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Tesla Fires Female Engineer Who Alleged Sexual Harassment (theguardian.com)

Tesla has fired a female engineer who accused the company of ignoring her complaints of sexual harassment and paying her less than her male counterparts. AJ Vandermeyden, who went public with her discrimination lawsuit against Tesla in February, was dismissed from the company this week. The Guardian reports: Vandermeyden had claimed she was taunted and catcalled by male employees and that Tesla failed to address her complaints about the harassment, unequal pay and discrimination. "It's shocking in this day and age that this is still a fight we have to have," she said at the time. In a statement to the Guardian, Tesla confirmed the company had fired Vandermeyden, saying it had thoroughly investigated the employee's allegations with the help of "a neutral, third-party expert" and concluded her complaints were unmerited. "Despite repeatedly receiving special treatment at the expense of others, Ms Vandermeyden nonetheless chose to pursue a miscarriage of justice by suing Tesla and falsely attacking our company in the press," a Tesla spokesperson said. "After we carefully considered the facts on multiple occasions and were absolutely convinced that Ms Vandermeyden's claims were illegitimate, we had no choice but to end her employment at Tesla."

221 comments

  1. Fuck yeah by Anonymous Coward · · Score: 0

    Now THAT is an employer I want to work for.

    1. Re:Fuck yeah by Anonymous Coward · · Score: 1, Insightful

      I think she's lying about the whole thing. Generally when people try suing over discrimination, it's a false accusation and it's extremely difficult to prove.

      I also don't believe that she was being harassed or catcalled after seeing a picture of her.

    2. Re: Fuck yeah by Defakto · · Score: 1

      Just because you don't find her attractive doesn't mean other me don't.

    3. Re:Fuck yeah by HornWumpus · · Score: 0

      If she had hot friends and it was my turn to fall on the grenade.

      Total darkness...and likely a gag. Then maybe.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    4. Re: Fuck yeah by Anonymous Coward · · Score: 1

      Your standards are very low and I don't think you should have made your comment.

    5. Re:Fuck yeah by anonymous_echidna · · Score: 0, Flamebait

      Cat-calling is a power play. Attractiveness is not a prerequisite.

      --
      In most times, most places, by most people, liars are considered contemptible. - Ursula Le Guin
    6. Re:Fuck yeah by Anonymous Coward · · Score: 1

      OMG, whatever. Cat-calling isn't a power play, it's annoying slobber. It is what you do when you have no power over someone, and you don't expect to get any. Sexual harrasment is when you have power and you use it make your advances difficult to avoid. You can't catcall and sexually harass - it's one or the other.

    7. Re:Fuck yeah by Anonymous Coward · · Score: 0

      Let's see what the Post has to say about this: http://nypost.com/2014/08/18/enough-sanctimony-ladies-catcalls-are-flattering/

    8. Re:Fuck yeah by Anonymous Coward · · Score: 0

      To address your points individually:

      1. No it isn't.
      2. Not a prerequisite, but it's most definitely strongly correlated.

    9. Re:Fuck yeah by Anonymous Coward · · Score: 0

      > I also don't believe that she was being harassed or catcalled after seeing a picture of her.
      Because ugly women don't get raped. Well bing again because she's a hottie.

      > Now THAT is an employer I want to work for.
      Prove it by lubing your asshole at the officer xmas party

    10. Re: Fuck yeah by Anonymous Coward · · Score: 0

      Agree with AC. Saw photo of her, concluded it very unlikely men would give her any attention.

    11. Re:Fuck yeah by Anonymous Coward · · Score: 0

      Nope she is a neutral look. Slightly fat, unassuming look, not even busty. I wouldn't even say hi, let alone do cat calling.

    12. Re:Fuck yeah by gl4ss · · Score: 1

      catcalling, such as whistling, is pretty much never about power. catcallers don't have any power. if they had power they would just ask them to their office. or do you think that construction workers have POWER?

      it doesn't make any sense really, this case. like, there isn't a single happening or something, she was basically suing the general culture in the company.

      the catcalling incident was "âoeThey all started hooting and hollering and whistling,â she said. âoeThat canâ(TM)t happen without somebody noticing ⦠Itâ(TM)s disturbing.â ". thats from a platform above while she walked with some other woman. dunno if the platform was construction workers in which case yeah I might believe it happening OR she just copied it off family guy.

      --
      world was created 5 seconds before this post as it is.
    13. Re:Fuck yeah by bytesex · · Score: 2, Interesting

      I know it's not a popular opinion in this day and age, but cat-calling is also just banter. Take it in stride.

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    14. Re: Fuck yeah by Anonymous Coward · · Score: 0, Troll

      like "rape is about power not about sex"? geez you idiots are delusional, men who are ABOUT SEX in virtually every other endeavor or consumption is suddenly not about sex when it comes to this shit??? they say this to absolve women of any possible responsibility.

    15. Re:Fuck yeah by Anonymous Coward · · Score: 0

      It's only banter if both sides want to take part. As soon as you bring in someone without their consent it becomes abuse or harassment.

    16. Re:Fuck yeah by Anonymous Coward · · Score: 0

      I wish women would stop putting all the work in mens' hands AFTER they leave work.

      It's not fair. If you will never in your life walk up to a man to give him what you want most from men, to give what you get, then you deserve LESS because you are not EQUAL. You want MORE and you give LESS back.

      Equal pay doesn't even matter in a world where men stay lonely because women do not take initiative. If you don't like guys cat-calling you then you should start to create a world where men receive as much attention as women, because they will not be forced to always hunt women.

      Be the equal of all the men that have conquered you. Once please.

    17. Re:Fuck yeah by Anonymous Coward · · Score: 0

      Maybe I don't live in the gutter but other than on tv I've never seen any catcalling. I'm sure it still happens. Also I'm sure there are some women that like it. I can just see them thinking I didn't spend an hour on my hair and $300 on my outfit NOT to get noticed. Just the guys that do catcalling need to learn manners and for example know the girl they are doing it to and have some idea how it will be received I think. But I guess if they did that half the filmwork in a rap video would have to be replaced.

    18. Re:Fuck yeah by thegarbz · · Score: 2

      Actually I don't think I've ever seen a cat-caller who had power in their favour.

    19. Re: Fuck yeah by Anonymous Coward · · Score: 0

      I generally believe she thinks something happened. Whether that rises to a legitimate sexual harassment claim, who knows. I also think she's just hoping Tesla will settle out of court and avoid the cost of a trial and the bad press it would generate, since these kinds of things are pretty hard to prove.

    20. Re:Fuck yeah by Anonymous Coward · · Score: 0

      Yes, it's about the power women have just because they exist, and the little men can do about it.

    21. Re: Fuck yeah by Anonymous Coward · · Score: 0

      Attaching power to sexual harassment, sexism, and racism is the cults way of legitimizing sexism and racism against people who are actually powerless. It has nothing to do with progress, and everything g to do with creating a rift among the poor and middle class. MEANWHILE, the sponsors of intersectional feminism AND thebpeople with actual power are strangely untargetted.

    22. Re:Fuck yeah by Anonymous Coward · · Score: 0

      So you admit to harassing me then, because your comment just brought me into this conversation without my consent.

      Just to be clear, I do not believe that you pulled me in. No one has the power to make me partake but me. But you do feel that way. You do feel that mere words can force someone into a conversation against their will. Therefore, in order to not be a hypocrite, you must now consider yourself to be guilty of harassing me.

    23. Re:Fuck yeah by Anonymous Coward · · Score: 0

      Good grief, people are WAY too sensitive these days. It's not abuse and it's not harassment if someone whistles at someone. Get over yourselves.

      I'm a (male) manager, and I've had an elderly (female) employee makes MANY sexual'ish comments to me and she has even grabbed my butt once. While a little weird, I didn't go marching down to HR to get her in trouble. I was not in any way harmed, but then again I'm not some frail little sensitive whuss that can't take what is basically a compliment. I tell my wife about it and she smiles and chuckles. I guess in today's world I should be melting down and filing lawsuits, huh?

    24. Re:Fuck yeah by layabout · · Score: 1

      I've worked at multiple places where just being a woman got you catcalled. Based on my experience, her story is entirely believable.

    25. Re:Fuck yeah by Anonymous Coward · · Score: 0

      A hottie? Are you delusional? I see a middle-aged schlubby soccer Mom.

    26. Re:Fuck yeah by parkinglot777 · · Score: 2

      I also don't believe that she was being harassed or catcalled after seeing a picture of her.

      I'm not sure that the harassment was specifically on her according to what she told TG back in February. Who knows?

      Vandermeyden recounted to the Guardian an incident in 2015 when she said a group of roughly 20 men standing on a platform above her and a female colleague began taunting as they walked past.

      Though, why did she expect that the company would keep her when she was actually damaging the company's image whether or not it is true. Companies are always companies; especially when they are big (e.g. corporation)...

      Vandermeyden recently took out a hefty loan to buy the cheapest version of the Model S Tesla car and has a reservation for the upcoming Model 3. She is hopeful her lawsuit and public comments won’t end her career at a company she loves: "I think they’re a revolutionary and innovative company."

    27. Re:Fuck yeah by unixisc · · Score: 1

      She can apply to take Elon Musk's place in President Trump's advisory council

    28. Re: Fuck yeah by Anonymous Coward · · Score: 0

      That's not the point. The question is why she would be singled out for harassment, since there obviously hasn't been a groundswell of other complaints. If she were exceptionally good looking, that might explain it. But if she is just average (which she is), then why haven't lots of other women been harassed as well? The natural conclusion is then that either she is lying or it's her personality that causes people to interact with her badly.

    29. Re:Fuck yeah by Anonymous Coward · · Score: 0

      I know it's not a popular opinion in this day and age, but cat-calling is also just banter. Take it in stride.

      Bullshit, it's 100% harassment--always has been.

    30. Re:Fuck yeah by Anonymous Coward · · Score: 0

      Get involved with Trump? I thought she was trying to avoid sexual harassment. But he wouldn't allow it anyway; he doesn't like it when broads get lippy.

    31. Re:Fuck yeah by fuzznutz · · Score: 1

      Vandermeyden recently took out a hefty loan to buy the cheapest version of the Model S Tesla car and has a reservation for the upcoming Model 3. She is hopeful her lawsuit and public comments won’t end her career at a company she loves: "I think they’re a revolutionary and innovative company."

      Oops. She chose poorly. The even bigger issue is that she is now toxic. If she loses her case, it'll be a very hard sell to get hired again a la Ellen Pao.

    32. Re:Fuck yeah by Anonymous Coward · · Score: 0

      hahahaha nope.

      Cat-calling is a non-formal invitation to engage in activities related to sex. It's flirting's vulgar cousin.

      Positive feedback indicates interest. It's really easy.

      It's also easy to know that if the cat-caller is attractive then it's usually considered a compliment. And btw, males get cat-called too A LOT but it's less public since society's rules, etc, etc.

    33. Re:Fuck yeah by Anonymous Coward · · Score: 0

      Yeah it can be. It happens a lot in between people that can be considered friends.

      That's why in HR they have a rule that says never make friends in the office. That leads to a lot of potential HR violations because the dynamic between people changes and if there's a fallout then there can be a lot of ammo to screw people up.

    34. Re:Fuck yeah by Anonymous Coward · · Score: 0

      When I was a shy, insecure teen in high school, a group of girls behind me called out at me "nice ass!"

      I was so shy I never turned around went right home. I felt great after I got home!

      If I had a more present father and he had shown me how to behave around women, I might have lost my virginity in high school instead of at 27.

    35. Re:Fuck yeah by Anonymous Coward · · Score: 0

      i've worked at places where you could be fired for looking at "anyone" (any woman who doesn't like you looking at them at all.) longer than 3 seconds. At another location, I was basically called a child molester for smiling at a kid and saying "hey". I may have stopped. I didn't approach, pat the kid on the head or anything crazy like that. (a female worker told me not to talk to the patients at all or she would get me fired and was very aggressive in her chicken shit, "my money and the pigs will protect me" kind of way. no it/they won't... the sweet kid was looking up at me with doe eyes and was very sick. I couldn't get fired at that moment and didn't want to flip out in front of the little sick kids so i let her get away with it.). i don't think cat calling is acceptable either.

    36. Re:Fuck yeah by david_thornley · · Score: 1

      Sexual harassment also includes making a hostile work environment. It's typically hard to prove, but it's part of the law. Catcalling can be part of a hostile work environment, and therefore can be sexual harassment.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    37. Re:Fuck yeah by david_thornley · · Score: 1

      If the woman is stuck in a workplace with cat-callers, there's power on the cat-caller's side.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    38. Re:Fuck yeah by david_thornley · · Score: 1

      Though, why did she expect that the company would keep her when she was actually damaging the company's image whether or not it is true. Companies are always companies; especially when they are big (e.g. corporation)...

      Because it's clearly illegal to fire someone because they file a lawsuit against the company.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    39. Re:Fuck yeah by Anonymous Coward · · Score: 0

      I think she's lying about the whole thing

      Stop the presses, Anonymous Coward over here thinks's she's lying. Case closed.

      Score: 0 Insightful indeed

    40. Re:Fuck yeah by thegarbz · · Score: 1

      If the woman is stuck in a workplace with cat-callers, there's power on the cat-caller's side.

      In the work place of all places that is not true. Not only is that the most likely place a woman can find someone who gives a crap, but it is also highly dependent on level and interpersonal relationships.

    41. Re:Fuck yeah by Anonymous Coward · · Score: 0

      This is all that happens...

      Judge: Did you fire her for filing a lawsuit against you?
      Defendant: No.

      Now unless she has actual proof that she was fired for the lawsuit, the court isn't going to care.

    42. Re:Fuck yeah by Anonymous Coward · · Score: 0

      I have seen drunk, old, little Mexican dudes hanging outside of dives here in LA sometimes whistle or catcall hot women when they passed by but that's it.

    43. Re:Fuck yeah by Frobnicator · · Score: 2

      Oops. She chose poorly. The even bigger issue is that she is now toxic. If she loses her case, it'll be a very hard sell to get hired again a la Ellen Pao.

      Possibly, or maybe not. Certainly being in the news makes her name show up on searches, but that doesn't necessarily kill her career, especially if the courts agree with her on one or both lawsuits. And based on what both sides have publicly released so far, she has incredibly strong lawsuits.

      The earlier harassment filings have some paper trails within the company. Under the law there are a few things that need to be satisfied, but the biggest is a clear communication that the actions are unwanted. Since she made sure there was a documented history, that will be very hard to fight if they actually reach the court. Yes, the company is in the process of putting her and her family through the wringer for that, but she did the absolute best thing she could: She left a paper trail with HR at the company, and she collected a ton of evidence while she was there.

      The company then did what companies do. Even though they aren't supposed to fire in retaliation, they will make up other excuses and make the employee miserable. Bonuses were denied (and documented), she was not paid for overtime (which were documented as violating company policy) denied rest breaks and meal times. Then she was told her performance was unacceptably bad, a common tactic to get rid of employees companies don't like but can't readily fire. Still, she didn't leave.

      But then the company finished it off and fired her. Unfortunately for Tesla, they opened their big mouth and made press statements.

      The unlawful firing aspect has become an open-and-shut case thanks to Tesla's PR department. The press releases and spokespeople have clearly stated to multiple news outlets that they reviewed the complaints for the pending lawsuit, claimed they have no merit, and that was the reason they fired her. Not poor performance, not policy violations, but because the company didn't want to be sued for the alleged violations. The quote to The Guardian is right there in the story: "After we carefully considered the facts on multiple occasions and were absolutely convinced that Ms Vandermeyden's claims were illegitimate, we had no choice but to end her employment at Tesla." Under both federal law and California law, that action is illegal. I'm guessing the company's legal team is furious at the PR team right now, but it is out there in many public statements.

      So at this point it doesn't matter if her harassment lawsuit is dismissed or not, that is irrelevant for unlawful firing. With the collection of public statements, there is no way any judge would find against her, Tesla's media statements are a textbook definition of an illegal retaliation.

      Doubtless some companies won't hire her because she filed lawsuits, but if in the end the judge says she was right, or if they reach a settlement where Tesla is seen as losing, most employers won't care. It changes from being a troublemaker to someone who will stand up to bullies, which can be an asset in management, at least in smarter companies.

      --
      //TODO: Think of witty sig statement
    44. Re: Fuck yeah by Anonymous Coward · · Score: 0

      Might have something to do with her offering to give co workers blowjobs in the supply closet?

    45. Re:Fuck yeah by Anonymous Coward · · Score: 0

      The old lady grabbing your but was absolutely harassing you, per any reasonable definition. The fact that you didn't go marching to HR is irrelevant; people let things slide all the time, that doesn't mean it didn't happen.

      The fact that you put down people who would is very relevant.

  2. Re:Duh by HornWumpus · · Score: 1

    Fred Garvin...

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  3. Ballsy by alvinrod · · Score: 5, Insightful

    Tessa must have some pretty damning evidence against her to fire her for this, because it does open up a legal case against them for retaliation, which their HR department and legal team are no doubt well aware. They'd have to have solid proof that she made it all up or so flagrantly lied about parts of it to be able to fire her over it without legal repercussion.

    1. Re:Ballsy by gweihir · · Score: 4, Insightful

      Indeed. Whenever some people are really discriminated against, you find others that are just trying to get a free ride on this. Pretty bad. The worst case is women claiming to have been raped, when nothing like that happened. It is just far too easy to do and apparently many cannot resist.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:Ballsy by Anonymous Coward · · Score: 0

      Tessa must have some pretty damning evidence against her to fire her for this, because it does open up a legal case against them for retaliation, which their HR department and legal team are no doubt well aware. They'd have to have solid proof that she made it all up or so flagrantly lied about parts of it to be able to fire her over it without legal repercussion.

      I am Greek, so i don't know good enough the laws in USA, but i think that if Teslas's legal team decided that SHE does not have evidence against THEM (i.e., she must provide evidence of their guilt, not them for their innocence) it suffice to fire her; you can not anymore have such a -"toxic"*- person employed.

      * "toxic": judging by the combined accusation of "sexual harassment" AND "unequal pay", "discrimination"...

    3. Re:Ballsy by rahvin112 · · Score: 1

      Companies do it all the time even when the employee is telling the truth, it's about getting back at them for the publicity and embaressment. When the next lady does the same thing and they sue they'll be 300% more likely to win as a pattern has been displayed.

    4. Re:Ballsy by guruevi · · Score: 2

      Not quite how it works, it's a civil case so the proof doesn't have to be nearly as strong and as a company you have to prove that you have the proper guidelines and training AND that you have investigated every single complaint thoroughly AND that you tried to make the situation better for the complainant.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    5. Re:Ballsy by Anonymous Coward · · Score: 4, Interesting

      In the US, as long as someone makes a good-faith claim of discrimination, you are legally protected against retaliation in the form of any kind of adverse job action. Firing someone would be the ultimate adverse job action, but it could be as little as giving them a verbal warning. The catch comes in that you have to file a complaint with state and or federal agencies, which are often overworked and understaffed to the point where if you don't have a smoking gun in terms of evidence, they're likely not going to do anything more than sit on your case.

      In this instance, the woman skipped all that and went right to a lawsuit (which is an option). However, she's still protected against retaliation unless Tesla can show that her complaint was made in bad faith.Your claim of discrimination doesn't actually have to be proven correct to be given the protection against retaliation, it only has to be made in good-faith. Good-faith, defined in the US legal system basically amounts to you believe it to be the case, and usually have some kind of evidence to support your belief. Based on the reports, this woman definitely has some examples to support her claim, so it's on Tesla to prove that the woman knew it was not true when she made the complaint(s).

      Tesla is playing an extremely dangerous game by firing the woman. Unless they have some hard proof that she made the entire thing up, her lawyer will file a retaliation suit in addition to the discrimination suit and it won't be a question of IF Tesla pays out, but HOW MUCH.

    6. Re:Ballsy by Anonymous Coward · · Score: 0, Insightful

      Indeed. Whenever some people are really discriminated against, you find other conservatives that are just trying to blame the victim for the perp's shitty behavior. It is just far too easy to do and apparently many like you cannot resist.

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

      That's right. When a case is filed often the evidence isn't yet on hand so there follows a discovery phase where they can demand documents and hold depositions interviewing the accused, witnesses and management. If someone admits under oath they heard a manager telling coworkers she was fuckable the game changes.

      > * "toxic": judging by the combined accusation of "sexual harassment" AND "unequal pay", "discrimination"...

      It's only toxic if she's lying.

    8. Re:Ballsy by phantomfive · · Score: 5, Interesting
      Looks like they hired a neutral third-party to investigate. They presented some of the evidence:

      The investigator had access to Tesla’s compensation data and found that Vandermeyden’s salary was in the middle of the range and while some new hires were indeed paid more than her as her lawsuit claims, the highest paid new hire was a woman and several men were paid less than her. Therefore, Hilbert determined that gender discrimination had nothing to do with her compensation.

      It doesn't say why she was fired, but most companies won't say that.

      --
      "First they came for the slanderers and i said nothing."
    9. Re:Ballsy by Theaetetus · · Score: 2

      Tessa must have some pretty damning evidence against her to fire her for this, because it does open up a legal case against them for retaliation, which their HR department and legal team are no doubt well aware. They'd have to have solid proof that she made it all up or so flagrantly lied about parts of it to be able to fire her over it without legal repercussion.

      I would agree, provided they're competent. And while I have no reason to presume that Tesla's HR and legal staff are incompetent, it's a textbook case of retaliation because many, many other allegedly competent HR and legal departments have done the same thing in the past. Hell, there are law firms that have gotten in trouble for retaliation. Some people's outrage level get so high that they stop thinking rationally, and do whatever they can to destroy the person who complained.

    10. Re:Ballsy by Anonymous Coward · · Score: 2, Interesting

      "Despite repeatedly receiving special treatment at the expense of others, Ms Vandermeyden nonetheless chose to pursue a miscarriage of justice by suing Tesla and falsely attacking our company in the press," a Tesla spokesperson said. "After we carefully considered the facts on multiple occasions and were absolutely convinced that Ms Vandermeyden's claims were illegitimate, we had no choice but to end her employment at Tesla."

    11. Re:Ballsy by Anonymous Coward · · Score: 4, Informative

      It doesn't say why she was fired, but most companies won't say that.

      TFA does have a statement by Tesla about the reason for firing her:

      “The termination was based on Ms Vandermeyden behaving in what the evidence indicates is a fundamentally false and misleading manner, not as a result of retaliation for the lawsuit,” the spokesperson added. “It is impossible to trust anyone after they have behaved in such a manner and therefore continued employment is also impossible.”

    12. Re:Ballsy by thegarbz · · Score: 1

      because it does open up a legal case against them for retaliation

      Not really. Retaliation cases are for cases which have merit. If your employee sues you and loses then she attempted to attack you or your business without merit. Firing them for this attack is perfectly reasonable as their interests are clearly not inline with those of the company.

      Now if they won their case it would be entirely different. Any action then would be considered retaliatory.

    13. Re:Ballsy by ABEND · · Score: 0

      Tesla has major "cred" with the entrenched left-wing elite. In other words, they've got a pretty reliable get-out-of-jail-free card.

      --
      In all seriousness:
    14. Re:Ballsy by houghi · · Score: 1

      I live in Socialist Europe where we have Unions in all companies. Even here people can get fired for "Sorry, it does not work out."
      Now what that means, compared to "You are caught stealing, so we fire you for that" and the other is that in the case of theft you get nothing. No payout. No unemployment benefits. Nothing.

      In the first case you get a settlement of minimal 6 weeks (in Belgium) and perhaps even more and you are entitled to get unemployment benefits.

      So there is a minimum period, depending on how long you work somewhere. It will be more if you work there e.g. 10 years. This is the legal minimal time. Sometimes they will give more just so you won't make a stink. e.g. I got 7 months at one place where I worked 2 years. Had I thought that wasn't enough, I could have filed a lawsuit, but if I had lost, I would only have gotten the minimal amount.

      So no damning evidence needed. Just the knowledge and will to pay out and realize it will be cheaper than keeping that person.

      I would say this could easily fall under a loss of trust

      --
      Don't fight for your country, if your country does not fight for you.
    15. Re:Ballsy by ud0 · · Score: 1

      Phrases like "the entrenched left-wing elite" really give you away. Your guys have a monopoly on the government now, at all levels, and yet you claim that the losing side is the elite.

      It doesn't matter how much "cred" a company has with a political movement, the new brand of authoritarian leftists will turn on anyone without a moment's notice if the opportunity presents itself. There is absolutely no difference between left and right in this regard.

    16. Re:Ballsy by c · · Score: 1

      Whenever some people are really discriminated against, you find others that are just trying to get a free ride on this.

      There's also the people who are flat out mentally ill.

      --
      Log in or piss off.
    17. Re:Ballsy by ausekilis · · Score: 1

      California is an at-will state. She could be fired with or without cause, unless she was government or part of a union.

    18. Re:Ballsy by luis_a_espinal · · Score: 3, Insightful

      It doesn't say why she was fired, but most companies won't say that.

      TFA does have a statement by Tesla about the reason for firing her:

      “The termination was based on Ms Vandermeyden behaving in what the evidence indicates is a fundamentally false and misleading manner, not as a result of retaliation for the lawsuit,” the spokesperson added. “It is impossible to trust anyone after they have behaved in such a manner and therefore continued employment is also impossible.”

      Yeah. Launching a lawsuit like that just to be found w/o merits by a third, neutral party, that's reason enough to fire her. Or him, or whatever. The minimal trust required to keep someone on payroll has been broken.

      Bad career move from her part (and if she did it with premeditated malice and dishonesty, she just fucked a whole bunch of women who might be real victims of discrimination.)

    19. Re:Ballsy by Ol+Olsoc · · Score: 3, Insightful

      Tesla is playing an extremely dangerous game by firing the woman. Unless they have some hard proof that she made the entire thing up, her lawyer will file a retaliation suit in addition to the discrimination suit and it won't be a question of IF Tesla pays out, but HOW MUCH.

      So what you are saying is that a disruptive employee must be kept on staff based on gender?

      We've been seeing cases of disruptive females losing their discrimination cases, Ellen Pao is perhaps the most prominent example.

      Being a disruptive employee is not a gender specific thing, I've worked with both. The problem employee does tend to grasp at anything to continue to be disruptive, regardless of gender. Certain groups have extra claims they can make. And when you can play the gender card, you will immediately polarize the issue, with people falling into predictable positions.

      We don't know the particulars of this case, so it is difficult to determine who did what. But having a third party investigate the issue was smart on Tesla's part.

      Now that being said, and with the firing, I suspect that Tesla has at the least, a solid case. I would not be surprised if they refused to settle and took any resulting lawsuit to open court.

      Let's take gender out of the equation, and move to a similar matter. Where I spent most of my career, there were a number of service workers. There were a small but not insignificant number of these workers that were Workman's comp/SS disability cases waiting to happen. Minor injuries - like the kind that required a band-aid and antiseptic, were trumped up by these folk as a injury so severe that they could not ever work again. I recall one person who tried to get disability for a back muscle spasm.

      And yup, they were so adamant about the evil place making them work. And yup, almost all were exposed if they did manage to get disability. They keep track of work these days, and if a person is really interesting, they'll have someone tail them and take video and photos. But the point is that there are people out there who are willing to use every tool at their disposal, and the person's sex is now often used as a bludgeon.

      Regardless, it will be interesting to see how this one plays out. But if the Pao case is any indication, a person playing the gender discrimination card case is not a slam dunk when a third party is investigating the issue.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    20. Re:Ballsy by Dragonslicer · · Score: 1

      Retaliation cases are for cases which have merit. If your employee sues you and loses then she attempted to attack you or your business without merit.

      Um, no, that isn't true. A lawsuit "without merit" means that you have no reasonable evidence to support your argument. You can have reasonable evidence, and you will still lose your case if the other side's evidence is stronger. You can't retroactively declare a case to be without merit after the verdict.

    21. Re:Ballsy by Anonymous Coward · · Score: 1

      That isn't for Tesla to decide. If they can prove in court that she made the complaints in bad faith, getting fired would likely be the least of this woman's worries, but to fire her BEFORE the conclusion of the lawsuit is about as textbook a case of retaliation as it gets.

      The rise of victim blaming these days is really quite disturbing. Tesla, like every other company doing business in the United States, is expected to follow all applicable laws and regulations. The law of both California and the United States is that if someone makes a good-faith claim of discrimination, you are NOT allowed to retaliate against them. Tesla being something of a media darling does not exempt them from their obligations to follow the law. They will have their day in court to rebut the allegations made by this woman, but until then, the law says they are not allowed to retaliate in any way. If they can show, in court, that the woman's claims were in bad faith, not only would they be free and clear to fire the woman (and likely go after her for their legal expenses), but they could petition the court to file perjury charges against the woman, since complaints submitted to a court are done under penalty of perjury.

    22. Re: Ballsy by Anonymous Coward · · Score: 0

      Yes, but retaliation is an exception to the at-will laws. If she can convince a jury she had a reasonable belief her complaints were valid, even if she loses the initial lawsuit, she could still win a separate lawsuit claiming they retaliated against her.

    23. Re:Ballsy by cyberchondriac · · Score: 3, Insightful

      Indeed? Conservatives generally place blame for crime where it lies; on the criminals. They go too easy on white collar crime, but generally acknowledge victims and perpetrators for what they are and the roles they play.
      Conversely, liberalism frequently defends violent criminals and twists things to instead portray them as victims, by way of absolving people of personal responsibility (what a concept), and laying blame at the feet of "society", or "Big Pharma", the NRA, "white privilege" (more recently), corporations, and the ever popular "industrial prison complex". They rally for BLM riots, justify the burning of cars, beating of objectors, and destruction of businesses; protest on behalf of Mumia Abu-Jamal, berate and stereotype law enforcement, venerate Che Guevara and Castro, and discount the growing threat of ISIS and Al Queada.
      However, if the criminal can be identified (whether correctly or incorrectly) as "right wing", then all bets are off; suddenly personal responsibility is a factor again; there's blood in the water and new heights of Godwinism are achieved, though the aforementioned items might share some blame as well (usually the NRA).
      Overall, in liberalism, the murderer/attacker/thief/burglar/rapist/mugger is rarely to blame for their violent, anti-social behavior. It's everything else that drove them to this. This is why since an early age I could never vote liberal, it's the pretzel logic, the disregard for actual, hurting victims and the bizarre coddling of violent sociopaths, the twisted definition of compassion and skewing of priorities, despite the fact that I agree with them on some of the other issues.

      --

      Look back up at my post, now look back down, you're on the Internet. Now look back up. I'm a signature.
    24. Re:Ballsy by Anonymous Coward · · Score: 0

      Tesla is playing an extremely dangerous game by firing the woman. Unless they have some hard proof that she made the entire thing up, her lawyer will file a retaliation suit in addition to the discrimination suit and it won't be a question of IF Tesla pays out, but HOW MUCH.

      So what you are saying is that a disruptive employee must be kept on staff based on gender?

      No. What I'm saying -- I am the same AC as above -- is that Tesla is expected to follow the laws of both California and the United States, both of which prohibit any kind of retaliation/adverse job action based on a good-faith claim of discrimination.

      We've been seeing cases of disruptive females losing their discrimination cases, Ellen Pao is perhaps the most prominent example.

      Being a disruptive employee is not a gender specific thing, I've worked with both. The problem employee does tend to grasp at anything to continue to be disruptive, regardless of gender. Certain groups have extra claims they can make. And when you can play the gender card, you will immediately polarize the issue, with people falling into predictable positions.

      We don't know the particulars of this case, so it is difficult to determine who did what. But having a third party investigate the issue was smart on Tesla's part.

      First off, Reddit didn't retaliate against Pao when she filed a lawsuit. The board didn't fire her like a week after she filed her lawsuit. Reddit followed the law and compartmentalized Ellen Pao the litigant and Ellan Pao the CEO. After she lost the case, she resigned.

      As you state, we don't really know what the situation is here. We don't know that the woman was disruptive. Is it disruptive for a woman to expect that she not be sexually harassed in the workplace, and complain if she is?

      Tesla will have its day in court to present their side of the story to a judge/jury, but until that time, they were legally obligated to treat this woman exactly the same as any other employee.

      Now that being said, and with the firing, I suspect that Tesla has at the least, a solid case. I would not be surprised if they refused to settle and took any resulting lawsuit to open court.

      That may very well be, and they will have their day in court to present their version of events. Doesn't change the fact that they violated the law by firing this woman before the case was decided in Tesla's favor.

      Let's take gender out of the equation, and move to a similar matter. Where I spent most of my career, there were a number of service workers. There were a small but not insignificant number of these workers that were Workman's comp/SS disability cases waiting to happen. Minor injuries - like the kind that required a band-aid and antiseptic, were trumped up by these folk as a injury so severe that they could not ever work again. I recall one person who tried to get disability for a back muscle spasm.

      And yup, they were so adamant about the evil place making them work. And yup, almost all were exposed if they did manage to get disability. They keep track of work these days, and if a person is really interesting, they'll have someone tail them and take video and photos. But the point is that there are people out there who are willing to use every tool at their disposal, and the person's sex is now often used as a bludgeon.

      Regardless, it will be interesting to see how this one plays out. But if the Pao case is any indication, a person playing the gender discrimination card case is not a slam dunk when a third party is investigating the issue.

      There are always people out there looking to game the system, no doubt about that, but again, it doesn't change Tesla's legal obligations, which they failed to follow. They are legally not allowed to treat this woman any differently because she filed a lawsuit alleging discrimination. Regardless of how convinced they are of being in

    25. Re:Ballsy by Anonymous Coward · · Score: 0

      Exactly. The (crazy) portraying of criminals as 'victims' is why I tend to say "To hell with anyone calling themselves victims, they're probably criminals then." It makes things so much easier. And it is fun shutting up lefties with "criminals are a kind of victims; so down with victims in general." Well, they don't really shut up, but the original conversation is quickly forgotten and that is the whole point so . . .

    26. Re:Ballsy by Anonymous Coward · · Score: 0

      Tesla is playing an extremely dangerous game by firing the woman. Unless they have some hard proof that she made the entire thing up, her lawyer will file a retaliation suit

      Ok, so the better option is to arrange an industrial accident then?

    27. Re:Ballsy by ABEND · · Score: 1

      I am not a member of the "entrenched left-wing elite." By definition (elite), most people are not members of that group. I can only assume what you mean by "you guys" though you are using it in the manner of a disparaging epithet. You appear to be arguing with someone else.

      There is one major difference between "The Left" and "The Right." You have to look to countries such as Iran to find rightists in power. "The Right" is a fringe group in the west. If you don't think this is true try a thought experiment: list five issues that leftists are always for and rightists are always against and vice versa. Do you see a pattern?

      Try thinking outside the box.

      --
      In all seriousness:
    28. Re:Ballsy by Anonymous Coward · · Score: 0

      How you got from a claim of discrimination to sabotage will forever be a mystery to everyone.

    29. Re:Ballsy by Anonymous Coward · · Score: 1

      Maybe in your mind, but not according to the laws of California and the United States. Tesla just publicly admitted to retaliation, which is such a legally stupid move it's baffling why they did it.

      Put another way... I'm a white male, so in the US should be about as "privileged" as it gets. Until a couple of years ago, I thought much more similarly to people here. Then I went to work for ASUS, and was almost immediately racially discriminated against. I started making noises about how all my Asian coworkers would generally snub me... I couldn't get email responses from anyone to actually do my job -- though my Asian coworkers could send a message to the same person HOURS AFTER me, and get a response BEFORE me -- my manager was less willing to help me compared to my Asian colleagues, I received absolutely ZERO training. Not figuratively zero training, LITERALLY zero training. My first day, I didn't even have a chair to sit on, and they ended up giving me what I called the "tit-a-whirl" chair because it was one of those cheap $20 Office Max chairs and the axis was broken so it would shift from side to side. HR catches wind of this, and somehow my complaining about harassment is deemed to be harassing. They even went as far as to encourage one of my former coworkers file a false police report against me. The cops obviously didn't believe it because they never even made an attempt to contact me about it. Out of roughly 300 total employees, I was one of maybe 10-20 non-Asian employees. Not only were the overwhelming majority of employees Asian, but they were clearly of Taiwanese or Chinese ethnicities. That sort of thing doesn't just happen, it's a deliberate effort.

      Once you actually experience some kind of discrimination, you view the world in a very different way. Both this woman and Tesla will have their day in court to tell their version of events, and a judge or jury will decide which version they found more convincing. HOWEVER, Tesla's retaliation against the woman is a whole separate issue, and Tesla made the idiot move of announcing to the world that they did it. I'm sure the woman's lawyer is still alternating between total disbelief and just cackling wildly because it'll be one of the easiest retaliation suits they've ever handled.

    30. Re:Ballsy by drew_kime · · Score: 1

      The worst case is women claiming to have been raped, when nothing like that happened. It is just far too easy to do and apparently many cannot resist.

      I don't believe it's "many". Any woman claiming rape or workplace harassment is still put through so much shit that I don't think it's that appealing an idea to fake it.

      What is more likely is that the real incidents sound so common and mundane that they don't make for a good story. The only time it gets picked up and reported is when the details are shocking or lurid, and of course the media plays up the most lurid details.

      This means the stories that make the news are more likely to be exaggerated - or yes, outright false - than the average of the ones you don't hear about.

      --
      Nope, no sig
    31. Re:Ballsy by Anonymous Coward · · Score: 0

      That's a common misconception. At-will employment means either party can terminate the employment agreement at any time, and for any reason, EXCEPT the employer cannot terminate someone for certain protected classes. That would include, race, ethnicity, national origin, gender, and some others. California also adds sexual orientation.

      For example: If you work for my company, I can walk up to you out of the blue, tell you I think your shoelaces are ugly, you're fired, get out. I cannot, however, walk up to you and say that I don't like you because you're white/black/asian/other, so you're fired and get out.

      Additionally, if you work for my fictional company, I have an affirmative duty (it's my responsibility) to provide a workplace that is free of discrimination. If I know, or should have known, that there was some kind of discrimination going on, and I did not take any kind of steps to correct it, I am liable as an employer. If you approach the HR department of my fictional company, alleging that Joe in Accounting called you by a racial slur on multiple occasions, I have to do something about that if I want to have any hope of avoiding hefty penalties from the state/federal governments. Now let's say that what Joe actually said was just something that sounded similar to a racial slur, and it was a completely innocent mistake on all sides. Maybe Joe is the best accountant I've ever had, he's angry about being accused of making racial slurs, and he wants me to fire you. If I did fire you, I would be guilty of retaliation in this fictional scenario. You presented a good-faith complaint and it doesn't matter if Joe was actually making racial slurs or you just misheard him, I cannot fire you for it.

      Also, for people reading, it's a useful tidbit to know that there is absolutely no requirement that you take an issue to the company HR department first. You can take it to the state and/or EEOC, completely bypassing the company HR. Generally it looks better for you if you do go to the HR department first, it appears as if you're trying to work with the company to resolve the issue, but it's also important to remember that HR departments are there to protect the company. HR's job is to try to limit the liability of the company as much as possible, and that can frequently result in the person doing the complaining being tossed under the bus. So make sure to document EVERYTHING if you ever find yourself in this situation. Take notes, leave them in your car, BCC a private email account on all interactions with anyone involving the matter at hand. Ask anyone who has had the misfortune, the story you tell HR will get twisted to the point of you wondering if you somehow wandered into an alternate reality. They will arrange it in the way most flattering to the company, possibly even making up a few things along the way, and they will prevent you from accessing your work email account, so you'll be left flat-footed if you don't send yourself copies.

    32. Re:Ballsy by david_thornley · · Score: 0

      You clearly don't know the liberals I know. In fact, I question whether you actually know any that physically exist.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    33. Re:Ballsy by david_thornley · · Score: 1

      Try a real experiment: List government entities with actual power, such as chief executives and legislative bodies. Count how many are controlled by Democrats. Count how many are controlled by Republicans. Then try to tell me that the Right has no power in the US.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    34. Re:Ballsy by Merk42 · · Score: 1

      list five issues that leftists are always for and rightists are always against and vice versa. Do you see a pattern?

      The ones MY TEAM is for are true and good, the ones the OTHER TEAM is for is wrong and bad!

    35. Re:Ballsy by luis_a_espinal · · Score: 1

      Maybe in your mind, but not according to the laws of California and the United States. Tesla just publicly admitted to retaliation, which is such a legally stupid move it's baffling why they did it.

      Tesla admitted to firing an employee that *wrongfully* sued it. Anti-retaliation law would kick in if the suit were justified. IANAL, but that's how it looks from where I sit.

    36. Re:Ballsy by Anonymous Coward · · Score: 0

      HR and your manager should have been fired for not addressing the problems that you presented to them while at ASUS. If this engineer was causing similar problems with her baseless complaints surely she should suffer a similar fate.

    37. Re:Ballsy by mamono · · Score: 1

      I live in Portland, OR. So I know a lot of the liberals he is talking about, and they most certainly do exist. I'm sitting reading cyberchondriac's post and am wholeheartedly agreeing (and supporting) that which he or she is saying. I see and hear this stuff on a daily basis.

    38. Re:Ballsy by Anonymous Coward · · Score: 0

      I grew up in a majority conservative area thinking that conservatives are all idiots because of the dumb, extremist conservative rhetoric I was constantly exposed to. I got older, earned money and traveled more, discovering that the liberals I met outside of the conservative states could be rather similar to what's being described here, rather than the centrist and reasonable liberals I was familiar with from home. Oddly enough, the conservatives I ran into in more liberal areas like California were approachable and even influential to me, even though I identified as liberal at the time.

      Take a wider view, instead of denigrating an entire ideology because of its loudest, stupidest perpetrators. Most people go with the flow - follow the majority, and don't think too much about it. If you want to learn about Christianity, you should probably talk to a priest instead of your average churchgoer who has attended since childhood just because and never really though too hard about why. These people are not who you go to if you want to learn, because they never thought hard about why they believe what they do in the first place.

    39. Re:Ballsy by torkus · · Score: 1

      Actually, this is why many legitimate victims never bother to speak out. They already went through a bunch of shit and don't want any more.

      However, those seeking a thrill (or money/attention) and realizing they have nothing to lose have greater motivation to make a huge ordeal.

      It's the second group that completely screws over the first by making people take them less seriously.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    40. Re:Ballsy by torkus · · Score: 1

      The terms you're looking for are 'good-faith' and 'bad-faith'.

      Even if it's a shitty lawsuit, if she *in good faith* believed or had evidence to support her claims, it's a meritorious lawsuit and she is protected from retaliation. Firing her after complaining about harassment, discrimination, etc. is an extremely clear example of retaliation. How good or bad her case is doesn't matter and neither does winning or losing.

      However if she acted in bad faith - she had legitimate reason to believe her lawsuit was NOT based on actual facts or was intentionally fabricating false information - then those protections go out the window. If, she claimed some employee harassed her and it was clearly documented that they never crossed paths and she made the whole thing up, then her protections potentially go out the window.

      You need a VERY clear path to establish bad-faith. That's why so many obviously BS lawsuits get to continue and no one gets in trouble. As long as you can show an even vaguely reasonable chance that you believed the BS when you started it all, you are generally protected.

      --
      You can get rich if you own a politician, but you have to be rich to buy one in the first place.
    41. Re:Ballsy by Dragonslicer · · Score: 1

      Yes, all of that is true. My only point (which could have been clearer) was that a case doesn't become meritless after the fact just because you don't win.

      "Merit" and "Faith" are somewhat related. I suppose it's theoretically possible that she believes, in good faith, that she was discriminated against because of her gender, but if she can't provide any facts or evidence to support her belief, it would still be a meritless lawsuit.

    42. Re:Ballsy by gweihir · · Score: 1

      There are, but that is a special case unless you use a very broad definition of "mentally ill". For the purpose here, you would have to include things like regular narcissism.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    43. Re:Ballsy by gweihir · · Score: 1

      It's the second group that completely screws over the first by making people take them less seriously.

      Indeed. And that makes the false claims far worse than many other crimes.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    44. Re:Ballsy by phantomfive · · Score: 1

      This is why since an early age I could never vote liberal, it's the pretzel logic, the disregard for actual,

      The problem is, often Republicans match their own stereotype as well. "Oh look, they actually are defending tax cuts for the wealthy and for bankers." They don't actually hate women.......then some Republican gets on the radio saying that you can't get pregnant in a 'legitimate rape.'

      It's depressing how often politicians actually live up to the cartoonish, negative stereotypes others make of them.

      --
      "First they came for the slanderers and i said nothing."
    45. Re:Ballsy by Ol+Olsoc · · Score: 2

      First off, Reddit didn't retaliate against Pao when she filed a lawsuit. The board didn't fire her like a week after she filed her lawsuit. Reddit followed the law and compartmentalized Ellen Pao the litigant and Ellan Pao the CEO. After she lost the case, she resigned.

      Let's stop here. The lawsuit that I was speaking about was the one against Kleiner Perkins for gender discrimination This was the one in which she managed to be both discriminated against, and found it advantageous to enter in to a sexual relationship with a senior partner at Kleiner Perkins. This as we all know is a great way to bolster your credibility. Pro offered to drop her appeal of the case for 2.7 million dollars from KP.

      Some of the sexual "harassment" she received was a gift of a book of Leonard Cohen poems. Apparently there was an all male dinner that was intolerable, we have to remember there has never ever been any all women dinners between workers. These are what third wage feminists call "micro-indignities". These are what regular people, men and women both, call life. Except most of us aren't having sex with senior partners. Meanwhile she was ordered to pay $276,000 of Kleiner Perkins legal fees.

      That's pretty disruptive.

      There was no reddit lawsuit as far as I know, but she is always up to something, some might think.

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    46. Re:Ballsy by c · · Score: 1

      There are, but that is a special case unless you use a very broad definition of "mentally ill". For the purpose here, you would have to include things like regular narcissism.

      That certainly may be the case here; I haven't seen following it all that closely. I just threw that in there to remind people that "guilty" or "not guilty" aren't the only answers to stuff like this... there's always the occasional "WTF?" case.

      --
      Log in or piss off.
    47. Re:Ballsy by martinfb · · Score: 1

      Tessa must have some pretty damning evidence against her to fire her for this, ....

      Something seems wrong with this picture https://www.theguardian.com/te....
      I cannot imagine that there was he level of harassment that she claims.

      --


      Self-importance and self-indulgence is the root of ALL evil.
    48. Re:Ballsy by ABEND · · Score: 1

      If "The Right" is powerful in the U.S., where is the evidence of this power? The U.S. is strongly socialist with virtually no capital punishment and no centralized and powerful major religion. This is antithetical to right-wing philosophy.

      You are confusing political parties with political philosophies. Think outside the box but don't forget what is in the box.

      --
      In all seriousness:
    49. Re:Ballsy by david_thornley · · Score: 1

      The US is not strongly socialist. It is far behind every other developed nation in providing security to its citizens. By the standards of most developed nations, the Democrats are right-wing and Sanders is a centrist. It has religious groups that are powerful enough to screw up teaching in public schools and impose faith-based and ineffectual sex education and womens' care.

      I didn't think capital punishment was a core right-wing value.

      There have been right-wing movements with no major religion. Nazi Germany was somewhat hostile to religion. Fascist Italy was officially Catholic, but used that as more of a symbol of nationality than a source of authority.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    50. Re:Ballsy by david_thornley · · Score: 1

      Could it be a regional thing? I live in a liberal metro area. Most of my family and the majority of my friends are left-wing. I never hear talk excusing criminals, although I do hear interesting ideas on ways to deal with crime other than locking criminals up for long periods of time. (The prison-industrial complex does exist, and is a bad thing.) I can get negative opinions on Batista easily enough, but my friends and family never seemed pro-Che or pro-Castro. There is no growing threat of al-Qaida and ISIS, and if you want me to believe otherwise you need to supply evidence I'm fairly sure doesn't exist.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    51. Re:Ballsy by Evil+Kerek · · Score: 1

      And you've been a lawyer for how long and in what field?

  4. There's no good outcome here. by Gravis+Zero · · Score: 3, Insightful

    Regardless of the claims legitimacy, she was becoming increasingly hostile toward the company and thus a liability. That said, I really hope there was no discrimination here.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:There's no good outcome here. by Anonymous Coward · · Score: 0

      The pay discrimination would be a fairly easy to prove (or disprove) avenue they could use in court. If she made that up, it would be grounds to fire her and she'd have no recourse.

    2. Re:There's no good outcome here. by Anonymous Coward · · Score: 0

      There is a good outcome: there is one more public case about sexual harassment and discrimination lies not getting one free money. The more companies are bold about exposing extortionists like this, the less false accusers there will be.

    3. Re:There's no good outcome here. by Anonymous Coward · · Score: 0

      Interestingly, assuming this is correctly her [0], it looks like she had 4 jobs at Tesla in four years; assuming it's not just title switching, salary changes should have happened as well. The salary changes will allow multiple points of high/low/equivalent that can be evaluated here.

      However, she goes from Sales positions to "Manufacturing Engineer" to her most recent position, none of which explicitly require any educational training except possibly the engineering role.

      [0] https://www.linkedin.com/in/aj-vandermeyden-89a90163

    4. Re:There's no good outcome here. by LostMyBeaver · · Score: 1

      The claim clearly mentions relativity in relation to qualifications.

      This would mean people would have to risk their reputation with their employer to testify in favor of her qualifications.

      That said, the receptionist goosed me while I was making coffee the other day! I am not sure whether I should sue... or maybe think it was funny.

      Oh... and I am in favor of firing people who "cat call". I have been "cat called" at work by the ladies and it makes me blush. I think calling me over to harass me privately is much better and preferred.

    5. Re: There's no good outcome here. by Anonymous Coward · · Score: 0

      The fact she lists four years as an MRI tech on her resume is pretty amateur.

    6. Re:There's no good outcome here. by edx93 · · Score: 1

      I hope so too, but looking at the article there is no mention of any form of solid evidence she had against the company. On the contrary, statements like "Although she had positive performance evaluations, she felt she had to transfer out of general assembly to the purchasing department" (emphasis mine) seem to imply that this was based more on feelings than fact. Of course, I could be wrong, but with all the free-riders playing the woman-card and a lack of evidence (at least based on the posted article), I'm naturally disinclined to believe her.

    7. Re:There's no good outcome here. by bill_mcgonigle · · Score: 1

      There is a good outcome: there is one more public case about sexual harassment and discrimination lies not getting one free money. The more companies are bold about exposing extortionists like this, the less false accusers there will be.

      Right. Everybody considers the risks of acting, but few consider the risks of not acting. Musk's companies appear to be particularly good at balancing such risks.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    8. Re:There's no good outcome here. by david_thornley · · Score: 2

      Except that employers are clearly and strictly forbidden to retaliate against someone launching a non-frivolous lawsuit against them. If the woman in question has reasonable evidence (and apparently she does), the lawsuit is not frivolous, whether or not she wins.

      She may have been becoming increasingly hostile against the company, but that could be because the company was becoming increasingly hostile to her. I don't know whether or not it was, but just providing a hostile environment in the face of a lawsuit is retaliation.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  5. Re:Duh by Anonymous Coward · · Score: 0

    You wanna give some credible references or is this just more feminazi/peecee bullcrap?

  6. Re: Duh by Anonymous Coward · · Score: 0

    Penis = Better worker

  7. Re:Uh oh by Anonymous Coward · · Score: 0

    It'll be an embarrassing mix white knights, trolls, basement dwellers and boring reasonably minded people.

  8. Entitled by geekymachoman · · Score: 3, Insightful

    > "Despite repeatedly receiving special treatment at the expense of others, Ms Vandermeyden nonetheless chose to pursue a miscarriage of justice by suing Tesla and falsely attacking our company in the press," ...

    Some of them expect special treatment even, and then bitch about it, or in this case, try to milk some money out of the company.. because .. women harassment, and "wage gap" is hip nowdays.

    Plain bullshit, is what it is.

    1. Re:Entitled by Anonymous Coward · · Score: 2

      Yeah, she sounds like the second coming of Ellen Pao. Speaking of which, I wonder what ever happened to her deadbeat ponzi scheming beard who owed exactly the amount of money she tried suing Kleiner for.

    2. Re:Entitled by markdavis · · Score: 4, Interesting

      +1 Bingo

      Just because she says or thinks she is harassed or paid less doesn't make that true. And to make it a media circus doesn't help the situation. No doubt there are PLENTY of people who do this now just to get what they want. It is a shame because there are legit issues that need to be addressed at places that will get overlooked when things are made-up by others and found to be unjustified.

    3. Re:Entitled by TWX · · Score: 5, Insightful

      I've seen both in tech circles. I've seen women that were harassed, and I've seen women that got special treatment where they were good at deflecting the work that was supposed to be assigned to them to others, or faced no punitive action for severely underperforming to the point that it became obvious to outsiders.

      I've also seen men that were bullied in the workplace and did not have any advancement, and men that also managed to underperform for extended periods of time. Gender doesn't really dictate this.

      Frankly we're not going to ever know the particulars of this case. Basically none of us were there, and it would behoove anyone that was to not say anything unless it's part of any legal proceedings and behind closed doors, or potentially in-court. At the moment there's only a single datapoint, so there isn't enough information for us to make any real conclusions. She may well be right, and could have been the target of specific harassment that was covered-up by some element of management, or she could be making false claims. There just isn't enough information for us to conclude anything.

      --
      Do not look into laser with remaining eye.
    4. Re:Entitled by Anonymous Coward · · Score: 0

      Given your glorious username- you now have a new responsibility: To use the name correctly by spelling things incorrectly :)
      We really need you to stay in character- super please. To carry on the misspelling origins of convfefe

      "Grabv em byfe the pisser, I alvfeys say."

      Or something to that effect. PLEEASE :D 3

    5. Re:Entitled by deek · · Score: 3, Insightful

      That's very true, but from the actions taken, we can conclude that Tesla are very confident that they're on solid ground here. Hence the chances of her being the type to game the system are pretty high. Not conclusive, certainly, but still quite high.

    6. Re:Entitled by Anonymous Coward · · Score: 0

      Who knows what happened, taking on a big purse like tesla takes balls. Maybe GM & co is financing her?
      Female pay complaints are common, maybe for a good reason. Pay is often set by performance, and performance reviews, not by uncle sam pay scales.
      Pay is also determined by negotiation skills, and market value of the talents. If the company feels the worker will have a rough time getting better paid elsewhere they will hesitate in increasing pay. It is not a linear thing.
      Sexual harassment claims may be true, or just wishful thinking. The woman in question is not very attractive, overweight with a lazy eye. The lawsuit thing may just be a ruse to deflect from her performance.
      www theguardian com/technology/2017/feb/28/tesla-female-engineer-lawsuit-harassment-discrimination (dots removed)
      If the culture at Tesla is as rotten as SpaceX she may or may not have point. Tesla is a bleeding edge company pushing the limits, and its course has not been rosy. I would expect this to be a high stress environment.
      www quora com/What-is-it-like-to-directly-report-to-Elon-Musk

    7. Re:Entitled by R3d+M3rcury · · Score: 2

      Just because she says or thinks she is harassed [...] doesn't make that true.

      Actually, I'm not so sure about that.

      Years ago, I went through "Sexual Harassment Training" (No, it wasn't what you think). And, as the lawyer basically said, there are really no guidelines in the law for what is and isn't sexual harassment. What the courts have pretty much done is said that, "If you think you were harassed, you were." The defense usually boils down to whether or not you communicated your feelings to the company and whether or not the company acted appropriately. There's no "That's not sexual harassment" defense.

      This is why we have things like "harassing environments" and people not being allowed to have a picture of their wife in a bikini on their desk.

    8. Re:Entitled by Anonymous Coward · · Score: 0

      Frankly, i have seen all of thees but with male developers. And much much more often. Maybe because there are too many male, and ah so little female developers?
      Whatever the reason, the fact is that male developers are much more shitty and flaky than the female ones.

    9. Re:Entitled by bytesex · · Score: 1

      Sad.

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    10. Re:Entitled by newdsfornerds · · Score: 1

      Right on.

      --
      Damping absorbs vibrations. Dampening is caused by moisture.
    11. Re:Entitled by Anonymous Coward · · Score: 0

      "people not being allowed to have a picture of their wife in a bikini on their desk."

      Do you really think that is appropriate in a work environment? Admit it, you voted for Trump.

    12. Re:Entitled by Anonymous Coward · · Score: 0

      The difference is men just have to get on with it. They were not conditioned from birth that they're special princesses. When reality hits, many of the younger generation are wondering why they world isn't all fluffy bunnies and echo chambers. People have different opinions, backgrounds, and experience. The twatter generation have been able to filter that out, at least until they step inside a real business where they're just another bunch of inexperienced limited skills people starting out. In previous years people knuckled down, today though, especially with the lib-left media, people are woefully equipped for reality beyond the safe bubbles they've manufactured.

    13. Re:Entitled by Baron_Yam · · Score: 1

      It could be a family vacation photo. I have one, for instance, that goes on display on my desk from time to time... because it was a great vacation and I like to remember it.

      People who think everything is sexual / perverted are the ones with the problem.

    14. Re:Entitled by Anonymous Coward · · Score: 0

      The lawyer here, Therese Lawless, is the same lawyer that represented Ellen Pao.

    15. Re:Entitled by R3d+M3rcury · · Score: 1

      Actually, at a place where I used to work, one of my co-workers was married to a body-builder. He had an 8x10 of his wife holding a trophy she had just won in a competition. So, yeah, she was oiled up and wearing an eeny-weeny bikini. It struck me as a guy who's proud of his wife's accomplishments and, perhaps, finds motivation in her success.

      I used to work with a woman who had a few postcards on the wall by her desk featuring handsome men with six-pack abs. These weren't even people she knew. She just liked the pictures.

      So, if I derive some sort of peace or motivation or something from the picture, yes, I think it's appropriate for a work environment.

    16. Re:Entitled by Evil+Kerek · · Score: 1

      Agreed - I've seen this going on in all gender, races, blah blah blah. A lot of people suck and there's no avoiding them in a corporate environment. They do just enough to not get fired but not enough you don't have to carry their water.

      The only good thing I saw from a place I use to work - they put an end to 'coasting' in place and getting a 3% raise every year by putting a ceiling on every position. If you were over the band, you had six months to find a new position or have your salary reduced and frozen at the top end of the bracket.

      That at least put an end to 'I'll just tread water here until I retire'.

  9. Re:Duh by HornWumpus · · Score: 2

    Hint: Search Youtube for 'Fred Garvin male prostitute'

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  10. Pussy Pass Denied! by Anonymous Coward · · Score: 0

    n/t

  11. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  12. When will people learn by Anonymous Coward · · Score: 1
    1. Re: When will people learn by Anonymous Coward · · Score: 1

      HR works with legal to make sure the company doesn't get sued - that's their primary concern

  13. The lawsuit by Areyoukiddingme · · Score: 5, Interesting

    We might actually get to hear all the nitty gritty details on this one, rather than the usual handful of accusations in the press followed by the company settling the lawsuit with a gag clause. If Tesla's lawyers think they're on firm enough ground to fire her after she filed suit, they must also think they're on extremely firm ground regarding the suit itself, in which case they should fight it out to a conclusion. Which is damn rare. We're going to get an unusually detailed look at the HR practices of a billion dollar company. Should be fascinating.

    I wonder what the market will think of it tomorrow... Their stock hit a new 52 week high today of $344.88. Which happens to also be an all-time high. The previous high was $342.89.

    1. Re:The lawsuit by Jzanu · · Score: 1

      Markets are often delusional. Tesla has yet to turn a profit, claiming growth - yet every other firm manages to grow while it is profitable. Tesla has significant governance issues, so it isn't being managed well at all.

    2. Re:The lawsuit by Jzanu · · Score: 1

      Missed a link. Musk has his own significant conflict of interest, and it hinders effective management.

    3. Re:The lawsuit by rahvin112 · · Score: 1

      TSLA stock fluctuates more than 100 points in 6 month cycles. It will be all about proof, if she has any they are going to get soaked because now she's got a retaliation claim to go with the sex harassment claim.

    4. Re:The lawsuit by Areyoukiddingme · · Score: 5, Interesting

      Tesla has yet to turn a profit, claiming growth - yet every other firm manages to grow while it is profitable. Tesla has significant governance issues, so it isn't being managed well at all.

      Firms which are profitable while growing are typically growing at single digit percentages per year, while not being in one of the most capital intensive industries in the world. Did you know there's a battery factory in Nevada now? It was empty desert a few years ago. Do you think that was free? Or even cheap? They spent half a billion dollars on capital expenditures in the fourth quarter of 2016 alone, then did it again in the first quarter of this year. They expect to spend an additional $1.5 billion on capital expenditures by September. The incumbent car companies thought they were completely safe from new competition because they knew how much money somebody would have to spend in order to actually compete with them. They believed that everybody was just like you, too cowardly to spend that money in order to build factories. Turns out they were wrong, just like you.

      I read your links. They're both a year old, and almost totally obsolete. The SolarCity buy is a done deal. There is no SolarCity anymore. It's all Tesla now. I'm not so sure it was a good purchase, but all "will they/should they" analysis is irrelevant. They did. Meanwhile they made $2.7 billion in GAAP revenue in the first quarter of this year, up almost triple what they made a year ago. They did it by producing cars 64% faster than they did a year ago. And that's with zero ZEV sales in the quarter. Nobody has to buy the zero emissions credits from them anymore. The whining about the board of directors is nothing more than a naked attempt at a power grab. I consider Tesla's ability to tell the usual suspects to go to hell a serious strength, not a weakness. Those people only know how to fuck up old companies by gutting them, not grow new ones.

      Badly managed? Not even close. You just don't have any idea how to evaluate them because what they're doing hasn't been done in your lifetime. They're spinning up a global car company from scratch. Fifteen years ago they didn't exist. Of the top 15 car companies in the world (by manufacturing volume), 7 of them are over a century old and 2 of them aren't global (neither SAIC nor Peugeot Citreon sell into the US market). None of them were founded less than 40 years ago. Groupe PSA, formerly Peugeot Citreon, is the youngest, founded in 1976. The rest date from the 1940s or earlier. Two of them, Fiat and Renault, date from the 1800s. When Tesla is a century old, maybe you'll be able to understand them.

      Tesla Motors isn't one of the top 15 in the world and may never be, but they're competing directly with those top 15. That's expensive. Really expensive.

      I can't deny that markets are delusional though...

    5. Re:The lawsuit by newdsfornerds · · Score: 1

      I hope Tesla is on firm enough ground to grind her into the dust.

      --
      Damping absorbs vibrations. Dampening is caused by moisture.
    6. Re:The lawsuit by barc0001 · · Score: 1

      > Tesla has yet to turn a profit, claiming growth - yet every other firm manages to grow while it is profitable.

      *cough* AMZN *cough*.

      https://www.theverge.com/2013/4/12/4217794/jeff-bezos-letter-amazon-investors-2012

      Bezos practically invented the growth-first-profit-whenever mantra, and it's worked for Amazon at least.

    7. Re:The lawsuit by Anonymous Coward · · Score: 0

      Groupe PSA, formerly Peugeot Citreon, is the youngest, founded in 1976.

      Not to mention that both Peugeot and Citroën are much older than that as separate entities.

    8. Re:The lawsuit by Anonymous Coward · · Score: 1

      Peugeot dates from 1896 but grew from a family business from 1810. Peugeot produced its first car in 1891.Citroën is younger, founded in 1919. Citroën went bust in the 1970s following the oil crisis, they'd invested heavily in inefficient Wankel engines. Peugeot bought Citroën under pressure from the French Govt.

    9. Re:The lawsuit by david_thornley · · Score: 1

      I hope whoever's in the right wins.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  14. Re:Duh by Anonymous Coward · · Score: 5, Insightful

    Hiring quotas result in employees that take their jobs for granted, don't produce, and cause trouble....and they get away with it because the company can't fire them due to the quota.

    It IS true that some places tolerate harassment and pay women unfairly. It is ALSO true that some women make these accusations when they aren't true, to get EVEN MORE pay and EVEN MORE special treatment. Abuses exist on both sides, and so we should not try to fix them with a one-sided solution.

  15. Engineer? by Anonymous Coward · · Score: 4, Informative

    https://www.linkedin.com/in/aj-vandermeyden-89a90163

    Some how she is an MRI aide then a sale rep then without any gap in work she becomes an engineer, I guess she could have gone into sales straight from engineering school but this seems unlikely. Can we please stop calling everyone who works in the Bay area and engineer. Are the homeless there street engineers?

    1. Re:Engineer? by Anonymous Coward · · Score: 5, Informative

      Found more:

      https://electrek.co/2017/02/28/tesla-allegations-discrimination-female-engineer-review/

    2. Re:Engineer? by Anonymous Coward · · Score: 0

      Um yeah, I don't know if I would call this "more."

    3. Re:Engineer? by Anonymous Coward · · Score: 0

      Not until the general populace such as yourself learn to communicate effectively. To use a conservative dog whistle you're sure to understand: THIS IS AMERICA! SPEAK SOME GOD DAMNED ENGLISH!

    4. Re:Engineer? by OverlordQ · · Score: 1

      > Some how she is an MRI aide then a sale rep then without any gap in work she becomes an engineer

      Look at the dates. She worked in the MRI like *while she was at school*

      --
      Your hair look like poop, Bob! - Wanker.
  16. Re:Uh oh by Anonymous Coward · · Score: 0

    this is slashdot. the comments are immediately a shit show. always.

  17. Re:Uh oh by roc97007 · · Score: 1

    And entertaining, in a somewhat ghastly way.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  18. This is why by slashmydots · · Score: 2, Insightful

    This is why you don't hire SJW feminist snowflakes.

  19. I wish by Anonymous Coward · · Score: 0

    I wish they would include a photo of the employee in the article instead using someones facebook photo of a Tesla car. Do they expect us to believe that someone who wears ballet flats with full length jeans that don't fit is being sexualized?

  20. I couldn't help but notice... by hyades1 · · Score: 4, Funny

    ...Vandermeyden's attorney is Therese Lawless.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
    1. Re:I couldn't help but notice... by Anonymous Coward · · Score: 1

      She should have went with Lucy instead.

    2. Re:I couldn't help but notice... by Anonymous Coward · · Score: 0

      I couldn't help but notice Tesla's logo is a uterus.

    3. Re:I couldn't help but notice... by Anonymous Coward · · Score: 0

      What a name for a lawyer. "Welcome to the Lawless Law Firm. Who can we sue for you today?" It makes me wonder if the law offices of Bob Lob Law actually exists somewhere.

  21. Trust deterioration. by DrYak · · Score: 4, Insightful

    Whenever some people are really discriminated against, you find others that are just trying to get a free ride on this. Pretty bad.

    The free rider are pretty bad indeed. Even more so, because they contribute to reduce the trust in actual victims.

    The couple of stupid women claiming "rape" just to get some money, will make it all more difficult for all the *actual real* rape victims out-there to speak, because the victims will fear they won't be believed.

    It's a sort of Girl who cried wolf, except that the consequences of "excessive wolf-crying" will fall on someone else.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
    1. Re:Trust deterioration. by gweihir · · Score: 2

      Just my thought. Unfortunately, the truth is often not easy to find here. That makes it easier for the scum that makes false claims and far, far harder for the real victims that already have to struggle with what was done to them. Apparently, there are countries in Europe where the police does not follow-up on more than half of the rape complaints because they have absolutely no credibility. It seems to be quite common in child custody cases as well and the criminals (yes, criminals) that make these false claims usually get away with it without being punished because the police just does not investigate obviously bogus claims, apparently to not make it even harder for real victims. While I can understand that, this encourages false claims even more.

      Personally, I think making a false claim of rape is about on the same moral level as raping somebody. I think that if proven beyond a doubt, people doing this should go away for the same time that a rapist does.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  22. Whenever SJW is involved ... by Mosquito+Bites · · Score: 0

    ... there ain't gonna be any good outcome

  23. Promote as an engineer WITHOUT a degree by Anonymous Coward · · Score: 5, Informative

    “Tesla is committed to creating a positive workplace environment that is free of discrimination for all our employees. Ms. Vandermeyden joined Tesla in a sales position in 2013, and since then, despite having no formal engineering degree, she has sought and moved into successive engineering roles, beginning with her work in Tesla’s paint shop and eventually another role in General Assembly. Even after she made her complaints of alleged discrimination, she sought and was advanced into at least one other new role, evidence of the fact that Tesla is committed to rewarding hard work and talent, regardless of background. When Ms. Vandermeyden first brought her concerns to us over a year ago, we immediately retained a neutral third party, Anne Hilbert of EMC2Law, to investigate her claims so that, if warranted, we could take appropriate action to address the issues she raised. After an exhaustive review of the facts, the independent investigator determined that Ms. Vandermeyden’s “claims of gender discrimination, harassment, and retaliation have not been substantiated.” Without this context, the story presented in the original article is misleading.”

    1. Re:Promote as an engineer WITHOUT a degree by Anonymous Coward · · Score: 1

      Got to fulfil those diversity quotas somehow. How's that working out for you now, Tesla?

    2. Re:Promote as an engineer WITHOUT a degree by PPH · · Score: 2

      Time to repeal the states' industrial exemptions for engineering licensing.

      --
      Have gnu, will travel.
    3. Re:Promote as an engineer WITHOUT a degree by WallyL · · Score: 1

      Yeah, well, but for now I recommend she stays out of Oregon!

  24. Re:Duh by Anonymous Coward · · Score: 0

    they are an at will employer. even in california they dont have to do so much. every organization collects their parasites, its inevitible

  25. Amazon by mykepredko · · Score: 2

    For the most part I agree with you regarding markets, but I should point out that for years Amazon didn't make any money, Mr. Bezos put out a ton of promises and ... Look at where they are now. Maybe they're the exception that proves the rule.

    Tesla might not be making any money right now, but I would think it's a pretty safe bet to invest in long term.

    1. Re:Amazon by queazocotal · · Score: 2

      It was a pretty safe bet to invest in tesla, when their stock price was, and a reasonable premium over a 'normal' company might not be unreasonable.
      But - a market cap over Ford, ...

      There are some sane reasons that this might be still a good investment.
      Tesla is planning to have their autopilot in a state that it can do driveway to driveway from one coast to the other by the end of the year.
      At this point, there will be some tens of thousands of autopilot-hardware-capable vehicles on the road.
      It could be that they can get autodrive rolled out and working properly before any competitor.
      Which could have obvious benefits.
      Autopilot in a $30K car somewhat kills other vendors which might have tried to launch it only at a superpremium price point.

  26. You don't know that by Anonymous Coward · · Score: 1

    What really happened is irrelevant especially to the side in the wrong who will do everything in their power to win. You don't know what happened. Only a very small number of people involved with this case do. "neutral, third-party expert"? LOL! Who is paying them? Expert in what exactly? Were they there when "it"
      happened? Come on!

    Cases like this are won and lost in the public arena but Tesla by playing hardball and not showing a scrap of evidence has been able to convince you, Dear Alvin, prospective juror and member of the public whose goodwill and car budget Tesla seeks, that Tesla is in the right here.
     
    Tesla's lawyers will pile on pressure until she cracks and drops the suit. It's their job to do that even if they know she's been screwed over.
     
    Has she? It's irrelevant. Welcome to "The Law".

  27. She has potential to be a solid 6.5. by Anonymous Coward · · Score: 0

    Lose some weight and she'd be a good lay.

  28. Try a better picture. She looks like a woman. by Anonymous Coward · · Score: 0

    That photo has an extreme camera angle (shot from knee level), plus her right cheek is in bright sunlight, and her left cheek is in shadow. Try an image search her name. The first two pics are that same red shirt with knee-level shots (one sitting in a car, and one sitting on a table), but the third is a flash photo close-up of her face from some other time.

    Once you see the closeup shot, you'll realize that (1) it's obviously the same person, and (2) she definitely looks like a woman, and (3) she's way out of your league.

    1. Re:Try a better picture. She looks like a woman. by Anonymous Coward · · Score: 0

      She's an over weight, self obsessed, unattractive, uneducated abuser of circumstance. If you mean out of my league, you must mean way below me, and I'd have to agree.

    2. Re:Try a better picture. She looks like a woman. by Anonymous Coward · · Score: 1

      She's disgustingly ugly. That's just a fact. Sex with her would be on the same level as bestiality. Again this also cannot be denied.

    3. Re:Try a better picture. She looks like a woman. by Anonymous Coward · · Score: 1

      Yeah guys that catcall women like that bring us all down. This is one fugly specimen.

  29. Re:Fuck Tesla and Musk by Anonymous Coward · · Score: 0

    another sjw blown the fuck out.

    sorry, not sorry.

  30. Re:She looks like a man by Anonymous Coward · · Score: 0

    Nobody cares that you're transphobic and worried about your own masculinity. You don't need to advertise.

  31. Re:She looks like a man by Anonymous Coward · · Score: 0

    Who'd cat call her? She looks like a potato.

  32. sexual harrasment? that? by Anonymous Coward · · Score: 0

    Does Tesla employ perverted sexually deprived chub chasers ?,It would be extremely strange that anyone would cat call her... maybe it was meant to someone else?

  33. Elon fanboys at work by Anonymous Coward · · Score: 1

    Poor woman, she took on Elon with his thousands of male-Orks in his wings and on the general IT cancerous industry with its 99% brogrammer attitude.
    She clearly is faking it or she is crazy. I don't see any trouble at all in any of that.

  34. Re:Duh by Anonymous Coward · · Score: 2, Insightful

    You get paid what you negotiate for when you get hired. Want more? Ask for more at the start.

    If you are an engineer that agreed to $90k a year and I'm an engineer that held out for $125k a year (numbers are for illustration, I have no idea what she makes), and the company decided they needed us both, that isn't discrimination.

    If you accepted $90k a year and were asked to take over the job I was doing, same job as you by your own admission, why should the company raise your salary?
    You're doing the same work that you agreed to do when you were hired and accepted $90k.

    Most companies have an across the board merit increase pool each year, 3-5% seems most common, so you and the guy next to you likely both go up the same percentage unless you either get promoted or do an above and beyond job.

    Now if you requested $125k and I requested $125k and they said yes to me and no to you, but our backgrounds were equivalent, then maybe you have a case

  35. Reason #86753 to not hire SJWs by sproketboy · · Score: 1, Troll

    If you see gender studies or similar on their resumes - DON'T HIRE.

  36. Re:Duh by mrclevesque · · Score: 1

    Traditional discrimination doesn't simply go away on its own or because the discriminated raise their demands.

  37. Tesla lawyers by Anonymous Coward · · Score: 0

    Sue the bitch and force a public apology court ordered.

  38. All just reacting to the word 'female' by Anonymous Coward · · Score: 0

    I bet the tone of voice in this comment section would be different if it were a male engineer unfairly treated and fired. AC

    1. Re:All just reacting to the word 'female' by Anonymous Coward · · Score: 0

      If this were a story about a male engineer unfairly treated and fired, it would require much more egregious offences to have a hope of being a story.

    2. Re:All just reacting to the word 'female' by Anonymous Coward · · Score: 0

      I bet the tone of voice in this comment section would be different if it were a male engineer unfairly treated and fired. AC

      The tone would be silence, since it wouldn't have been a /. story at all. You don't see a /. story every time some neckbeard gets fired for being a slob, do you? No.

      We're sick of the SJW crap that is being shoved down our throats here on /.

      I'm all for equal treatment of all, but I don't need a damn guilt trip for something I have absolutely fucking nothing to do with beyond having a penis.

  39. Its a toss-up by JustNiz · · Score: 2

    I don't know which I find most likely:

    1) That a Californian feminist would get self-righteously offended at anything/everything and conveniently mislabel it all as sexual harassment.

    2) That Elon Musk is screwing his own workers as hard as he can.

    I mean there are already plenty of real-world examples of both.

  40. Re:Duh by Frobnicator · · Score: 2

    Yes, at will employment (which is the default in every US state, unless the employee signs away the rights) means both sides can end at any time; employers can fire at any time for "any reason or for no reason". Employees can also quit at any time for "any reason" or "no reason". Laws and lawyers are tricky in the details. The "any reason" and "no reason" actually have some limits that make it illegal. The law allows for several reasons which people cannot be fired.

    Even if the company gives a totally different reason or gives no reason, people cannot be fired based on several factors:

    • * Discrimination of various protected classes. This is by far the most common. If a mass layoff had an unexpectedly high percentage of a protected group they could probably convince a judge it was discriminatory. On the individual scale, a job termination of an individual due to discrimination like pregnancy or childbirth, or a person becoming too old and slowing down at work, or becoming disabled, etc, are also subject to discrimination protections. (Unprotected classes can generally be used for discrimination so things like physical appearance and body weight, political views, and credit history, although some states are slowly adding protected classes.)
    • * Retaliation for lawsuits. It is unfortunately rather common. Federal laws make this an illegal firing, even if the claims fail in the courts. A person has the legal right to sue their employer if they suspect wrongdoing. Retaliation rules strongly favor employees and they don't require intent; for example if there is a harassment claim so the person being harassed gets moved from day shift to night shift because that's what the company thinks is the best way to separate the two, if the harassed person doesn't want to work night shift that is retaliation against the employee and can result in enormous fines and penalties against the company. This is the reason Tesla is going to lose this fight and pay a huge settlement. Their public press releases keep stating it was because of the lawsuit. The one in the article stated "After we carefully considered the facts on multiple occasions and were absolutely convinced that Ms Vandermeyden’s claims were illegitimate, we had no choice but to end her employment at Tesla." That action is absolutely forbidden under federal law. If the PR person talked with the company lawyers first they probably would not have said it.
    • * Similarly, complaining and reporting about safety violations and OSHA requirements are an illegal reason to fire people. The right to a safe workplace is legally guaranteed.
    • * No firing for employees refusing to commit an illegal act, such as refusing to lie to the police/courts to protect the company, refusing to commit fraud, refusing to intentionally harm someone, etc. Just like contracts, you cannot hire someone to break the law for you, no murder contracts, robbery contracts, prostitution contracts, etc.
    • * No firing for the person exercising legal rights and responsibilities. Employers MUST allow a person time to vote on election day, they MUST allow for medical leave, they MUST allow for jury duty, they MUST allow for someone with a summons to court. Most employers follow these, but when a company says a worker must to choose between jury duty and their jobs, or choose between going to the hospital or their jobs, government agencies are quick to intervene and the courts show no mercy to those companies. In some states this is extremely severe, a few states like New York if a company actively prevents even a single worker from voting the company can lose their business license in the state.
    • * No firing for a person called to military service, allowing for up to five years of absence from the company. It is surprising to many companies, but someone may come back from service in Iraq or Afghanistan after several years and their job must be restored.
    • * Refusal to take a lie detector test, except for certain government jobs. Science proved
    --
    //TODO: Think of witty sig statement
  41. Workplace ethics by Anonymous Coward · · Score: 2, Informative

    In the USA, it's been my experience in the workplace that males are generally VERY careful about what they say in the presence of females, to the point that males prefer to remain silent in their presence.

    1. Re:Workplace ethics by david_thornley · · Score: 1

      My experience is that males say things around and to females. I've had numerous jobs, and only in one case was I not supposed to talk to a woman. (I'd insisted that a certain tricky configuration she'd set up was wrong, because it was and I could see how it was wrong, and offered to help her. Next thing I know, we're ordered not to talk to each other. It had nothing to do with gender.) I don't know if it's a regional thing or not.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    2. Re:Workplace ethics by Anonymous Coward · · Score: 0

      Yes giving your female coworkers the silent treatment isn't an issue at all, nope. How about you act like an adult and treat your coworkers with respect and like fellow professionals. Your coworkers aren't your bros, they're your coworkers.

  42. Re:Duh by Frobnicator · · Score: 1

    You get paid what you negotiate for when you get hired. Want more? Ask for more at the start.

    Generally that is true and I have said it to many people. It is a sadly common reason women frequently are paid less than men, and I recommend books like "Women Don't Ask" and "Nice Girls Don't Get The Corner Office" when women short-change themselves. But that isn't what the lawsuit is about.

    After she had the job she was harassed both sexually and generally, including cat-calling and proposition, and she make sure to get the complaints documented so they have been confirmed. She says she was passed over for bonuses and got less than her peers which is illegal in her state. She says she was passed over for promotions, which is also potentially illegal but generally hard to convince a judge.

    The most damning thing here is the case of the termination. The company spokespeople have now said to multiple news outlets that they fired her because they didn't think her discrimination case had merit. That is illegal under both federal law and California law, even if a lawsuit is dismissed the law absolutely forbids companies for firing over it. If a person sues or claims there was a safety violation and investigators can't confirm it, or a person claims there was harassment or discrimination and it can't be confirmed, the company is still forbidden for firing over it. But here their PR machine is telling the media they fired over something illegal to fire over.

    Those are very different from negotiating wages. Negotiating wages and asking for more are legal and proper. The other things that are described in the lawsuit and even items in the public statements by the company are illegal and prohibited.

    --
    //TODO: Think of witty sig statement
  43. They PAID for a NEUTRAL party? by Anonymous Coward · · Score: 0

    Neutral my ass.

    Dogs know where they get their food from.

    1. Re:They PAID for a NEUTRAL party? by Anonymous Coward · · Score: 0

      I don't like the data, therefore the data is corrupt!

  44. Re:She looks like a man by Anonymous Coward · · Score: 1

    Who'd cat call her? She looks like a potato.

    The Irish?

  45. Re:Duh by CylanR77 · · Score: 2

    If a man negotiates poorly with respect to his peers and consequently gets paid less than them, is he being discriminated against?

    If it's not discrimination for him, why is it discrimination when this scenario plays out with a woman in the role?

    --
    http://cylan.deviantart.com/gallery/
  46. Re:Duh by HornWumpus · · Score: 1

    If the complaint was made in 'bad faith', out the door she goes.

    All they need is one video that proves she lies and she is gone.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  47. Extremists on both sides by Frobnicator · · Score: 1

    I grew up in a majority conservative area thinking ... I got older, earned money and traveled more, discovering that the liberals I met...

    Take a wider view, insted of denigrating an entire ideology because of its loudest, stupidest perpetrators.

    This is a universal truth. When people start throwing around labels of liberal or conservative, or political labels of democrat or republican, or anything else, they have just set themselves up for being those loud, stupid people. The extreme people who refuse to see the other side, and take viewpoints of 'my way or death', that complicates the issues.

    Most people want reasonably intelligent things. While there is always a bit of natural greed, and everyone is certainly due their rewards for successes, collectively as humans we still are willing to show compassion when we know details. Your comparison of the priest versus the people in the pews is good. When it comes to societal issues, the people in the pews vocally decry the 'bad' things because they come with generic ideological labels; people hate taxes generally, people hate when taxes go up, people hate crime generally and some want heavy sentences to punish people who hurt others, people hate healthcare costs. But when pressed for details the same people will admit to the opposite side; we love having great schools, we love having reliable safe roads without potholes, and infrastructure that means power outages and network downtime are newsworthy, we love having police and fire services that respond almost instantly, we want secure high paying jobs for ourselves and our family and friends, we want the fallback of social programs when we lose our jobs or become injured we can keep our homes and family support until we get back on our feet, when diagnosed with a medical problem we want medical care that is the best in human history, when someone we know and love is accused of a crime we want mercy and really don't want extreme punishments because if you only knew them you'd see otherwise. When we drop the labels and make it real, people are generally kind and generous and thoughtful.

    When people look only at the labels, it is generic conservative or generic liberal, it is the generic political party, it is generic taxes, it is generic crime, it is generic whatever, we see them as bad for us. But once you know the details, once you see the person who is suffering, once you see the benefits of helping and learning and understanding, suddenly they become positive again.

    It is certainly easy to throw up the labels. It is easier to blame problems on the political party, or to blame it on the left/right. It is easier to claim that people in my own group are good and people in other groups are bad. Sadly the extreme groups, even extreme politicians, have gained a large pulpit. Too many take the lazy route; my party proposed it so I support it, my opponent proposed it so I oppose it, rather than both sides looking at details and seeing what helps the most people across the board. I cheer for my team and against your team, the losing team burns cars, instead of both groups watching for the best plays regardless of who made them, cheering their opponents for the hard-fought process.

    --
    //TODO: Think of witty sig statement
  48. Re:Duh by mrclevesque · · Score: 0

    "If a man negotiates poorly with respect to his peers and consequently gets paid less than them, is he being discriminated against?"

    Yes

  49. Re:Duh by Anonymous Coward · · Score: 0

    loose there jobs

    Illiterate fool detected. Opinion validation failed. Opinion discarded. Please try again.

  50. Re: Duh by Anonymous Coward · · Score: 0

    This is full of inaccuracies, but since its a huge post, I'll cherry pick my favorite-

    "Science" proved that polygraphs don't work.

    You see, you can't just invoke science like it's some sort of omniscient, infallible entity that dictates truth and fiction. You might as well say "God" instead of "Science" if you're going to use the word that way.

    People that apply the scientific method to asking and answering questions arrive at conflicting conclusions all the time. What you should invoke is the particular scientific study or group of studies that support your assertion, and the names of the people who conducted the study.

    By the way, the polygraph examination was developed using the scientific method in the first place.

  51. Re: Duh by Anonymous Coward · · Score: 0

    Also, the assertion that "courts" (which ones?) are not allowed to use polygraph exams (by which I assume you mean rely on them in any way as evidence in a case) is completely false.

  52. Well done, Tesla! by Anonymous Coward · · Score: 0

    Finally a company that can come to its senses. This whole "discriminate the others in my favor just because I carry a vagina" part of our lives needs to be nuked. I can't believe there are still many other companies or there who believe bullshit like this when it happens, without actually investigating first. Justice, dear lady, had just been served.

  53. Tesla to leave California by Anonymous Coward · · Score: 0

    For the sake of business, leave California behind.

  54. Re:Duh by mrclevesque · · Score: 1

    0 ?

    I thought the answer was clear and someone was just trying to get me to explain the obvious:

    The man would be discriminated against when compared to workers with the same skills who get payed more based on their ability to negotiate, in other words, the man's lower salary is based on his ability to negotiate rather than his ability to do the job.

  55. She wasn't engineer by Mondor · · Score: 1

    In Tesla, her position was "Operations Commodity Manager". And before that she was working as "Inside Sales Product Specialist" and "Engineering Project Coordinator". It's project management and talking to customers, it has nothing to do with engineering. Before Tesla, she was working as Sales Representative.