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The author seems to feel powerless against an employer, and may not realize the choices he has. Disputes happen. What matters is to get a resolution, and there
by paulsutter 15y ago
The author seems to feel powerless against an employer, and may not realize the choices he has. Disputes happen. What matters is to get a resolution, and there are a few ways to go about it. Lets compare:
1. Public shaming
2. Work with a lawyer
3. Litigation
I'm taking this purely from the author's perspective, how can he get a successful outcome?
Public shaming has some downsides for the author:
- Threatening to publicize may give you some leverage. But you lose all your leverage once you take action. Losing leverage isn't good in negotiation.
- The founders of Miso are now likely furious with him, and emotionally determined to prove themselves right and him wrong. He's just increased their conviction to the point where they may fight it with irrational determination.
- It's easy to get a detail wrong, especially on an emotional topic. If the author made some mischaracterizations (even accidentally) in his post, he could be opening himself up to litigation. Especially when you think about the bullet directly above.
My recommendation to anyone is to talk with a lawyer first. I noticed some of the responses here suggest that going to a lawyer is somehow underhanded. It is not. I'm not talking about a scum-sucking bottom-feeding accident lawyer. I'm talking about a business lawyer. Usually you can get a free consultation. If not, paying for an hour or two of his time is well worth it. Consider it a form of tuition to the school of hard knocks.
Often, a lawyer could give you some pointers to either help accelerate a successful negotiation of your own, or point out any weaknesses in your case that you may have overlooked. If the matter is complex, you could have the lawyer negotiate on your behalf. This could take the form of writing a single letter to the employer.
Once that letter is on file, the employer will need to disclose it as an outstanding dispute in their future disclosures for any financing round or sale of the company, unless they settle it. This is why the employer may actually have less power than the employee in negotiating a dispute. And why you should take the honorable route, with a lawyer to help you understand the law and take the right actions.
The best way to avoid litigation is to work with an attorney. Litigation is very unnecessary, expensive, time consuming, and a distraction. I've always been able to resolve any disagreements without the need for litigation.
Think of an attorney as a guide through dangerous territory. He's been through dozens or hundreds of similar situations. He's seen how to get resolution, and he's seen things that have worked out badly. And he knows how the law views the matter. The law is complicated.
Finally, I cant possibly have an opinion about whether the employer or employee are right or wrong in this case because I haven't heard the other side. And I suggest that the rest of you take a similar neutral position.
- rhizome 15y agoemotionally determined to prove themselves right and him wrong. He's just increased their conviction to the point where they may fight it with irrational determination. If Miso is anything but self-funded, it would reflect extremely poorly on Miso for their executives to act in the way you describe here. It's simply bad business to dig in your butthurt heels.
- paulsutter 15y agoTrue, but I've seen it happen. More big business decisions are made on an emotional basis then you might expect. I'm just trying to consider the matter from the pure perspective of how to get the best outcome.
- rhizome 15y agoIt's pretty eye-opening to read this thread and see how much executives are excused from bad behavior, yet when a little guy acts against the conventional wisdom, as we see here, his future career is said to be hugely at risk. Between a butthurt employee and a butthurt employer, why is it that the butthurt employer enjoys the benefits of a double standard?