Employee sues Google for 'illegal' confidentiality policies
engadget.com
engadget.com
* Restrict the Googlers’ right to speak, right to work, and right to whistle-blow.
* Prohibit Googlers from speaking plainly – even internally – about illegal conduct or dangerous product defects, because such statements might one day be subject to discovery in litigation or sought by the government.
* Prohibit Googlers from telling a potential employer how much money they make, or what work they performed, when searching for a different job.
* Prohibit Googlers from using or disclosing all of the skills knowledge, acquaintances, and overall experience at Google when working for a new employer.
* Prohibit Googlers from speaking to the government, attorneys, or the press about wrongdoing at Google.
* The policies even prohibit Googlers from speaking to their spouse or friends about whether they think their boss could do a better job.
There were alleged training practices, policies, and documents outlining these offenses and they are written up pretty plainly in the suit itself[1]. Makes for better, more detailed reading, than this Engadget piece.
[1] - http://www.bakerlp.com/Google-Blackout-Case/2016-12-19-PAGA-...
Sound like a total dick. Glad this wasn't a bar in Florida where you can conceal carry. Dude comes to some establishment and threatens employees and owner with criminal prosecution and filing criminal charges, then when they want to return the phone to the police, he would rather have it returned to them...
What a dick.
https://www.wired.com/2012/10/drinking-establishment-check-h...
this guy apparently was being an all-out, stereotypical SV dickhead, blatantly threatening a mere bartender (Barton) with criminal charges ("like I was in any trouble", as Barton says) -- just so he could save his own ass back at the Googleplex.
http://www.securitysystemsnews.com/article/google-s-brian-ka...
Looks like a revolving door hire, and if the suit is correct, then it has to cost Google a huge fine.
What is GOogle hiding they want a strong-arming Security Service Agent comfortable with making illegal threats running their grunt task force?
That certainly contradicts several of those points.
The evidence and facts brought up are:
1) A quote from his offer letter.
2) The confidentiality agreement.
3) A Code of Conduct policy for "internal purposes only."
4) Data Classification Guidelines.
6) Employee Communication Policy.
7) Training programs including one called "You Said What?"
8) "Prepare to leave Google" policy.
9) "Exit Certification" note upon termination.
10) A "Global Investigations Team" led by Brian Katz.
11) "Stopleaks."
12) Quotes from all hands meetings.
13) Alleged amendment of a policy in response to his letter to Labor Workforce and Development Agency violations.
15) Lawyers telling employees to STFU on discussion threads about legal problems in the news
We have people who started a spreadsheet where googlers can post their salary/total comp and they are still working at google.
"Former Google employee Erica Baker revealed in a flurry of messages on Twitter Friday that she faced retaliation from management after compiling a spreadsheet of employee salaries."
http://blogs.wsj.com/digits/2015/07/21/ex-google-employee-ex...
Try posting that spreadsheet on the internet and see what happens.
[0] https://www.theinformation.com/employee-lawsuit-accuses-goog...
And certainly claimed Legal Violation #2 also falls flat when you consider that these are trade secrets protected by the Uniform Trade Secrets Act, and leaking trade secrets is illegal.
#3 and #4 is contradicted by the presence of the Protected Activity section in the same confidentiality agreement, which permit such activity.
I'm not about to comb through supporting documents just to disprove the rest of the claims; we have lawyers whose job is to do that. But since I can relatively easily find contradictions between what I have readily available and what the lawsuit is asserting, I have doubts that the underlying lawsuit really holds much weight.
Most of those bullet points seem completely reasonable.
Google instructs employees in its training programs to do the following: “Don’t send an e-mail that says ‘I think we broke the law’ or ‘I think we violated this contract.’”
Yeah, that should be common sense, but there might be some talented yet socially-dumb engineers who need to be explicitly told that. Loose lips sink ships!
The only thing I find objectionable is the arbitration clause in the employment contract. That should be made illegal.
How is it acceptable for a company to encourage employees to hide bad (or illegal) behavior ?
For example "I bet we'll get boatloads of patent disputes from Samsung if we get the next Nexus phone made by LG", said by someone on the Google search team who is just speculating based on public news reports.
Later in court, Samsung could use that as evidence that someone in the company had knowledge of violating patents (which increases damages 3x).
[1] https://www.theguardian.com/technology/2012/apr/20/oracle-go...
If an employee sees a violation of criminal law, does reporting it to his supervisor discharge any additional legal obligation to report it to law enforcement?
So the company is not saying, "Don't raise concerns about illegality." They're saying, "Don't raise them to your manager, but instead to the legal team."
Large companies tend to set up internal processes for such complaints to ensure that they go to the right people (i.e. your manager is probably not the right person anyway) and that they remain legally privileged when possible.
Based on the news reports (and not the content of the suit), it seems to me the filer is not aware of what is common (and frankly not worrisome) behavior at large companies. People get fired for leaking product details; legal discussions should happen with lawyers; companies commonly have contracts prohibiting discussion of wages but those contracts are usually unenforceable because in the US labor relations regulations actually protect such actions from retribution.
Loose lips also sink Axis ships.
I have a hard time believing Google lawyers would put something like this in writing for employees to sign...
“Don’t send an e-mail that says ‘I think we broke the law’ or ‘I think we violated this contract.’”
That seems like pretty reasonable training. You shouldn't put that on the record because you're not an attorney. You are just some Dork, or Senior Dork, or Staff Dork, or whatever grade of Dork you happen to be who is still not an attorney.
Maybe the attorneys also have to take training that advises them not to say "I think this dereference might be undefined behavior" in emails. Who knows.
This is standard employee training presumably not just at Google, but at basically every company I've ever worked for.
The rule goes basically: if you don't think what you write would look good on the front page of the NYT, then don't put it in an e-mail.
Doesn't seem like a risk a competent retained counsel would want to take, in any case.
[1] http://www.acc.com/legalresources/quickcounsel/acpfihc.cfm
The only way to really get screwed over by these tests would be to instate a "no emailing the lawyers about corporate wrongdoing" policy (causing your employees to fail all three tests in the link).
Of course, the lawsuit alleges that Google did exactly that. I wonder if the courts will (imho correctly) strip a large percentage of their internal legal communications of attorney/client privilege.
Time to grab the popcorn.
NYT: To the dismay of their employees, Google insist on using slowALGO, possibly costing them X sum.
If you know your company is "assaulting somebody" or something obviously illegal, I think you have a duty to let superiors know so that something can be done to fix it.
People are both employees and citizens and sometimes must choose between the company and thier own society at large.
Sure, that benefits Google. But some people care more about ethics and don't want Google to get away with potentially illegal actions.
1/ Your company could act legally and you think it is acting legally.
2/ Your company could act illegally and you think it is acting legally.
3/ Your company could act legally and you think it is acting illegally.
4/ Your company could act illegally and you think it is acting illegally.
Case 1 is fine and case 2 will spur no action from you, so we can discount those. Case four is protected under whistleblower laws, and you should get your own lawyer and only talk to them in no discoverable media anyway. Case three is where corporate policy applies and where you should probably not speculate in email because, well, you're wrong.
If you're on the fence between three and four, talk to a lawyer anyways and get off the fence. Find a firm legal footing and then pursue the issue.
That's exactly my point. I'm asking whether or not an employer should write a contract that specifically states the employee should modify their behaviour to ensure things aren't discovered later - namely that the employer knew (or at least "was informed") that illegal things were going on. I don't think they should. If my employer wanted me to sign something that said "If you see things happening that you believe might be illegal, please keep quiet about it because you don't understand the law" I think I ought to say no.
The problem is engineers lack a good grasp of how the law works compared to lawyers - sometimes the action is not illegal, but it will still looks bad after discovery. Leading to unnecessary settlements not as a matter of law, but of optics. "If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him."
> "If you see things happening that you believe might be illegal, please keep quiet about it because you don't understand the law"
That's not what they are saying - they are saying don't use email to do it. I mean would you appreciate it if your startup's first employee sends an email stating "We are infringing on these 18 Microsoft patents" on the record?
So, are we discussing ethics or legality? If Google's official policy is one of "we like to skirt the law well into looking-bad territory, and that is fine" then they really need to abandon their "do no evil" motto.
Your inability to understand this goes to OPs point about engineers not understanding law. I'm guessing you're an engineer(or at least - not a lawyer)
No.
I'll make an analogy: Engineers hate it when sales make commitments on behalf of engineering. Can you not imagine how lawyers might dislike engineers making legal commitments?
When dealing with people outside of the org, lawyers want from engineers what engineers want from sales - be vague and don't create obligations you do not fully understand. It is still perfectly fine for a sales guy to privately point out a bug - just don't shout it to the customer.
I think it takes a lawyer to believe "pointing out when the company you work for is breaking the law" is the same as "making a legal commitment", as if laws only apply if you acknowledge them. I'm realise that is essentially how the world lawyers live in works, but I think it sucks and I wouldn't want to sign a contract that forces me to be a part of it.
Assuming you know the law when you never studied it is the problem. The idea is that you should be asking if something you think is questionable is legal or not. That's why companies have lawyers. It's about bringing it to the attention of the right people who can make the call and keep the company out of trouble, without saying something incorrect that you might have to testify about later.
Especially true when it comes to licenses.
One of the reasons is jury trials: such emails are discoverable and Google has first-hand experience with this in Oracle v. Google. Oracle brought an email sent by a non-lawyer technical Googler[1] and used it as evidence that Google knowingly infringed on Oracle's copyright. Googles lawyers had to go to great pains to deflect that line of attack (including asking the guy if he was a lawyer on the stand as Oracle's hostile witness).
Even if the email is wrong, it still looks bad to someone who does not understand the nuance of law, like members of the jury.
1. http://arstechnica.com/tech-policy/2016/05/apache-e-mails-sh...
If lawyers are just fishing to soundbites and that leads to companies hassling their employees that's a flawed system.
For example, If I were to see Jimmy stealing some GoogleBot servers then absolutely the company would want me to inform them about Jimmy's actions. Communication is largely done by email. So, there is no problem reporting illegal activity by email.
But, that's not what the corporation is fearful of, they are afraid of Jimmy's department which is infringing Big Corp.'s Patents. If I see this and email the company then the company has to respond with an inquiry to their lawyer and investigate, otherwise this could come out later in a court trial and cause financial harm. So the company doesn't want people to do what they believe is right. Oh sure, we can still report it verbally. But, that's absurd to have a policy that says email is fine for all communications except for anything that could potentially be detrimental to the company. What if I was harassed at work, I'm not supposed to say anything about that in email, it all has to be done face to face?
I hope this case wins, I hope that folks here understand that it's important to do what's right and not to do what their corporation tells them is right.
So I don't think you can reasonably say this is a case of companies not wanting illegality to be disclosed. It's wanting disclosure to take the proper form.
(Indeed, they have a vested interest in proper handling of illegality to ensure that higher-ups are aware of and can mitigate legal risks.)
You cherrypicked one point out of the complaint, hence you cannot say anything about the validity of the entire complaint. Do the other points, summarized by randomdrake [1], also seem silly to you? And when considered as a whole (not as individual points), does it still seem silly?
The inherent problem with Googlers defending Google, beyond the obvious conflict of interest of expressing views about the company that writes your paycheck, is that Googlers expect us to trust them that the internal info they can't share isn't suspect.
If you can't share what's actually going on internally, you shouldn't be defending it. Let the case happen, with any luck these internal presentations, policies, and memos will end up in the public record, and we'll all be able to see what's really going on.
Not all leaks are made in the sprit of "whistleblowing". This article seems pretty misleading… many of these measures are designed to protect the company's intellectual property and secrecy, though I see how they can be abused. I would hardly call it a 'spying program' though.
Which does not appear to be any kind of public service.
14k per employee. That's quite a payout.
(Of course, I'm doubtful that any general payout is coming around.)
What is the logic for the state somehow being entitled to such a huge cut? Presumably, if anyone was wronged here, it was the employees.
I don't know how damages are divided up in cases like these, but I'd guess that the state's cut would be distributed (at least partially) to affected employees.
> Because Google requires Googlers to waive their right to seek class-wide injunctive relief for Google’s illegal conduct, the only effective remedy to address Google’s illegal conduct is the aggressive and full imposition of penalties under the Private Attorneys General Act.
This way you reduce the incentive for futile suits and malpractice hunting while keeping the penalties harsh for those who do it.
Compensatory makes sense to go to the claimant but punitive not so much; it's purpose is to make financially unwise to keep whatever practices an entity was found guilty of.
After leaving Google, I'm always amazed at what I'm allowed to talk about with vendors. I'll start talking in my Google-conditioned non-committal cagey way, and a colleague will remind me that I'm not at Google anymore, and I can just say what I mean.
It occurs to me only now that a company that wasn't evil wouldn't need to make such a show of stating it like this.
What do you mean by this? Are you making a distinction between "mission" and being part of the Google Code of Conduct?
"Don't be evil" was the corporate motto of Google.[0]
[0]: https://en.wikipedia.org/wiki/Don't_be_evil
Google Code of Conduct
Preface
"Don't be evil." Googlers generally apply those words to how we serve our users. But “Don’t be evil” is much more than that.[1]
[1]: https://abc.xyz/investor/other/google-code-of-conduct.html
The Wikipedia page notes that this was included in the Google Code of Conduct in 2012 as well, prior to the incorporation of Alphabet.
I just started at Google and had to sign it.
I have read several blog posts of Googlers about their work experience on their own blogs. If leaking unannounced works to the public, that's definitely a standard how work should be treated.
So I'd want to hear more about exactly what's going on. A "spy program" is a catchy phrase to grab reader attention. I think anyone should report if they spot anything against the interest of company such as insider trading, violate NDA etc, especially given Google is publicly traded.
isn't this illegal?
http://qz.com/458615/theres-reportedly-a-big-secret-spreadsh...
So I can tell another Googler my salary but I can't tell you (unless you're a Googler) because my NDA forbids it. I'm pretty certain that I'm allowed to tell you that I'm not allowed to tell you, though. :)
There's an internal site where a number of Googlers share their compensation, anonymously or otherwise. I've never received any indication of disapproval or retaliation from management for being on it.
(I am not a lawyer, standard disclaimer applies.)
http://h1bdata.info/index.php?em=Google&job=&city=&year=2016
P.S. Add 10% for non-H1B workers.
Google was denying her bonuses her male colleagues received, because she was the creator of that resource.
(I work for Google)
Doesn't seem like a false accusation to me...
That said, Google has a VERY restrictive IP a policy that effectively prohibits employees from running side businesses at ANY time during their employment on ANY medium, Google-owned or not. Anything you make is Google's.
Actually, this is pretty much 100% false (I help run the invention assignment committee, so ...). We let it happen all the time, and in fact, grant people the IP to do it. This is significantly better than most companies, who pretty much don't tell you, and then if you come up with something cool, will sue you and get it from you.
Did you actually attend the week two training we give entitled "open source and IP", that covers this in great detail?
"Engineers from the group I was in left because of this." I would love to know who you believe left because of this. In the 11 years i've worked at Google, the vast majority of people i've seen leave in this situation left because they basically wanted to start a competitive startup, get the IP from google, and still get paid by google at the same time (quite literally). The number of people who left for ideological reasons i can count on one, maybe two hands.
'Don't be evil' indeed.