Earlier quoted context omitted.
Perhaps if the people responsible for the problems were fired instead?
You don't even know that they did anything wrong.
I was speaking from the perspective of the female engineer.
Tesla fires female engineer who alleged sexual harassment
41–50 of 118 posts
Re: Tesla fires female engineer who alleged sexual harassment
#42>At the time, Vandermeyden said she was hopeful her lawsuit and public comments would not end her career at the company. How could she honestly expect to keep her job with an employer she is sueing and smearing in the media? Why would she even want to continue working there?
because maybe it was a ploy to get a better raise? who knows. you're right, though - if the allegations were true, why continue to work there?
Heh, quite the ploy to get a raise. Takes the whole "get another offer" plan and turns it up to 11.
Re: Tesla fires female engineer who alleged sexual harassment
#43Earlier quoted context omitted.
Tesla isn't merely claiming they've met her needs, they're actually claiming that she's received privileged treatment because she's a woman: > Tesla added that Vandermeyden had been granted numerous positions “over other more qualified candidates” and was “given special treatment and opportunities for advancement that were unwarranted based on her qualifications”.
Tesla says, and Vandermeyden says something else. But if this is going to court, I suspect the outcome is very much going to depend on which party can prove their side of the story.
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Re: Tesla fires female engineer who alleged sexual harassment
#44Earlier quoted context omitted.
She did not just sue her employer -- she gave interviews to news outlets, touting unproven allegations. Do you think that Tesla should continue to pay someone who is actively and deliberately tarnishing their image, without giving them a chance to make things right (if they were ever wrong to begin with)?
This is what I am not understanding why there is even a question about it. The minute she went public, Tesla has the right to fire her. If they were retaliating, she had the chance to do that internally. She could leave a paper trail and let them have a chance to correct the problem. I don't know why it is up to Tesla to keep an employee trying to tarnish their image.
I'm sure her complaint has plenty of stuff about her trying to address this internally. I seriously doubt any serious lawyer would take the case without it.
There's a difference between tarnishing an image and drawing attention to illegal behaviour. In particular, the intent of the second can be done with the intention of improving the firm by getting it to stop the illegal behaviour. The managers may not see it that way, but corporations are not their managers and are not their shareholders.
Re: Tesla fires female engineer who alleged sexual harassment
#45Earlier quoted context omitted.
Well, I guess the question at the end of the day is if her claims have merit. If she can prove the discrimination, her termination is illegal. If she's been unreasonable, and Tesla has indeed, as it claims, made every effort to meet her needs, I absolutely can see why they'd fire her.
Tesla isn't merely claiming they've met her needs, they're actually claiming that she's received privileged treatment because she's a woman: > Tesla added that Vandermeyden had been granted numerous positions “over other more qualified candidates” and was “given special treatment and opportunities for advancement that were unwarranted based on her qualifications”.
They didn't mention "b/c she was a woman" at all.
Re: Tesla fires female engineer who alleged sexual harassment
#46Ive worked for companies that have shorted me financially to the tune of high 5 figure sums. I have been passed over for promotions that were unfounded. I quit, I didnt get lawyers involved. Suing would damage my reputation on the job market. I cant endorse bad behavior, but what makes people expect that a nuclear option wont have consequences, fair or unfair?
I think what you're describing is the real problem here. If there's some sort of (informal) "old-boy's-network" that keeps people from legitimately using the law when they have been wronged, then we should support those willing to publicly start fights with that establishment.
Re: Tesla fires female engineer who alleged sexual harassment
#47Earlier quoted context omitted.
She did not just sue her employer -- she gave interviews to news outlets, touting unproven allegations. Do you think that Tesla should continue to pay someone who is actively and deliberately tarnishing their image, without giving them a chance to make things right (if they were ever wrong to begin with)?
This is what I am not understanding why there is even a question about it. The minute she went public, Tesla has the right to fire her. If they were retaliating, she had the chance to do that internally. She could leave a paper trail and let them have a chance to correct the problem. I don't know why it is up to Tesla to keep an employee trying to tarnish their image.
> The minute she went public, Tesla has the right to fire her.
Technically (and tangentally), they had the "right" from the moment she signed her contract. That's what at-will means - Tesla can fire an employee with no reason whatsoever should it wish. In theory, that power is balanced against an employee's right to quit without notice; but the balance of power is not really with the employee in that change.
> she had the chance to do that internally
Playing the devil's advocate for a moment, it sounds like she tried to do exactly that - resolve it internally - and it didn't work out: her allegations were classified as "unfounded." This means her options for resolving the issue internally were practically exhausted.
Re: Tesla fires female engineer who alleged sexual harassment
#48> Tesla added that Vandermeyden had been granted numerous positions “over other more qualified candidates” and was “given special treatment and opportunities for advancement that were unwarranted based on her qualifications”. It makes Tesla look even worse, acknowledging that the only reason that person got the job is that because she was a woman, a man wouldn't have gotten the same job for the same qualifications.
No where in their statement do they say they based said special treatment on gender - you assumed and added that.
Re: Tesla fires female engineer who alleged sexual harassment
#49Ive worked for companies that have shorted me financially to the tune of high 5 figure sums. I have been passed over for promotions that were unfounded. I quit, I didnt get lawyers involved. Suing would damage my reputation on the job market. I cant endorse bad behavior, but what makes people expect that a nuclear option wont have consequences, fair or unfair?
If every woman who was sexually harrassed just quit, the workplace environment for women would still be like the '50s. Individuals have to make a stand for better treatment for all.
I'm not in the US but I sincerely doubt that harassment is that common.
Re: Tesla fires female engineer who alleged sexual harassment
#50Moral of the story: If you sue your employer in an at-will state, you're very likely to be fired. Now, the only winners will be the lawyers.
That is simply not true (in California). If the underlying lawsuit is based on employment Discrimination or Harassment under the California Fair Employment and Housing Act, firing the employee because they filed the lawsuit itself subjects the company to liability. It's called a "Tameny Claim" -- a "Discharge in Violation of Public Policy." [1]
Of course, proving that the reason for the firing was Retaliation isn't easy, but that doesn't make your statement true.
[1] https://scholar.google.com/scholar_case?q=tameny+v+atlantic+...