    People do learn surprisingly fast on the job

    I think you have been working with above average people for too long.

    As an example, there are "programmers" and there are "code monkeys". Programmers understand programming, and having to learn a new programming language in a couple of weeks is no big deal. Code monkeys, on the other hand, generally will know one programming language and be able to take very detailed specs and turn them into code.

    In the same way, there are people who will spend weeks learning the basics of some new thing (computer program, camera, etc.) while others can be a the same level of functionality in hours (or less).

    It's my observation that the slow learners by far outweigh the fast ones in most companies.

  143. Re:Just shows how far HR is from people doing the by Golddess · · Score: 1

    I thought GP was referring to things like "must have 5+ years experience with ASP.NET 4.0" when even 3.0 isn't that old.

    --
    "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  144. At-will out sourcing by Lead+Butthead · · Score: 1

    The employer has all the bargaining power unless you are extremely talented and rare in your abilities. Just because there is no loyality does not give Seagate the green light to harm other people. Laws like this need to be enforced to scare employers to be reasonable. After all if you did millions in damages to your employer he can sue you right? Same principle.

    Laws like that makes employers want to outsource your jobs to another location that does NOT have laws like that.

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
  145. Re:Yea? so it was a targeted job listing.. by Frodo · · Score: 2, Interesting

    PERM ads are for *Green card*, not H1-B's. Which means the applicant *would not* be limited to one employer after he gets it, and so if HP or anybody else would really want cheap hitech slave labor, it would make zero sense for them to do it. The reason they do it is because they need more people than US-only market can provide them, and they are ready to go through considerable expense that PERM/GC process involves because they have no other way to get enough people that they need. They would not be cheaper or in any way linked to the employer once they have the GC - the only way to keep them would be to pay them the same as US citizens. And since hiring them involves additional expense there's absolutely no monetary or otherwise reason to prefer them to qualified US citizens - if those were available.
    The reason why they do it is very simple - they already have a person that they know fits the job and they want to keep her on the job. The government, however, doesn't let them to do just that - they require to post fake job ads, even though there's no real intent to hire - because nobody wants to replace known trained good worker with unknown newbie. This farce is a direct consequence of government meddling, as most bureaucratic farces in US are.

    It is sad that the post which gets basic facts wrong gets moderated as "Insightful"...

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    -- Si hoc legere scis nimium eruditionis habes.
  146. Re:Just shows how far HR is from people doing the by Billly+Gates · · Score: 1

    I have seen employers ask about credit scores, speeding tickets, and even *must be employed* in order to filter out applicants.

    What a sad day. So if you missed one payment back in 2008 or even got a ticket speeding back in 2009 that means you can not work in an office. I can see if one job was for an accountant and the other was a truck driver but this is insane!

    What is sadder is not that HR is doing this but rather there are so many more people desperate than you that they have to filter out everyone. That brings me down in the job market more than an insane HR. I would probably be doing the same thing too if I received 150 applicants for every job that half are qualified to do.

  147. Re:Just shows how far HR is from people doing the by Billly+Gates · · Score: 1

    Which is why you and not HR should make the requirements. Mention to HR this is the level of experience for this payscale. Too often HR wants a SR level coder for a JR level position hoping it is the best of the best for that price. What they do not see is any .NET programmer with his salt with 8 years experience with .NET will abandon ship when the economy improves. Infact many are and then you have to rehire all over again.

  148. Re:Just shows how far HR is from people doing the by ghoul · · Score: 1

    Flip side is they do this to fresh graduate students all the time. Hire them and they get started on OPT and then when they start in June Oh sorry we missed the deadline for H1B and we will try to do something about it. The guy works like crazy for a year but at the end of the year he just goes back to his country as he is out of status as his OPT training period is over.

    --
    **Life is too short to be serious**
  149. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    22 year olds are more mature generally. The school work experience is useful; its not direct but then experience with a spreadsheet and experience with Excel are not the same thing either... Many jobs are easier than college.

  150. Re:Just shows how far HR is from people doing the by Miamicanes · · Score: 1

    I remember seeing an ad from a large company for a "webmaster" circa 1997. One of the requirements was 5+ years of experience with Java. I seriously doubt whether Gosling *himself* had "5+ years of experience with Java" back then, let alone anyone likely to apply for a job offering less than $30k/year in the early years of the dotcom boom...

  151. Re:vwhat better 2 year degrees + real world work o by AK+Marc · · Score: 1

    What's better, a 2 year degree and 12 years of experience or a 4 year degree with 10 years of experience or no degree with 14 years of experience?

  152. Re:vwhat better 2 year degrees + real world work o by AK+Marc · · Score: 1

    But having done 4 years of pushing paper only means your good at pushing paper. It does *not* promise talent. in fact, most talent is driven from individuals during college. The corporate workplace wants and needs drones.

    So your argument is that for the most effective workers, you *do* want those with 4 years. You know they are more likely to be obedient and submit to silly paperwork requirements without question.

  153. good students are best by Anonymous Coward · · Score: 0

    University is a resource, if you are there for 4 years and all you get is a degree then I question if you exploited that resource fully. If you worked on some interesting projects, wrote some insightful papers or had a great internship experience, then I would take that person over someone with a 2 year degree and a tiny bit of experience(2 years is a tiny bit).

  154. Re:vwhat better 2 year degrees + real world work o by uninformedLuddite · · Score: 1

    Rewarding for loyalty stopped the moment the magic "outsourcing" and mass-corporate-takeover scams began.

    Once the term 'Human Resources' came into wide spread use the worker was doomed

    --
    The new right fascists are bilingual. They speak English and Bullshit.
  155. Re:Just shows how far HR is from people doing the by uninformedLuddite · · Score: 1

    I worked with Vista for six months and aged six years does that count?

    --
    The new right fascists are bilingual. They speak English and Bullshit.
  156. Pity I'm not in Minnesota. by Geminii · · Score: 1

    Had a variation on that happen to me once. Same city, no moving involved, but a big-name company offered me an IT Security contract which turned out to mean "manually sorting pieces of paper into alphabetical order for six months while constantly claiming the 'real job' would start any day now".

  157. Re:Just shows how far HR is from people doing the by FoolishOwl · · Score: 1

    I'm getting the impression that this describes a somewhat extreme case of the general pattern in IT jobs: most of the work is routinized and dull, but you occasionally need people who actually know the technology in some depth. So, you hire someone overqualified to do 90% of what they do, because it doesn't make sense to hire two people, and have the more qualified person sit there doing nothing.

    In fact, I believe that's a general pattern in many fields of work, not just IT.

  158. Re:Just shows how far HR is from people doing the by jimicus · · Score: 2, Funny

    Even then you're not immune from silly ads going out there. I think the best I ever saw was a charity looking for an IT manager.

    The headline of their advert was "We need some help with our IT". The application instructions were "Please email two copies of your CV to ...@..."

  159. Re:Just shows how far HR is from people doing the by Anonymous Coward · · Score: 0

    Impossible job specifications like this, whether drafted foolishly or intentionally, are all too common, andf I've seen them both from employers and agencies and from applicants. How many legal secretaries could claim the required ten years' experience on WordPerfect 5.1 , the year of that one which I forget but shortly after that came out, or ever? Suspecting that an agency didn't know what they were doing, I submitted that same ad and they actually sent me someone claiming that they had all the required expeience. I worked on a case whee they had advertised for and insisted they had hired someone with years of experience with 12" seamless vanadium stainless steel pipe for nuclear missile silos, and insisted that they had properly filled both that job and the contract, on which hteAEC had signed off, when, in reality, they had used significanlty non-conforming pipe because nobody on earth was equipped to make such seamless 12" pipe then,

  160. Re:Just shows how far HR is from people doing the by freudigst · · Score: 1

    In Europe they use these methods to ensure that they can hire their own first. Guess they never got the memo that the way upwards meant treading over your fellow Westerner. Silly long-term vision they have...

  161. Re:vwhat better 2 year degrees + real world work o by Troed · · Score: 1

    There's no such thing as "innate abilities". There is however a difference in how much training you get, from a very very early age.

    I believe this was brought up in the popular book "Outliers" by Malcolm Gladwell, although the research behind it is much older.