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Company Makes Hiring Mistake, Sues Employee To Get Money Back

Marc

Hunkered Down for the Duration with a Mask on...
Staff member
Admin
#1
The New York employee who was fired for playing solitaire should feel thankful. 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 discussing this story, the company is probably achieving its goal, to put fear into slacking employees everywhere.
 
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Jen Kirley

Quality and Auditing Expert
Staff member
Admin
#2
This is interesting. And during 8 months of not filing reports or supervising subordinates the company now says there's a problem?

Certainly submitting false credentials is cause for dismissal, but the company is also given a certain responsibility to check out its applicants. The plaintiff appears to claim it had no responsibility for that or overseeing its directors.

The outcome of this case is thus uncertain, but one thing seems sure: fear in the workplace is rising and will likely worsen.
 

Wes Bucey

Quite Involved in Discussions
#3
Dumb! Dumb! Dumb!

If I were the defense attorney, I would make this a real circus and tie up ALL the executives in discovery and depositions.

I would subpoena ALL phone and computer records and internet provider records of each executive under the "sauce for the goose" theory. Who knows what will be found? (Porn? Gambling? Adultery? Sedition?) That's why they call it discovery!

Executives would be unable to conduct their regular business because all time would be consumed by the BS of dealing with the trial.

Publicity will make these executives and their company the laughing stock of business and personal friends.

Defense countersuits for damages might even win!

If plaintiff wins, there is slim chance of collecting a judgment.
If defense wins, the judgment will likely put the small company out of business, if it isn't already bankrupt from the collateral damage of the lawsuit and its demands on time and attention of executives plus the expense of continuing the suit.

Why would ANY executive even admit he hadn't been paying close attention to his business, let alone trumpet it to the world in a public lawsuit?
 
J

JerryStem

#4
I thought companies interviewed potential employees, checked their resume & background info, then if they felt comfy they hired them? And if he ended up being a worthless piece of ****, they fired him quickly?

Jerry
(That Best Buy salesman was rude while shopping for my TV, so I'll sue RCA...):rolleyes:
 
M

morgand - 2006

#5
firing

JerryStem said:
I thought companies interviewed potential employees, checked their resume & background info, then if they felt comfy they hired them? And if he ended up being a worthless piece of ****, they fired him quickly?

Jerry
(That Best Buy salesman was rude while shopping for my TV, so I'll sue RCA...):rolleyes:
Some company's seem to be scared of lawsuits and bad press (depending on their business sector). So, it takes an act of you know who to get rid of them. We have had a few employees like this and management does their best to make them miserible enough to leave. However, many of them have been fired or let go/laid off so many times that they make everyone else miserible by staying.
 

Jen Kirley

Quality and Auditing Expert
Staff member
Admin
#6
morgand said:
Some company's seem to be scared of lawsuits and bad press (depending on their business sector). So, it takes an act of you know who to get rid of them. We have had a few employees like this and management does their best to make them miserible enough to leave. However, many of them have been fired or let go/laid off so many times that they make everyone else miserible by staying.
I'm familiar with a company that hesitates to let people go for poor performance. If they think they are saving themselves the pain and expense of lawsuits, IMO it is only because they do not realize the pain and expense they are taking on in the slow productivity leakage they endure for as much as decades.

I agree it's a major and silly-looking case of buyer beware. If it were my company, I wouldn't want the publicity of failing to notice and act on a rogue manager for over half a year. :rolleyes:
 
C

Cordon - 2007

#7
Jennifer Kirley said:
I'm familiar with a company that hesitates to let people go for poor performance. If they think they are saving themselves the pain and expense of lawsuits, IMO it is only because they do not realize the pain and expense they are taking on in the slow productivity leakage they endure for as much as decades.
I can relate to that!! :frust:
 
J

JerryStem

#8
Not us! We had a guy about 1-2 years ago that was a royal screw-up. And he sucked up to the boss so it took a little while to get rid of him. (If he kept the boss busy at least he was somewhat worthwhile...)

He drove us all crazy (small company, about 10 people). The boss & wife/VP finally had enough & he was let go. Not before each of us wanted to strangle him. He pretty much did everything, tried everything, and knew everyone, or so he said. (I was wearing a Kiss t-shirt one day & he was telling me how he went scuba diving w/ one of them. "You know, the one that wears black all the time." It's Kiss, they pretty much ALL wear black!)

When he first started, his old company sent flowers & fudge to him here. We figured out why after working w/ him. I'll bet they had champagne there!

Jerry
 

Jen Kirley

Quality and Auditing Expert
Staff member
Admin
#9
JerryStem said:
When he first started, his old company sent flowers & fudge to him here. We figured out why after working w/ him. I'll bet they had champagne there! Jerry
No doubt! :lmao:
 

Wes Bucey

Quite Involved in Discussions
#10
When he first started, his old company sent flowers & fudge to him here. We figured out why after working w/ him. I'll bet they had champagne there!
On a similar note - I am aware of several instances where folks with a terrible boss sent out the boss's resume with glowing letters of praise from his subordinates to a gaggle of headhunters with some BS about how bad they felt that he was stymied in a position far below his skill set! They asked the headhunters to keep their involvement secret and were rewarded with the bad boss being recruited! Maybe your jerk had a similar "push."
 
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