Company Makes Hiring Mistake, Sues Employee To Get Money Back
from the maybe-they-should-sue-the-HR-department dept
The New York employee who was fired for playing solitaire should feel thankful. Melissa submits a story about a Delaware man whose company not only fired him for wasting time (listening to his iPod, making personal phone calls), but is also suing him to recoup back pay and $210,000 in lost profits. While some think there may be some basis for this in contract law, the claim seems dubious. Hiring risk should be a cost borne by the company, because they're who are actually making the hiring decision. Furthermore, calculating opportunity costs in a situation like this is difficult, though they could probably employ the same experts who claim that fantasy baseball and the NCAA tournament cost companies billions in lost productivity each year. Still, just by us discussing this story, the company is probably achieving its goal, to put fear into slacking employees everywhere.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Reader Comments
Subscribe: RSS
View by: Time | Thread
In an Employee vs. Company environment ...
[ link to this | view in chronology ]
Re: In an Employee vs. Company environment ...
[ link to this | view in chronology ]
Re: In an Employee vs. Company environment ...
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Can be a basis in law
Also, these relationships today are often governed by an employment contract. In which case the employer may have a breach of contract cause instead or as well.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
More Firings?
"Firings will continue until morale improves."
[ link to this | view in chronology ]
Think about it: employees can bring FAKE harassment claims, FAKE worker's comp claims, and FAKE wrongful termination claims against a company while the company's only option is to fire them and HOPE they didn't screw the business too badly.
As an employer (can't you tell? :-P) I'm tired of cowering, waiting for the suit to come after I can some a$$ who couldn't be productive enough to keep his job.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Paid Enemies
[ link to this | view in chronology ]
Problem with too many ppl today is they aren't responsible for their actions... it is pittiful that so many ppl are that way.
Now assume you are employee BB is you...
And employee AA is one of your superiors... fair, who's the Dick now?
[ link to this | view in chronology ]
Re:
The problem is of course that some people can be productive and listen to a iPod, or play a game of Solitiar every once in a while.
BB maybe doing more 'work', but doing more work doesn't always mean that the work they are doing is the most productive...
Also what if employee AA in 5 of work is able to make the bussiness more money then it costs to pay his salary? It is silly to think that people can be 100% productive all the time.
[ link to this | view in chronology ]
Re: Re:
If the Delaware man or the New York employee were still productive then the company should be smart enough to allow this activity (I am all for it) but if they are not then they deserve the axe 100%. Every individual works at different paces, with different needs and output levels. If AA can do the same amount of work as BB or CC in half the time with an iPod in his ear and solitare on his screen then fine... problem is, in this case, one would assume that the ppl who got canned were less productive and their toys/games pushed them to get fired.
I don't see it as fair that the company sue the fool for lost profit, the company should have seen it earlier so the case against should fall, but he/she certainly deserves being fired if they're less productive.
BTW - I am not an employeer, just an employee sick of some of the lazy and BS things that coworkers get away with all the time... and society's acceptance of it.
[ link to this | view in chronology ]
Re: Assuming...
Don't forget that assuming makes an a$$ out of u and me. Have you ever heard of Perfomance Punishment?
I've known my fair share of lazy, unproductive, stupid managers in my career. The only thing keeping my company afloat is that our personel dept. managed to hire self motivated workers.
Yet sadly our current managers run the business as though we are in the 1900's and exert unreasonable demands on the most productive. Once again: Performance Punishment!
That is why 5 of us are leaving to greener pastures! Yeah less than 2 weeks to go!
[ link to this | view in chronology ]
Re: Re: Assuming...
[ link to this | view in chronology ]
Employers
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
hmmm...
[ link to this | view in chronology ]
Re: hmmm...
Your job is to come to work, do the work assigned and go home when told to do so. And depending on the industry, you do need to ask to take a break or use the restroom. The workplace is not a democracy. It never has been.
[ link to this | view in chronology ]
Happy employees
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
goes both ways
Signed:
Bent Over, taking it with my ankeles banging on the boss's desk!
[ link to this | view in chronology ]
Re: hmmm...
In most industries people are your greatest asset and the good ones almost always leave when the work conditions don't acknowledge this.
If you want stoopid employees, keep thinking that way!
[ link to this | view in chronology ]
Re: hmmm...
In most industries people are your greatest asset and the good ones almost always leave when the work conditions don't acknowledge this.
If you want stoopid employees, keep thinking that way!
[ link to this | view in chronology ]
Re: Re: hmmm...
Some employers think they acquire god status when they start a company, and don't realize the reason they hired someone is to help them make money and that they are an asset that shouldn't be thrown away, cause when there gone and you need someone fast then all you get is crap employees, which is what you deserve
[ link to this | view in chronology ]
[ link to this | view in chronology ]
ThingsThatMakeYouGoHmmmm....
[ link to this | view in chronology ]
Re: ThingsThatMakeYouGoHmmmm....
[ link to this | view in chronology ]
Suing for salary
[ link to this | view in chronology ]
nothing is fair
[ link to this | view in chronology ]
reap what you sow
Employees/ “slave”, stand firm and do what is required of you BUT do not take sh*t from no one what you wouldn’t take from your mother or father even if it is for your bread and water (salary). Keep in mind that having morals is much more valuable than money.
P.S. – too many people today are caught up in what they think people would say if they saw them in a break down car or holes in their t-shirt (vanity) instead of the bigger picture what is to help one another. For a job is both the aid for employer and employee, except the latter is more down to earth and don’t have his/her head in it’s a$$
[ link to this | view in chronology ]