Ask HN: Should I testify?
I've been contacted by a major law firm to testify against a former employer about how they've broken California and federal law. I have proof and witnessed it from a bunch of people inside so I'm not worried about that part.
But what will this do to my career? Now when people google me, they find good stuff like projects and presentations and blogs posts. They won't let me be anonymous and the employer is prominent and popular here so people will find out. What happens if they find this instead? Would it be a deal killer if I applied at your company?
I'm looking for career advice here, not legal advice. I have enough of that.
249 comments
[ 2.9 ms ] story [ 154 ms ] threadAlso, if the law that was broken was actually a major thing then I'd be hard pressed not to testify. It might affect your career, but only with companies that themselves have questionable ethics. You probably don't want to work for them anyway.
As an exercise I would look into the recent lawsuit against VC firm Kleiner Perkins. Search the web for "kpbc lawsuit" and read how people have reacted to that case.
->
"XXX isn't complying with YYY regulations!"
->
"Apple isn't complying with workforce competition regulations!"
So what you're saying is there's a certain level of integrity, and if someone goes over that level of integrity then they are too integer, and you don't want to work with them?
Hah. Easier said than done. :)
But no, seriously OP, don't rely on this. Whitewashing one-self via attempted SEO is more likely to fail than not fail.
I agree with the other posters: if you do want to testify, ask for a subpoena.
Living a virtuous life is always 'hard mode'; if it were not, would we ever have bothered to identify virtue?
For example, Bill Gates. We all hated on Microsoft in the 90s. But Gates has become an amazingly generous humanitarian, which he couldn't have done if he donated all his money to charity in the beginning and didn't focus on ruthlessly building his company.
In general, however, I don't think that I would want to work for a company that would hold a bias against me due to my participating in presumably honest testimony when a previous employer was brought to court for whatever reason.
Looking for advice about what testifying could do to his career image in the long-term from a crowd that likely has relevant experience is about career impact. Explicitly.
Except it really isn't about the explicit literal question, it's about the unasked real question.
What happens when you don't know you don't know something, or when asking what would be unacceptable?
A proxy question is substituted, and you hope someone hears what you're really saying.
Also, from a literal sense, I'd say whether you feel the choice is authentic is actually all about career impact. You're choosing to make your career something which isn't you, or something which is. What is the impact on you, and subsequently on your career, for each choice?
Thanks for saying that you're right and that my answer isn't addressing the question. I invite you to create an answer that addresses the question you see, so we can learn from you! :)
There was a time when I didn't know how useful "being yourself" was. I don't believe I'm the only one. For instance, people substitute defining themselves by a contrarian viewpoint relative to others, until they work out who they really are. Case in point: the petulant teenager.
And when you don't know you don't know, the questions you ask and actions you take don't display an understanding of that -- so it works to address the non literal if you want to contribute to helping people with those requests.
I hope this helps ! :)
Just in case I'm misreading you, this post comes across as quite passive-aggressive and patronizing given your opening line.
Anyway I'm trying to say something like:
Not everyone may know that. Being yourself is important, all decisions flow from your values works. Sometimes it works to address the substantive content of a question which may differ from the literal.
If you have any ideas how I can say this in a way that works, thank you :)
I say don't do it if it is not your business, if what the person did did not intentionally physically, financially, emotionally destroy anyone.
If you do it, who would you be helping?
There is something I love about the law, a concept named balance of hardship. If the testimony will do damage to this person, while on the other hand only inflicting slight inconveniences for the business, than again don't do it.
EDIT: Now if the person knew the consequences and intentionally wanted to harm, then I guess they knew what they were getting into.
It's interesting to consider, and I don't know. I'm not a legal professional tho I imagine a legal professional would say "there's not enough information."
So on those points alone I feel it's far more likely what you suggest is incorrect. Also I'm inclined to believe that. One reason is it works to choose the benefit of the doubt (not only because it's a legal doctrine), one reason for that being the benefit of the doubt creates harmony amongst people. Search for the good, sometimes it takes effort, and it's worth it. You'll be happier, definitely, if you see the good. On that point, I'd say we're wired to imaginatively perceive the bad, because we're wired for "threat landscape analysis". Tho this disturbs the mind, and maybe isn't always a clarity that works for people. Seeing the good is more unnatural and yet I think also very valuable.
Finally, if a person is asking strangers for advice at a pivotal moment, I'd say they're valuing and respecting others. It also works to respect their vulnerability in reaching out and help. I mean, that's the putative spirit of "Ask HN", right?
Maybe I'm missing something here, and benefit of the doubt goes a long way it seems to me. I'm also finding the HN Guideline, "Don't say anything you wouldn't say to someone's face" really useful in guiding choice on what to say here! :)
What's good for society may not always be good for the individual.
Large public Companies (assuming we are talking about a case against a public Company) may be reluctant to have you because HR might freak out. HR is all about damage control and compliance. But startups to medium sized Companies can be talked into it, and if you work is valued and appreciated, you should be fine. As a founder or executive of several Companies from 1 to 80 people here in California, I would not take this against you.
As a side note, I would also advise you to do some SEO on yourself as was said by porter. It's unfortunate, but worth it.
I would testify.
Consider that the law firm can subpoena you. If the choose to do that you would have no choice but to testify - or rather, you could be prosecuted if you choose not to.
Also it is the right against SELF incrimination. One can be compelled to incriminate others.
I agree completely with your second paragraph.
Let's say Sally is suing Joe for wrecking her car. I was driving Joe's car, and I fled the scene of the accident.
I'm subpoenaed in the civil matter to come testify for Sally to say what Joe did.
I'm pretty sure that you can tell the judge you refuse to answer due to 5th amendment right.
Source: I did this once in a federal civil suit (no vehicles involved)
What's the measure for "self incrimination". For example if I'm called as a witness for a relatively minor offence (non-violent theft say) but it will mean giving evidence that I was cheating on my spouse; that's not criminal but it's potentially going to ruin my life, why would I testify?
What about the converse, there's almost always something you could decide was unlawful, you were speeding, you dropped litter, you jaywalked, you illegally parked - if your testimony might reveal such things then can you claim the fifth?
"Is There a Cause for Which You Would Give Your Life?" http://www.warplife.com/mdc/essays/mental-illness/give-your-...
For me, now, there are lots of such causes. But then I am fifty-one years old, I have witnessed a great deal of evil in the world and so would welcome the opportunity to make right that which is wrong.
When people are thinking of hiring you, they aren't thinking whether you'll sue them legitimately. They're afraid of a spurious suit.
It's simple: do the positives outweigh the negatives?
Personal attacks are not allowed on Hacker News.
That doesn't mean don't testify though, what's more important to you, your career or getting the company punished for what it did?
EDIT: I've worked at some shops that were "cultish" and would look at testifying without a subpoena as not being part of the team. Fucked up, but organizations are often so. You need to do the right thing in the smartest way possible.
You can choose not to be a part of these organizations.
Mortgage, kids... Sometimes you need a paycheck.
Mortgages are not inherently bad. It's what you take the mortgage for is the bad decision.
Example:
Good:
Having a mortgage for a legal duplex (2 dwellings) and renting the other half out, while you live in one.
Bad:
Getting a house that's one big sink hole of cash and having more bedrooms/lawn/what have you.
You can be employed to build someone else's dreams. However there are other options available to you that don't involve being a rat.
Otherwise, explain the situation to the prosecutor and detective and ask to be subpoenaed. They'd likely be happy to comply.
If you do decide to testify, I would strongly recommend finding someone completely unrelated to the case who can coach you on how to be a witness. Not what to say, but how to say it. My only experience testifying was in a small criminal trial, but the advice I was given was to keep my answers short, factual and free of emotion.
Some companies will immediately discount you if you testify against a former employer. For those that look closely at the case, though, you do not want to come across as someone testifying because they bear a grudge. A calm, passive, "just the facts" attitude will be the best for your career.
* You may not be called to testify because you've made yourself a hassle, which solves your career problem but implicates you morally.
* Converting your testimony from freely-provided to compelled might have logistical implications. I've been compelled to testify before, and it was a nightmare for me. I'd have been happier if I could have told the trial participants "I'm busy this week, fuck off".
Whereas everyone else at the company were good team-players and kept their mouth shut and head down, so the plaintiff wasn't sure if s/he could count on their testimony or if they even knew anything.
Again, just explaining how someone might fear the logic would go. Not saying anyone does or should actually think like this.
However, don't get pressured into doing something you're not comfortable doing. If you morally want to do something, but only feel comfortable doing it anonymously just stick to that. And if the law firm doesn't see any benefit from your anonymous reporting then I would recommend to just leave it at that.
Not everyone is willing, interested, or capable of affording themselves the luxury of working for such a place though it can be very rewarding to make those life choices.
In this sort of circumstance the merits of the case might make a difference to future employers and to yourself, whether the legal action and your participation in it seems morally just.
You have to weigh your specific circumstances and the circumstances of the case to make your decision, likely nobody but you can really understand enough to give solid advice.
http://slatestarcodex.com/2014/08/23/nobody-likes-a-tattleta...
My point is, you need to look out for number one and not let some law firm looking for (their own) payday get you entangled in their profits, because none of them give a fuck less about you.
So without more clarity on which laws were broken and your role in this (are you the primary witness? Sole witness? One of a dozen?) it's hard to give specific advice.
But just don't let yourself get screwed because some lawyers see a payday they damn well aren't going to share with you.
ps -- if you get a subpoena, get your own lawyer. Maybe even get one now; a lawyer's job is risk management and that's what you need.
ps2 -- Depending on what happened, when people ask, "What kind of person do you want to be" the response might be, "The sort who has a career and can afford indoor living." Here's another whisteblower about mortgage fraud who has destroyed her career [1]
[1] http://www.rollingstone.com/politics/news/the-9-billion-witn...
As an employeer, the kind of lawsuits that give me pause would be from a sanctamonious employee out to make a quick buck.
This lawsuit look like the testamony is coming from a principaled employee: the kind of employee that I would be proud to work with that would call me to better behaviour.
If it's something that most people in your industry actually think is bad, go for it.
Then again, there are now so many and so broad regulations that any business will violate some on a daily basis. I would like to work with people who don't go to the legal system whenever they can.