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Zynga to employees: Give back our stock or you'll be fired

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211–220 of 383 posts

Re: Zynga to employees: Give back our stock or you'll be fired

#211

Earlier quoted context omitted.

> I am shocked. Don’t you mean “Shocked, shocked to find shady business going on in here?” Your winnings, sir.

It's surely a testament to the quality of Casablanca's writing that its resulting cliches are still so satisfying after all this time.

A few years back I showed that movie to someone who hadn't seen it before. They were utterly floored at how many catchphrases they already knew came out of that one screenplay.

Re: Zynga to employees: Give back our stock or you'll be fired

#212

Earlier quoted context omitted.

> I am shocked. Don’t you mean “Shocked, shocked to find shady business going on in here?” Your winnings, sir.

It's surely a testament to the quality of Casablanca's writing that its resulting cliches are still so satisfying after all this time.

You may be interested to learn that the Epstein brothers' names were given to Joseph McCarthy's HUAC by Warner Brothers themselves.

Re: Zynga to employees: Give back our stock or you'll be fired

#213

Earlier quoted context omitted.

Just because California is an "at will" state doesn't mean a company cannot be sued for wrongful termination or constructive dismissal.

Constructive dismissal is legal in California.

California does recognize a tort for constructive discharge, but only with the fairly high bar that involves violations of "fundamental California public policy" (as embodied in law or the constitution). I'm not sure this would reach that bar, though; here's an example of jury instructions that've been used: http://www.justia.com/trials-litigation/docs/caci/2400/2432....

Re: Zynga to employees: Give back our stock or you'll be fired

#214
What if Pincus he had just fired them, with the reason being that they were not earning their compensation? It seems reasonable to fire someone if they are not pulling their weight? Giving them a choice seems unfair, but how is it worse than just being fired?

I think this is just Pincus being a nerd and over rationalizing the situation, instead of just decisively 'pulling the trigger'.

On the other hand, these people were given an offer of X% of the company in exchange for taking lots of risk early on. They took the risk, and now that the value of the company is greater, Pincus is taking the incentive back. So Pincus offloaded personal risk (paying lower salaries + stock instead of just paying market salaries) and then when the risk was gone he is canceling his agreement. I would never trust this man.

Re: Zynga to employees: Give back our stock or you'll be fired

#215

Regret has never been a good enough reason in the eyes of a judge to annul a contract. If Zynga agreed to the terms as described they haven't got a leg to stand on. The time to negotiate a contract is before it is signed, not retroactively. If they use the threat of termination then they will lose even more, not only will they not get their stock back, they will also have to pay excessive severance pay due to wrongfu…

IANAL...

...but I'm sure Zynga has some good ones. I don't think they're trying to annul the contract. Essentially, they're saying that these employees are underperforming, and thus they have the right to fire them "with cause". If they straight up fired the employees, those employees would lose out on their unvested shares. They would have nothing. Instead, Zynga is saying, "Give some back and you can stay."

Low and shady. Should we expect anything less from this company? The bright side is, they avoided a mass-firing (likely because engineering talent is still tough to find).

Re: Zynga to employees: Give back our stock or you'll be fired

#216

Earlier quoted context omitted.

They aren't being fired for being overpaid, they're being threatened with termination unless they surrender their equity in a privately owned company. Definiton of extortion (from wikipedia): Extortion (also called shakedown, outwresting, and exaction) is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion. What…

That is an inaccurate view of the situation. Unvested shares are not equity. You are acting as if they are being asked to give away something that they own; they are being asked to give up future compensation. I put this in another comment: "However the problem with your math (and most others in this thread) is this: lets say Zynga values me at 4 shares, and I get 1 vested per year. However after two years, and a few…

Unvested shares may not be equity in the company, but they very well may be equity in the equity. They represent a promise to grant actual shares when certain conditions are met, and that promise is worth something in the present. Contriving to reneg on that promise is little different from defaulting on your debts. In a way, it actually is defaulting on a debt.

Re: Zynga to employees: Give back our stock or you'll be fired

#217

With the unvested shares, the executives believed they could attract more top talent with the promise of stock. Not anymore they won't.

"Friends don't let friends work at Zynga" was something I heard floating around a while back...

Re: Zynga to employees: Give back our stock or you'll be fired

#218

Earlier quoted context omitted.

The company didn't hire you to work as a 4-share employee, they hired you to work as a 4-share employee with significant upside potential . That is how early startup employees are compensated for the increased risk and lesser salary they take on.

Yes, you and your sibling threads are all correct, but it's not extortion. It's immoral and will certainly hurt them in the future, but it's not extortion. I am simply trying to explain why this is a moral issue and not a legal issue. This is the equivalent of saying: 'your gonna have to take a pay cut or were gonna have to let you go'. It is morally repugnant and goes against everything we believe in the startup com…

No matter how vehemently you keep asserting it, the promise Zynga made has value - or else Zynga wouldn't want to renege on it, duh - and making threats in order to get anyone to give you anything of value is extortion in the common law.

Re: Zynga to employees: Give back our stock or you'll be fired

#219
I am entirely in favor of this. Mainly because I'm four blocks away and am trying to hire engineers.

Seriously, it's bullshit. It makes me mad not just for the people getting screwed, but for the whole industry. The whole point of giving somebody early equity is that it's a gamble. Sometimes it's worth nothing; sometimes tons. If companies start doing it in a heads-I-win-tails-you-lose fashion, then that really reduces the value of the equity as an incentive.

Zynga isn't just hurting their employees; they're hurting every early-stage startup that comes after them.

Re: Zynga to employees: Give back our stock or you'll be fired

#220
post #201

Earlier quoted context omitted.

I went to Startup School in 2009 and 2010, but not this year. In 2009, Mark Pincus was one of the speakers. In 2010, Andrew Mason was one of the speakers. It looks like Pincus spoke again this year. If a seemingly honest man like pg can't arrange a nice little startup conference without having at least one speaker every year who turns out to be some sort of con man, then yes, I'd have to say tech is particularly slea…

I would fault the Startup School organizers for this. They are creating a community that is catering largely to people who are young, talented, but not experienced. They need to be educating people about how to avoid the pitfalls and scams of the startup world as well as about how to succeed. Instead, they bring scummy fast talkers and put these people up on the stage as ideals. Not only is that teaching the next gen…

pg has also gotten into bed with Yuri Milner and his DST firm. You will notice that both Zynga and Groupon are recipients of DST funds, so it's no surprise that pg is promoting Pincus and Mason. In fact, I have no doubt that if any of the new batch of YC startups were to become successful and IPO, this sort of behaviour that Pincus is trying to pull may be emulated. When you lie with dogs you get fleas, etc.
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