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Microsoft, Ask.com, Oracle Latest To Be Sued Over No-Poach Deal

itwbennett (1594911) writes Oracle, Microsoft and Ask.com are facing suits alleging that they conspired to restrict hiring of staff. The suits appear to refer to a memo that names a large number of companies that allegedly had special arrangements with Google to prevent poaching of staff and was filed as an exhibit on May 17, 2013 in another class action suit over hiring practices. The former employees filing lawsuits against Microsoft, Ask.com and Oracle have asked that the cases be assigned to Judge Koh as there were similarities with the case against Google, Apple and others — and it maybe doesn't hurt that Judge Koh thought the $324.5 million settlement in that case was too low.

47 comments

  1. So the moral is by Anonymous Coward · · Score: 0

    eat shit or don't eat?

    1. Re:So the moral is by i+kan+reed · · Score: 1

      I don't even know what you mean. Reality doesn't have morals, and the feds, at least to the extent they're involved, haven't been at all friendly to the notion of employers doing this.

    2. Re:So the moral is by davester666 · · Score: 1

      What do you mean? Microsoft is saying "the feds investigated us and gave us a pass, so you shouldn't let the employee's sue us for doing this"

      --
      Sleep your way to a whiter smile...date a dentist!
  2. wait a second... by buddyglass · · Score: 4, Funny

    Ask.com still exists?

    1. Re:wait a second... by ruir · · Score: 1

      Excellent!

    2. Re:wait a second... by Tablizer · · Score: 4, Funny

      Ask.com still exists?

      I don't know about the company, but their damned tool-bar still does.

    3. Re:wait a second... by OzPeter · · Score: 2

      Ask.com still exists?

      I'm sure there is a web site where you can Ask questions like that.

      --
      I am Slashdot. Are you Slashdot as well?
    4. Re:wait a second... by Anonymous Coward · · Score: 0

      Ask.com still exists?

      don't ask

    5. Re:wait a second... by Anonymous Coward · · Score: 0

      Thanks Oracle!

    6. Re:wait a second... by frank_adrian314159 · · Score: 4, Funny

      Their "toolbar" hides in Oracle's installer for Java. The parasite... nay, symbiote, uses this installer as a vector to infect unsuspecting computers, the end result being the madness of innocent system administrators and dragooned relatives helping Grandma figure out why her system is so slow because she hasn't sprung for new hardware since the mid-Nineteen-Fucking-Nineties and it's a GODDAMN Windows Machine And... MOTHER OF GOD! I don't believe this! It's XP and it Has Every Piece of Malware Since the DAWN OF TIME INSTALLED ON IT AND I HAVE TO CLEAN IT ALL OFF BECAUSE SHE COULDN'T LOSE THE MOTHERFUCKING CAT VIDEO HER &^!!%(*!&$!&^*$#! FRIEND CHARLENE SENT HER AND THE SENILE OLD BIDDY CAN'T REMEMBER... uh, where she put it... ahem, um sorry, where was I? Oh, yeah...

      I've seen it far too many times for it to be a phantom. A zombie, perhaps, shambling along on toolbar installations by those too green or momentarily distracted or forgetful... So, even if it is dead, it lives! IT LIVES!

      --
      That is all.
    7. Re:wait a second... by K.+S.+Kyosuke · · Score: 1

      I tried to find out, but the answer seems more elusive than I thought it would be!

      --
      Ezekiel 23:20
    8. Re:wait a second... by phorm · · Score: 1

      My favorite is the "ask.com updater" which on many machine can't be removed via "Programs and Features" (Add/Remove Programs for those XP users) even as an admin.

      Thankfully still killable by Malware Bytes, etc.

    9. Re:wait a second... by Wing_Zero · · Score: 1

      i like the fact that the first search result under the paid placement is "Why does crapware still exist? Follow the Silicon Valley money trail ..."

    10. Re:wait a second... by gstoddart · · Score: 1

      You obviously haven't had to update Java in quite some time.

      Every single time you update it, it pre-selects the choice to install the ask.com toolbar and make it your default search. You have to explicitly deselect it.

      If you don't know to look for it, you end up with it ... I've had to remove it from the computers of several friends.

      Because, apparently Oracle are still greedy assholes, and use Java as a vector to piggy back the ask.com crap -- which means either Oracle is part owner, or being paid to install the shitware that is the ask.com troll-bar.

      I haven't used ask.com in years, but if you are stuck using Java, you have to consciously avoid it several times per year.

      --
      Lost at C:>. Found at C.
  3. It's not the employees' fault. by SeaFox · · Score: 2

    When they signed their contract they missed that checkbox that said "change my employment preference to lock to this company". There was so much legalese to scroll through.

    1. Re:It's not the employees' fault. by Anonymous Coward · · Score: 0

      Yes, right after the install ask toolbar checkbox

  4. Management only by Curunir_wolf · · Score: 3, Insightful

    The memo only talks about executives and product managers. Engineers (at ANY level) are explicitly excluded from the agreement (that is, they can be recruited at will), as well as any product "contributors".

    --
    "Somebody has to do something. It's just incredibly pathetic it has to be us."
    --- Jerry Garcia
    1. Re:Management only by Charliemopps · · Score: 1

      The memo only talks about executives and product managers. Engineers (at ANY level) are explicitly excluded from the agreement (that is, they can be recruited at will), as well as any product "contributors".

      So you think the existence of this agreement makes the existence of other, similar agreements, less likely? If you caught a burglar and he confessed to steeling your TV, would you assume he left the rest of your stuff alone?

      But lets assume it does... you think that a no-poach agreement on executives and product managers would have no affect on the salary of Engineers? You don't think a lower salary for executives doesn't have an effect on the rest of the organization as a whole?

    2. Re:Management only by Anonymous Coward · · Score: 0

      The memo only talks about executives and product managers.

      The memo specifies three different policies, "Restricted Hiring" is the one you mention and it only covers the first half of the first page.

      The second page specifies "Sensitive Companies", which is a different agreement and does indeed cover a lot more than just executives and managers.

      These seem to be independent of each other, each applying to a different list of companies.

    3. Re:Management only by Anonymous Coward · · Score: 0

      If you caught a burglar and he confessed to steeling your TV, would you assume he left the rest of your stuff alone?

      It would certainly galvanize my opinion against him, to say the least...

    4. Re:Management only by Curunir_wolf · · Score: 1

      The second page specifies "Sensitive Companies", which is a different agreement and does indeed cover a lot more than just executives and managers.

      Actually, it covers LESS. It's just a "notification of recruitment" provision.

      Executive Recruiting: Inform EMG of any Director level or above candidate who we have engaged and who is starting the interview process at Google Executive Recruiting: If we go to offer with a Director or above candidate, Staffing should inform EMG and EMG will designate a senior exec to place a courtesy call into the Sensitive company to let them know we have made an offer ...

      General Recruiting: For any non-exec position, we should be aware the company is on the Sensitive Company list but there are no restrictions to our recruiting from these companies at junior levels.

      --
      "Somebody has to do something. It's just incredibly pathetic it has to be us."
      --- Jerry Garcia
  5. What's good for Corporations is good for the USA.. by Anonymous Coward · · Score: 0

    Um. Except for the employees. Probably the customers too. Probably most of the shareholders too.

  6. not sure i get the problem by Anonymous Coward · · Score: 0

    Those employees were willing to work for the salaries they got, as demonstrated by the fact that they DID accept that salary. Obviously they felt the agreement with their employer was worthwhile enough to engage in: they'd provide their services in exchange for $X/year.

    Where $X puts them usually in the upper few percent of the population.

    So what's the problem? If they didn't think the deal was acceptable, they didn't have to take it, but they did take it, therefore they thought it was an acceptable deal.

    It's like... if I voluntary chose to pay $20K for a car, then by definition I believe the car is worth at least $20K to me. I don't get to turn around later and sue Toyota because the next guy got the same car for $19K. The price he paid doesn't change that I entered freely into an agreement and elected of my own volition to pay $20K for the car.

    1. Re: not sure i get the problem by Anonymous Coward · · Score: 0

      They accepted to work for $x because the other companies wouldn't pay more or hire them because they had a secret club. What good is a free market if it isn't free?

    2. Re:not sure i get the problem by Anonymous Coward · · Score: 0

      Is it roman_mir or udachny? Their viewpoints and style are so similar...

    3. Re:not sure i get the problem by Bengie · · Score: 1

      "voluntary" is a loaded word. If you don't work, you don't eat. It's no different than saying, take this or die. Yes, they could have worked somewhere else, but somewhere else would have been worse. How about just being "fairly" compensated? It is a complicated grey area. A company couldn't afford to pay everyone a ton of money, similar to how the record industry wants to get a slice of the money at every step of the way. But at the same time, if you add value, you should get a "fair" slice of that value added.

  7. Class warfare by meta-monkey · · Score: 4, Insightful

    This is why I'm opposed to all those "learn to code" programs Zuck and friends keep hyping. The people at the top of the tech industry are not content with their billions. They want your thousands, too. There is a concerted effort under way to push your wages down, take that money and throw it onto their own already huge piles. No poaching deals. H1B visas. "STEM shortage," "coder shortage" bullshit. It's all part of the same offensive. It is class warfare and their class is winning.

    --
    We don't have a state-run media we have a media-run state.
    1. Re:Class warfare by Anonymous Coward · · Score: 0

      If I had mod points...you would get a 5! Absolutely, that is the only reason for the H1-B visas "limits" being expanded, the "STEM" shortage and the coder schools...all to create cheap labor for the already megarich. I am hardcore capitalist...but, this is NOT capitalism...this is a corrupt rigging of the system.

      Can ANYBODY not compare these guys to the "robber barons" of the 19th century? You know - the ones who threatened to kill a person if they didn't work for paltry wages.

    2. Re:Class warfare by Anonymous Coward · · Score: 0

      That's the new norm in Silicon Valley.

      Millionaires being sued by rockstar engineers making 200K/yr. Hey when your apartment rental is 3000/mo, and a coffee $12 what else can you do?

      Sure feels different living on a 85K salary and paying 1500/mo for my apartment in another town. Though I'm still paying 10$ for a coffee....

    3. Re:Class warfare by Anonymous Coward · · Score: 0

      You are always free to start your own tech company and pay what you believe are fair wages.

    4. Re:Class warfare by meta-monkey · · Score: 2

      That would be fine in a free market, but the Masters of Universe rig the game by illegally colluding (as in this case) or buying immigration laws that allow them to import indentured servants (H1Bs). If everybody were playing fair, yeah we could have free market competition settle issues between capital and labor, but capital is rigging the game.

      --
      We don't have a state-run media we have a media-run state.
    5. Re:Class warfare by gstoddart · · Score: 1

      That would be fine in a free market

      Assuming such a mythical animal ever existed.

      Here's a hint: it doesn't exist, it never has, and it simply can't.

      For the reasons you list. The people with the most capital will never allow it to be free ... only as free as benefits them the most.

      The free market is an abstraction, like a perfectly spherical cow. But it isn't real.

      --
      Lost at C:>. Found at C.
  8. The settlement was too low. by rahvin112 · · Score: 3, Interesting

    The settlement offer the lawyers wanted to take was WAY too low. After the agreement collapsed Google alone had to give their entire staff a $10k year raise, and they think less than $5k per person for multiple years is sufficient? Everyone should be getting $10k per year minimum. Lawyer fees should be capped and be above and beyond payment to the class holders. Only if these companies have to give every employee affected by this $50 or $100K in damages will this set a precedent that will prevent future abuses.

  9. go get em by Anonymous Coward · · Score: 0

    "Permanent Temporary Workers"... yeah

  10. not sure i get the problem by Anonymous Coward · · Score: 0

    Except the car markers aren't colluding on the price. Even if you thought it was a fair deal at the time, you can sue them for collusion.

  11. The SAME SOBs who are lbbying for more H1-Bs! by Anonymous Coward · · Score: 0

    That's right - that means YOU, Bill Gates!

    1. Re: The SAME SOBs who are lbbying for more H1-Bs! by Anonymous Coward · · Score: 0

      Don't single out Bill. He's just the tippy-top of the iceberg. Milton Friedman would be proud of their collective efforts, though his effigy should burn annually, whether in the Black Desert of Nevada or in every town square on All Hallows Eve. Libaertarins, Free Market Fundamentalists and Tea Pariers, all have burnt the American ideal at the stake in search of personal privilege and prerogative.

      The mythical American dream is dead, long live the Darwinian outcome of industrial malfeasance.

  12. And everyone in one of these professions was hurt by bigpat · · Score: 3, Informative

    The class should be expanded to cover everyone in the profession not just employees of the companies. Many more people were damaged by this illegal conspiracy because these companies were in large part influencing the setting of wages for the industry. By illegally restraining trade they illegally depressed salaries for the entire market.

  13. Idiocy by Anonymous Coward · · Score: 0

    Idiots like you are a huge part of the problem. Stop claiming capitalism is the problem when the US is not operating as a Capitalist economy. At best, the US can be said to be operating under crony capitalism, but it's not capitalism.

    The cure for your ignorance is to at least read and try and comprehend Adam Smith's work, or even a more modern Economist with an in depth understanding of Capitalism like Milton Friedman.

    To compare how stupid your statement is, consider that the DPRK calls itself a "Republic" just like the US is a Republic. Any idiot looking at the DPRK knows it's a dictatorship even though it's obviously not.

    By similar terms, anyone that has read Adam Smith/Milton Friedman should know by looking at the US that even though it calls itself Capitalist, it is absolutely not.

    1. Re:Idiocy by sjames · · Score: 1

      The thing is, without some sort of revolution, I just can't see the U.S. ever taking all of Smith's advice. For example, can you imagine a United States where a corporate charter requires a review and approval process where you must show necessity?

      As for Friedman, he has some really good ideas, but I can't imagine a GOP that wouldn't filibuster a basic income bill to death even if they had to send the country down in flames to do it.

  14. WTF? by Anonymous Coward · · Score: 0

    Not including the CEOs vehement condemnations of the practice makes this just more commie propaganda.

  15. Not Capitalism? by Anonymous Coward · · Score: 0

    Tell it to the share holders Bub. There's no requirement of anything but risk assessment, cost benefit analysis, and performance measured as ROI, in the British/American system of economics. Neither morality nor concern for health, safety or welfare are required under this system, itself. According to the Chicago School boys, these are costs to be avoided or externalized whenever possible, even when they are imposed by law. Milton Friedman argued that the possibility of profit could justifiably outweigh such penalties and justify the risk. And as we have all seen from the likes of Enron, WorldCom, Tyco, Bernie Madoff, Stephen Cohen, Countrywide Mortgage, JP Morgan, the corruption of the Fed, the IMF and the World Bank, the system of amorality has been internalized quite effectively. The Chinese now epitomize the idolization of our rules of engagement.

  16. What else? by Anonymous Coward · · Score: 1

    Entrpreneurialism is the platitudinous answer to all the unhappiness of capitalism. Just start a company yourself... pull yourself up by your boot straps. Look at Jeff Bezos. 21 years of hot air and no earnings, and the 'markets' still reward themselves as share holders. As long as the balls remain aloft, the emperor's clothes are said to be opaque.

    The Gods Must Be Insane...

  17. Scale by oldhack · · Score: 1

    This should be a trillion dollar suit.

    --
    Fuck systemd. Fuck Redhat. Fuck Soylent, too. Wait, scratch the last one.
  18. Kind of funny when you think of it by gelfling · · Score: 1

    Because all they're talking about is maybe 500 senior executives. None of those companies are hiring below the executive level in the United States.