Slashdot Mirror


Zynga To Employees: Surrender Pre-IPO Shares Or You're Fired

ardmhacha writes "Zynga seem to think they were overly generous handing out stock to early employees. Fearing a 'Google Chef' situation they are leaning on some employees to hand back their unvested stock or face termination. From the article: 'Zynga's demand for the return of shares could expose the company to employment litigation—and, were the practice to catch on and spread, would erode a central pillar of Silicon Valley culture, in which start-ups with limited cash and a risk of failure dangle the possibility of stock riches in order to lure talent.'"

43 of 554 comments (clear)

  1. Mafia by jimi1x · · Score: 5, Funny

    Is the mafia running this company or something?

    1. Re:Mafia by Grishnakh · · Score: 5, Insightful

      I don't see how this is all that different from the way most large American corporations operate these days.

    2. Re:Mafia by Surt · · Score: 5, Informative

      Yes. Their management is well known for doing all kinds of borderline illegal stuff. Seriously, look up stories about how they got started.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    3. Re:Mafia by vijayiyer · · Score: 5, Insightful

      I think demanding already paid compensation to be returned is very different from the way most American corporations operate. I've never heard of it before. It's mind boggling, and if I were said employee, I'd definitely quit on the spot.

    4. Re:Mafia by Surt · · Score: 5, Informative

      Quitting is a bad move. Getting fired is much, much better for your lawsuit.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    5. Re:Mafia by Grishnakh · · Score: 5, Interesting

      This particular tactic is definitely new, but the entire culture of sociopathic behavior is nothing new to large American corporations. This one has simply found a new way to be total assholes.

      Given that they're in California, which is a very employee-friendly state (one of the few I believe where non-competes are unenforceable), hopefully they'll lose their shirts after some newly-fired employees sue their sorry asses.

    6. Re:Mafia by Colonel+Korn · · Score: 5, Interesting

      Yes. Their management is well known for doing all kinds of borderline illegal stuff. Seriously, look up stories about how they got started.

      Not just borderline. I don't know about this mafia control stuff, but I remember their direct pixel for pixel use or art assets from...was it Age of Empires?

      --
      "I zero-index my hamsters" - Willtor (147206)
    7. Re:Mafia by wpiman · · Score: 5, Insightful

      Typically they just issue new shares and dilute current shares; while giving management and investors a number to keep their percentages the same. This is a far more insidious way to screw over the little guy that the old way.

    8. Re:Mafia by JoeMerchant · · Score: 5, Insightful

      Mod Parent up +5 Sad Truth.

      just issue new shares and dilute current shares; while giving management and investors a number to keep their percentages the same.

      Similarly, mark Zynga clueless for trying something so boneheaded when the parent's tried and true method accomplishes the same thing, but in a way that has been, sadly, accepted by the establishment for years.

    9. Re:Mafia by Chris+Burke · · Score: 5, Funny

      If you think most large American corporations are run by honest people who actually value their employees and wouldn't even think of defrauding them to improve their bottom line (and executive compensation) if they could get away with it cleanly, then you're an idiot.

      If someone had asked me "Hey Chris, if you could put words in Grishnakh's mouth, what would you have them say in order to perfectly exemplify your point?" I would have replied with something almost exactly like what you just wrote. It's uncanny.

      Even though I flat out told you it was not the case, you still took my statement that most companies are not equally abusive to their employees as this to mean that they are wonderful places that love and support their employees without fail.

      You've literally declared your inability to distinguish between anyone who isn't completely trustworthy, unable to even think of defrauding their employees. Well, guess what? In reality, nobody is completely trustworthy, and there are many degrees of untrustworthiness. There are many degrees of contempt for employees. By thinking only in absolutes, you've failed to notice when something is the same in kind but exceptional in degree. This is catastrophic to problem solving, which in the real world requires targeted efforts and nuanced understanding.

      Distinguishing: It matters. It seems to be an increasingly lost skill. I guess because "A is not X and B is not X therefore A = B" is nice and easy "logic". But I think it is ruining our discourse and ability to realistically address our problems in this country.

      --

      The enemies of Democracy are
    10. Re:Mafia by shutdown+-p+now · · Score: 5, Informative

      The problem is that this is about yet-unvested stock - so if an employee quits, or is terminated for cause, he'll never get to vest them and loses them all. So company, basically, demands that employee surrenders a part of his unvested stock in exchange for being given an opportunity to vest the remainder.

      That said, I've never heard of that ever happening, large corporations or no. Certainly not from anyone I know at Microsoft or Google. You can kinda understand why, too - it's morally equivalent to promising a certain payment upfront, and then reneging on it. The effect of doing so, especially in a way as public as this, will severely affect company's ability to attract talent. I mean, I know that I would never, ever consider working for Zynga after this news, and I bet many people would agree on that. I don't know what the hell they were thinking with this. Unless, of course, they plan on switching to 100% H1-B for rank and file (and even then the ones that are actually good would still skip on such an offer).

    11. Re:Mafia by mysidia · · Score: 5, Insightful

      There are times when *threatening to sue* is the proper course of action. There are fewer cases where filing a complaint (i.e. initializing a lawsuit) is a proper course of action. It is much, much rarer for suing and going to trial to be the proper course of action.

      Probably don't "threaten to sue" in such a situation; get your lawyer to write some warning letters, first of all.

      People casually threaten to sue all the time and aren't serious about it -- make sure they know you've done your homework and are serious about pursuing what course you need to best defend yourself from unjust treatment.

    12. Re:Mafia by Professr3 · · Score: 5, Insightful

      Don't take a job based on shares. Just assume they're going to make them worthless in the long run. Yeah, it makes it harder to join a startup early on, but it's the funded startups you want to work for, anyway.

    13. Re:Mafia by SwedishChef · · Score: 5, Interesting

      Sadly, it happens. Usually it's in the form of reducing retirement benefits after employees have already put the time in.

      I worked at a company that would fire employees who got close to the point at which they were "vested" in their retirement plan. At one point they had to scramble around and fire a poor guy who had been there almost ten years; they discovered he had enough vacation time to put him over the vesting period (which then was ten years).

      That was when I - and several others - started looking for new jobs.

      --
      No one ever had to evacuate a city because the solar panels broke!
    14. Re:Mafia by Mr.+Freeman · · Score: 5, Insightful

      Threatening to sue has all the weight of someone threatening to beat you up over the internet. People scream "I'M GOING TO SUE" for every single fucking thing nowadays. The proper action would be to retain legal council and make them aware of the situation immediately. They might write a warning letter, but this is much different than you, without representation, telling your company that you're going to sue them.

      --
      -1 disagree is not a modifier for a reason. -1 troll, flaimbait, redundant, overrated are NOT acceptable substitutes.
    15. Re:Mafia by hot+soldering+iron · · Score: 5, Interesting

      There used to be a common misperception that the age of expansion of the American West was lawless with murdering, theft, and rape a daily occurance. People were actually quite civilized, often more so than today. You were very likely to be shot dead for acting like an a*hole, especially to a lady. A vigilante hanging of people that wouldn't conform to the norms of society was often performed during a Sunday picnic, so the children would have an up close and personal experience of what would happen if they made poor choices in life.

      In my past life, I quite often found that when my drug-dealing friends said that they would do something, it happened. Even if they got shot to make it happen. I got screwed over so many times by the preacher's kids, and other scumbags like them, it wasn't funny. It almost got to where a suit and tie meant someone was out to rob me/lie to me/screw me over. "Real" people backed up their word with their life.

      I think the biggest lesson I've learned in life is that when people are held accountable for their actions with the valid threat and rapid application of violence, they act the most "civilized". It's almost like dealing with small children, sometimes the closest way to get a lesson to their brain is through their butt. It seems like every "civilization" that removes or reduces the threat of violent consequence to members for their actions, doesn't last long. They go down in flames of revolution, political corruption, and general anarchy. They look much like we do today.

      --
      When you want something built, come see me. If you want correct grammar and spelling, get a F*ing liberal arts student.
    16. Re:Mafia by MechaStreisand · · Score: 5, Insightful

      Management at companies like that need to do hard time. 20 years in prison would be nice. That's the only thing that will stop this.

      --
      Disclaimer: IANAL. This post is, however, legal advice, and creates an attorney-client relationship.
    17. Re:Mafia by Xaositecte · · Score: 5, Informative

      Eh, Barring employees from talking about wages is a violation of The national labor relations act. I'd cry tears of joy if I had it on paper someone was firing me for that reason, because winning the resulting lawsuit would be basically guaranteed.

  2. I would rather.... by joocemann · · Score: 5, Insightful

    .... be fired and get rich (and maybe an employer that respects me), than to be forced to sell the valuable stocks that I personally contributed success to.

    In truth, those with pre-IPO stocks are the foundation of the success for the company; what we are seeing is absolute disrespect to those who are responsible for the success.

    1. Re:I would rather.... by Swanktastic · · Score: 5, Insightful

      From a legal perspective, it seems stupid to approach people and ask them to to surrender their shares. Firing them straight up if they are truly "MIA" as Pincus claims would be justifiable. There's nothing wrong with letting go an employee who doesn't meet expectations. Asking them to surrender their shares, THEN firing them makes your motivations clear.

      This simply confirms that Zynga is a company with no morals.

    2. Re:I would rather.... by Billly+Gates · · Score: 5, Insightful

      What the CEO who had to work up to 6 whole hours a day in his lavish office with those 2 hour lunches and games of golf shouldn't take the credit. It was his and the upper managements ideas that created the company. Just like all the bank CEOs who work really hard producing things of value we take for granted. They need to be paid for such a hard life and creating all sorts of innovation. Thoughts magically create products and they call come from managers, directors, and CEOs only! Get with the program and when I say work you say minimum wage, you are costing the shareholders money!

    3. Re:I would rather.... by LateArthurDent · · Score: 5, Interesting

      No. AFAIK if they don't give ownership of the shares back, they get to see their company ownership grow, even if they are fired.

      That's not how that works. Contracts with unvested stocks always involve, "you must work with the company until such and such date" clauses. They get fired, they lose the stocks.

      So yeah, sue the bastards.

    4. Re:I would rather.... by JoeMerchant · · Score: 5, Insightful

      Also, the cited reason "we want to avoid a Google Chef situation" - what is wrong with a Chef making $20M off of working at a high-risk low reward company at the early stages? What did Mark Zuckerburg, or Bill Gates for that matter, do that justifies the magnitude of their fortunes? It's all a lottery, Zynga should be happy for their winners, even the ones who don't look like they deserve it. If those lucky people had all turned their backs on Zynga in the early days, Zynga would probably have failed hard - the promise was to share in potential IPO spoils, keep the promise or have your CEO report to the State Penitentiary for fraud.

      the firm's executives reportedly justified their strategy by saying it was best for the company. With the unvested shares, the executives believed they could attract more top talent with the promise of stock.

      What's best for the company is to conduct business within the law, meet your contractual obligations. If I would start a plumbing business, hire a bunch of journeymen plumbers for stock, then claw back the unvested shares from the low performers because it's "better for the business" to make those shares available to new plumbers who might perform better, what would the judge say to that?

      Also, what lowlife idiot would sign up for a promise of stock from a company that has already done this to former employees?

  3. Fearing the chef. by Anonymous Coward · · Score: 5, Insightful

    Fearing a Google Chef situation?

    What... a competent professional working at the company over a long period of time demonstrating a high level of skill, overseeing, directing and training many others, and earning the respect of his colleagues?

    Is this kind of thing bad now?

  4. Re:Pincus by Cryacin · · Score: 5, Insightful

    Coming from a company with stellar ethics like Zynga, what do you expect?

    Unfortunately, these slimeballs are smart enough to figure out ways to screw their employees, their customers, and in fact anyone with a dollar in their pocket.

    Too bad for the honest hard working startups that are prepared to do the hard yards and get their just rewards. This will definitely have ripples of distrust that permeate deeply.

    --
    Science advances one funeral at a time- Max Planck
  5. Illegal? But surely still lose lose? by Fluffeh · · Score: 5, Interesting

    I can't imagine how an action like this can be legal in terms of anyone wanting to take it to court - surely the employee would win hands down, but I can't also see how it would be beneficial in the long run. Srely if you took your employer to court like this (and assuming you won) and went back to work - surely the culture there after that must be very antagonistic. Wouldn't the employer then be looking for any excuse and going through all the hoops to have that person leave the company anyhow.

    The only way I can imagine to pursue this would be to take them to court, win (I assume quite easily) and then start looking for another job as the workplace has become hostile - which sort of leads to where they are going in the first place... "Give it back or you are fired" OR "Ha, I won, now I need to find other work...". It just seems to be a half dozen here and six there.

    --
    Moved to http://soylentnews.org/. You are invited to join us too!
    1. Re:Illegal? But surely still lose lose? by Anonymous Coward · · Score: 5, Insightful

      You take them to court and as part of the settlement/compensation you get vesting of your unvested options because you cannot return to a hostile work environment.

  6. Dangerous precedent by klui · · Score: 5, Insightful

    Next thing you know, their employees would be asked to pay back portions of their salaries that management thought are undeserved.

  7. Re:Pincus by Anonymous Coward · · Score: 5, Interesting

    Totally true, they have a very strange history, from their funding coming from the Russian mafia, to the events of today.

    The place itself is supposedly a real grid to work in, so it is likely all these employees deserve their options. However, management always holds the power in situations like this, and more importantly, the investors that control management. If they are indeed controlled by the Russian mafia, isn't it better that these programmers give up their stock options rather than lose fingers?

  8. Re:Not following the Google Chef reference by Anonymous Coward · · Score: 5, Interesting

    I think it is class prejudice in the modern world. I don't think there is a problem with the chef in Google, but other executives look at a working class man who risked his career with a start-up and received a very large reward and think that should not be right. To them, working people should stay in their class where they belong and not become multi-millionaires regardless of the risk and hard work they took or did.

    It sounds to me like those people who give lottery tickets as a gift and then sue the recipient for a share when the tickets turned out to be big winners - because they say they did not mean to give so much to the recipient.

    Truly bizarre and illogical in my view.

  9. Re:Dont judge without reading TFA carefully by bstender · · Score: 5, Insightful

    So let's not be quick in judging him. ok ?

    a quick googling of "zynga ethics" will allow you to make a quick judgement of what we're dealing with here. Pincus is setting new standards in rapacious business practices. This is nothing to shrug off, somehow this guy needs to be spanked.

    --
    look sig is kool
  10. Re:Pincus by JoeMerchant · · Score: 5, Insightful

    FarmVille, etc. I already boycott based on lack of interest in the product.

  11. My father said by buss_error · · Score: 5, Insightful

    "Son, in life or business, always remember, you dance with the person you brought".
    This is a basic point of honor - you keep to the commitments you made.

    More expensive than you thought it would be? Tough, honor it.
    Harder than you thought? Tough, honor it.
    See something else that's better? Tough, honor it.

    Yes, I know, business isn't about honor, it's about profit. I simply feel there is no profit in being dishonorable, no matter how much money you can make. No Sir, "Greed is good" in not in my orison. You know the good companies in your life. Go look at their mission statement. Top one is "To serve our customers/community". You also know who the bad companies are. Look at their mission statements. The honest ones list "Increase shareholder value" as first. The dishonest ones say "To serve our customers/community". In the end, it isn't about what someone says, it's what they do. Actions don't lie. Words can.

    That is why I will listen closely to what someone says, but I pay more attention to what they do.

    In a perfect world, someone would whisper this in Sony's, RIAA's, MPAA's, ASCAP, AT&T's, and many others ears:
    "Honor is a lasting value.
    Try it.
    For a change."

    --
    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
  12. Dont' quit, but don't agree either. by tomhudson · · Score: 5, Interesting

    If you quit, you can't collect unemployment. If you refuse, then they have to decide to fire you ... and either way, you've still go the shares.

    Also, this could be interpreted as constructive dismissal, in which case you can tear up that non-compete you signed, since they have broken the terms first.

    1. Re:Dont' quit, but don't agree either. by Anonymous Coward · · Score: 5, Interesting

      Unvested shares aren't actually money in your wallet if you quit the company or get fired. They're only worth something after they vest, and the agreement at companies such as these is that they don't vest if you've left the company before the vest date (whether you've been fired or quit).

    2. Re:Dont' quit, but don't agree either. by Anonymous Coward · · Score: 5, Informative

      In CA, you can get unemployment even if you quit, get fired for stealing, etc.

      False. You can get it if you quit, but you have to have a very good reason for quitting and you have to take steps to rectify the issue first.
      http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5.htm

      You cannot collect at all if you are terminated for willful theft.
      http://www.edd.ca.gov/uibdg/Misconduct_MC_140.htm

      Two employees at my porn store (former employees, that is,) are collecting. On our dime.

      You either do not know the whole story, or are withholding relevant information.

    3. Re:Dont' quit, but don't agree either. by Galactic+Dominator · · Score: 5, Funny

      In CA, you cannot collect unemployment benefits if you were dismissed for gross misconduct. Such misconduct includes stealing from your employer. Don't let facts get in the way of telling a good story however. Hyperbole and misdirection are important literary devices.

      --
      brandelf -t FreeBSD /brain
    4. Re:Dont' quit, but don't agree either. by Baron_Yam · · Score: 5, Interesting

      I'm willing to bet that almost any jurisdiction in the United States would find someone getting fired to prevent the vesting of shares would be an act of fraud on the part of the employer.

      The contract is: work for us, don't quit or get fired for cause, and if we are a success you'll have shares and maybe get rich. Their 'cause' is 'we might have to pay up'. FRAUD!

      The smarter employees should be starting a class action lawsuit right now, and burn that company to the ground and pillage the corpse for whatever they can get.

    5. Re:Dont' quit, but don't agree either. by Gorobei · · Score: 5, Interesting

      >either way, you've still go the shares.

      You only get to keep vested shares.

      These are unvested shares at issue. If you quit, or are fired, you lose them. If you are fired because you would not give back the shares, you might have a case to get them back, or a settlement of some sort.

      Yep, courts tend to take a pretty dim view of the "we agreed you get X if you are working for us, please give up X or we will fire you" gambit: it's almost bad faith by definition.

      Happened to me once: I just printed the memo and put in on my cube wall; got a few lawyers/mangers dropping by to "explain why I needed to sign." I sweetly said no: they said "ok" and got out of the room fast: they were smart enough to figure that concocting a paper trail to fire a well-rated employee, given a memo like that, was somewhere between "bad" and a felony.

    6. Re:Dont' quit, but don't agree either. by rsilvergun · · Score: 5, Informative

      Um... did you even bother to contest it? In my state (Arizona) if an employer contests, they win. Period. You're either none too bright, a paid shill astroturfing for a right wing think tank, or withholding information. Just out of curiosity, which is it?

      --
      Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    7. Re:Dont' quit, but don't agree either. by shentino · · Score: 5, Insightful

      Getting revenge can be quite satisfying if your shares are going to be worthless no matter what you do anyway.

  13. Are these people serious? Read the article linked by Weaselmancer · · Score: 5, Insightful

    I'm not making this up! They seriously said this:

    Although Zynga's decision might be met with some criticism, the firm's executives reportedly justified their strategy by saying it was best for the company. With the unvested shares, the executives believed they could attract more top talent with the promise of stock.

    Who in their right mind would trust their upper management to actually deliver?

    "Hey! We lured in our initial staff with some stock options, but then we strongarmed it back from them once it looked like it might be worth something. They took the gamble and we got the payoff. Now we would like to offer it to you! No, really, honest - we wouldn't do that to you! Just the people we initially hired. Hey...wait...where are you going?"

    --
    Weaselmancer
    rediculous.
  14. Re:Pincus by Pausanias · · Score: 5, Interesting

    Up until 2006 or so, I used to get mod points regularly, every week.

    Then suddenly I stopped getting mod points. That was about 5 YEARS ago.

    *Nothing* for 5 YEARS.

    Then, suddenly, yesterday, I got some again.

    What the hell kind of algorithm can lead to a 5 YEAR hiatus in mod point allocation?