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IANAL. You are absolutely right in all regards about this (with the exception of your last point which is FUD). However, there is one interesting option which m
by trcollinson 10y ago
IANAL. You are absolutely right in all regards about this (with the exception of your last point which is FUD). However, there is one interesting option which may negate some of these issues. That option would be a Class Action. If enough women and minorities came forward with verifiable claims of systemic discrimination they could band together and reduce the amount of over all problems with the law suit by having increased numbers. Technically, there is no minimum number of plaintiffs to designate a Class Action. But for all practical purposes you need greater than 20. From the fact that #ubersurvivor is turning into a thing, I believe finding the right number of people would be possible. Here is how a class action would change your reasons not to pursue sexual harassment litigation:
* You will have to devote an enormous amount of money, time, energy, health, and your emotional well-being. -- You would not have to pay an enormous amount for this. Though it would take a lot of time you are right
* Your lawyers will take half the settlement, either in up front fees, or as a portion of the bounty. -- This is almost always true but cases cost a whole lot to run and manage.
* You will get to share, and then be brutally cross-examined about all the worst bullshit you had to endure in a courtroom. -- With a class action you have far more people to fight on your side, making cross X a lot less scary, if it ever gets to the trial stage.
* With so much money on the line, you will trigger a smear campaign against you, whose impact will persist long after the trial concludes. -- It is much harder to smear a group.
* You want to program, instead of dealing with legal bullshit. -- You want to program in peace for the rest of your life. A class action sends a message to all companies that they cannot act like this.
* You just want this nightmare to be over, instead of it being brought up over, and over again. -- True and a class action will help to end the nightmare.
* You don't want to have your name permanently associated with "Sues your employers for millions of dollars". Good luck getting a job after that. -- As a class action member you are less likely to be singled out
* If for whatever reason you lose, you will get to enjoy all the damage to your reputation, all the trauma and indignities that you had to re-live, the black mark on your employment record (Who would hire a liar who sues her employers?), and you'll probably be counter-sued by Uber. I hope you're independently wealthy. --This is FUD. Nevertheless, by being associated with a class action you are far less likely to be singled out for issues. It's even quite hard for them to counter-sue in a class action.
While the legal option is hard and can be scary, it is not a bad option to pursue.
- vkou 10y ago> With a class action you have far more people to fight on your side, making cross X a lot less scary, if it ever gets to the trial stage. That's not how class action lawsuits work. It's highly unlikely that 'women and LGBT persons of all genders who were abused by shitty bosses at Uber' will be found, by a court, to be a class. The class-action will be dismissed before it even gets to determining wrong-doing. You can have a class action lawsuit over your employer, say, stealing wages from 10,000 employees. You cannot have a class action lawsuit if 12 people have been harassed and abused by their managers. (The fact that the practice is widespread will impact judgements, but it does not mean that 12 people form a 'class action'.) [1] Even more importantly, sexual harassment cases by their nature, require each case to be evaluated on its merits. Just because Claire, Adam, and Barbara have been abused by their bosses, doesn't mean that Donna can piggyback onto the lawsuit, and claim damages, without having her case examined as thoroughly as theirs. > This is FUD. No, it's not - not if you lose. If they win the case, Uber can, and almost certainly will countersue. (For PR reasons, they would prefer to avoid suing you if you just complain on your blog.) The first Google hit for your name will be about how you sued your employer, and lost. Yes, there is the social benefit of these cases going to trial (Preventing future abuse in other companies), but not everyone wants to be a martyr. [1] https://en.wikipedia.org/wiki/Class_action#Class_certification_Under_Rule_23 https://en.wikipedia.org/wiki/Class_action#Class_certificati...