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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."

119 of 221 comments (clear)

  1. 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'
  2. 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.

  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.

      --
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    2. 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.

    3. 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.

      --
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    4. 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.

    5. 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."
    6. 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.

    7. 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."

    8. 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.”

    9. 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.

    10. 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

      --
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    11. 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.

    12. 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.

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    13. 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.

    14. 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.)

    15. 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.
    16. 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.

    17. 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.

    18. 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.

      --

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    19. 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:
    20. 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.

    21. 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.

      --
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    22. 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
    23. 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!

    24. 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.

    25. 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.

    26. 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.
    27. 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.
    28. 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.

    29. 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.

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    30. 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.
    31. 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."
    32. 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.
    33. 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.

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    34. 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.
    35. 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:
    36. 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
    37. 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
    38. 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 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.

    2. 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.

    3. 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.

      --
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    4. 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: Fuck yeah by Defakto · · Score: 1

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

  6. 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 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.

    5. 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.

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

      Sad.

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

      Right on.

      --
      Damping absorbs vibrations. Dampening is caused by moisture.
    8. 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.

    9. 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.

    10. 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'.

  7. 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'
  8. Re: Fuck yeah by Anonymous Coward · · Score: 1

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

  9. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  10. 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

  11. 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: 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.

    8. 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
  12. 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.

  13. 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 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.
  14. 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.
  15. This is why by slashmydots · · Score: 2, Insightful

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

  16. 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.

  17. 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.
  18. 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.

  19. 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!

  20. 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.

  21. 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".

  22. 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.
  23. 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.
  24. 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.

  25. 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.

  26. 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.

  27. 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

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

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

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

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

  31. 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.

  32. 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."

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

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

  34. 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.

  35. 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.

  36. 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
  37. 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
  38. 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
  39. 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
  40. 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
  41. 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
  42. Re:She looks like a man by Anonymous Coward · · Score: 1

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

    The Irish?

  43. 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/
  44. 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.

  45. 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'
  46. 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
  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: 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.

  49. 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.