Tim Chevalier v. Google, Inc (2018) -

ElAbominacion

Somewhere in the Swamps south of the Mexico border
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Has google written their legal defense yet? I want to see what they bring to the fore in terms of the dirty laundry about to be aired.

I especially want to see the HR log on Tim Chevalier.
 

AnOminous

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Is there any reason they can't just force it into arbitration like they did with Damore?
 

ElAbominacion

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Honestly? It would look bad for them. Secondly, someone else could just chimp out like she did and start a shit storm and then they might have an Ellen Pao-tier lawsuit in their hands. Investor confidence might be strong because they make money, but lawsuits erode internal cohesion. Also, you don't want to give these people a platform. Just look what they did to Mozilla and to every single other organization they've put their hands on. It's not pretty.

And don't forget: arbitration as far as precedent could be well rationalized into a lawsuit as admission of guilt.
 

AnOminous

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And don't forget: arbitration as far as precedent could be well rationalized into a lawsuit as admission of guilt.
I have never, ever seen any company that had an enforceable arbitration give a single shit. They get out of the lawsuit for free and nearly automatically win on top of it.
 

ElAbominacion

Somewhere in the Swamps south of the Mexico border
kiwifarms.net
I have never, ever seen any company that had an enforceable arbitration give a single shit. They get out of the lawsuit for free and nearly automatically win on top of it.
It becomes a problem when there's a Pao vs Kleiner Perkins situation. i.e.: instead of taking a severance package deal and being happy with it and moving on with life, somebody decides to be an activist for no other reason than financial gain. I don't know if that's the case with Mrs. Chevalier there, considering her workplace history, but unless Google really screws the pooch with their lawsuit, they could literally bootstomp the causes of action, one by one, by presenting evidence to the contrary of the affirmations made in the plaintiff's piece.
 

AnOminous

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It becomes a problem when there's a Pao vs Kleiner Perkins situation. i.e.: instead of taking a severance package deal and being happy with it and moving on with life, somebody decides to be an activist for no other reason than financial gain. I don't know if that's the case with Mrs. Chevalier there, considering her workplace history, but unless Google really screws the pooch with their lawsuit, they could literally bootstomp the causes of action, one by one, by presenting evidence to the contrary of the affirmations made in the plaintiff's piece.
Or they could just have no public lawsuit at all and have it all resolved in their favor with no appeal possible and no public record of any of it.
 

ElAbominacion

Somewhere in the Swamps south of the Mexico border
kiwifarms.net
Or they could just have no public lawsuit at all and have it all resolved in their favor with no appeal possible and no public record of any of it.
What were your thoughts on Chevalier's opening move? Is that someone who would settle for a reasonable amount of money? Which is to say I concede to your point Google might strive for that.
 

ElAbominacion

Somewhere in the Swamps south of the Mexico border
kiwifarms.net
Not sure, but if it ended up in court, they didn't just offer him anything he liked.
Thought I'd update you that I did a search earlier today and found out you were right -- Chevalier was compelled to enter arbitration with Google.

Next date of their case management meeting is April 10th
 
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ElAbominacion

Somewhere in the Swamps south of the Mexico border
kiwifarms.net
I wonder why they haven't forced it into arbitration like they did James Damore. Are they treating this troon with kid gloves?
They're making it drag out as long as they can with arbitration stays, but the other party is forcing a jury trial. Tim Chevalier is very inconvenient -- as one of the people responsible for literally getting Brendan Eich from his position at Mozilla Inc. despite being one of its founders.
 

AnOminous

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They're making it drag out as long as they can with arbitration stays, but the other party is forcing a jury trial.
You can't force a jury trial if there's an arbitration clause. The case just immediately goes away. This is what happened to Damore.

Court ordered mediation is something different and isn't binding.
 

ElAbominacion

Somewhere in the Swamps south of the Mexico border
kiwifarms.net
You can't force a jury trial if there's an arbitration clause. The case just immediately goes away. This is what happened to Damore.

Court ordered mediation is something different and isn't binding.
In my country, small causes generally take an express route that essentially forces mediation first and if there's no deal, judge will decide on sentencing after the hearing.

The ordinary rite as we say it tends to drag itself out a LOT, on the other hand. And you can't really enforce arbitration in a work contract, it goes against our laws. Though they did try to change that. Fucking thieves.

But yeah, the case isn't going away. I'm not sure if Google will manage to pull the same trick right now. But I'll leave it to you for a better explanation on what they're really doing with this. From what I could gather in the documents they've presented in late March, they met, it didn't work out, Axelrod et al decided to pursue a jury trial on behalf of Chevalier and Google isn't having any of it.
 

AnOminous

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And you can't really enforce arbitration in a work contract, it goes against our laws.
Unfortunately, California just changed this, and such a clause was enforced against Damore. I think it's a terrible trend and basically takes worker rights out behind the shed and shoots it in the head.

The only reason they wouldn't do this is if either a) Chevalier didn't have such a clause or b) they're going easy on a troon.
 
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