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I like the founders - they are good guys. No, they're not. "Good guys" don't fire someone without a severance after 2 weeks for no reason, especially not after
by michaelochurch 12y ago
I like the founders - they are good guys.
No, they're not. "Good guys" don't fire someone without a severance after 2 weeks for no reason, especially not after you've put your reputation on the line as you have.
I let all job offers go (I had a few good ones)
Try to get those offers back. Explain what happened. If there's another solid option you can take, then you don't need to worry. Try to get a month or two of severance from the YCs but don't worry too much if you can't, and don't jeopardize success in your next gig by putting your energies into an all-out legal fight. If you're turned down, however, document it. This is going to help you make a case against the YC founders. The words you want are detrimental reliance, and to make that case, you need to establish damages. A job offer you had, that you lost, constitute damages. You relied detrimentally on the offer (later rescinded) from the YC company. That's a stronger case to make than wrongful termination, which often involves venturing into the undefined behavior of at-will employment.
Then-- if you can't get a severance on the order of 3-4 months, plus reimbursement for any relocation (both ways) or visa costs you've-- get a lawyer involved and sue.
- guybrushT 12y ago>Try to get those offers back. Explain what happened. I tried. My next choice office is gone (the company found someone else). I was a bit bummed, which is partly what lead me to post here on HN, and seek advice. Thanks for the advice. Its good to know about my rights and options available.
- fnbr 12y agoI would strongly advise against suing, however. It certainly sounds like you have a case (although IANAL), but it would damage your reputation[1]. Do document everything though, it's great to have options. [1] I know this is BS, but it's reality. Your reputation shouldn't be affected with your response to unethical former employers, but as someone entering a new community (i.e. bay area startups), you don't want to make it any more difficult than it has to be.
- michaelochurch 12y agoIf he can get one of this other job offers back on terms that are acceptable, he almost certainly shouldn't sue. Lawsuits take a long time and are incredibly draining. It's even more of a liability to be suing someone, while starting a new job. It's hard to serve those two masters at the same time. In fact, if the offers are unaffected, he doesn't have much of a case because there aren't damages, at least not from that. By "sue", I mean that he should seek a settlement if he can get a fair one. The company doesn't want a lawsuit either, but he can't look like he'll roll over and play dead. Actually going to court over this is a last resort. it would damage your reputation. It depends on what he sues them for, how connected they are, what they say, and how the case plays out. If he sues for emotional distress, then it looks like a frivolous lawsuit (and his odds aren't good). If he sues for detrimental reliance and can prove that he incurred expenses or lost job offers, it's less damaging. It hurts your reputation to sue if (a) the suit can be made to look frivolous (which doesn't mean that it is so; see "Hot Coffee") or (b) embarrassing material would come into the public, as usually happens in a termination suit (even if the employee is in the right). The reputation risk involved in a wrongful termination suit isn't mainly the fact that the suit occurred. (That's part of it.) It's also the fact that the company is going to have ex-colleagues testifying ("character witnesses", still employed by the firm being sued) and saying that the plaintiff's work wasn't any good. That's sleazy on the company's part, but extremely common in a Wrongful T.
- fnbr 12y agoI agree 100%. You make a good point regarding suing for detrimental reliance. Also, side note: I really enjoy your writing and read all of your blog posts. Keep it up.
- maerF0x0 12y agoWorst YC investment ever? We took $20k investment, hired someone for one week and then fired them, got the $20k sued right out of us.
- michaelochurch 12y agoIf personal cash flow isn't an issue for him, he could forgo cash severance in exchange for some equity, or strike a deal with an AoI (Agreement of Introduction) which means they agree to introduce him on positive terms to all future business contacts.