The article, tweet, etc… uses the word “allegations” or “alleges” in reference to all these things because until a trial is held saying anything definitive only invites repercussions.
Nobody wants to get hit with a defamation suit from a multi-billion dollar company because they used the wrong language when referring to legal matters.
A government agency isn’t going to file suit after two years on a whim or the words of only a few people.
Sadly, this is all fairly “normal” for a lot of corporate culture and especially in male dominated fields. You play along or you end up ostracized until you’re slowly pushed out of the company.
Hopefully something as big as State of CA v ATVI can shake things up and lead to better and safer working conditions for everyone.
Read the complaint filed by the State of California - not tweeted by rando anonymous women. The actual charges being pressed against the company after mediation remedies failed, that were the result of a two year investigation into the company’s business practices.
“you people” what’s that supposed to mean? I understand not burning somebody at the digital stake before they’ve had their day - but you’re just as bad - coming from the other side.
The REASONABLE thing to do here is not claim the plaintiffs are all liars or that Blizzard is liable / guilty - people are just chewing this over right now - it’s big news. But your true colours seem to coming out.
You can’t even acknowledge that some people may have been wronged here? Really? Nobody asked you to hang them up - just looking to discuss it reasonably. Since I don’t have a crystal ball and I’m pretty sure you don’t - ease up pal.
The bigger problem is that the “me too”-generation cultivated an ideology where innocent men also get thrown under the bus from feminists. Regardless of what really is going on at Blizzard. It is so easy to generate drama these days. Everyone can just claim to be “harassed” because they feel offended.
This only got reported on by the media just today because of this public court filing. Blizzard also already refused to settle, hence these court filings existing, because this case is going to court.
Take off your tinfoil hat you’re just making stuff up about this without even reading about it.
Sorry. Hit me up when someone’s convicted. I go by the law. I don’t consider myself an edgy outraged who thinks he can bypass the law and make my own, online, where no one can see my face, and attack and try to harm real people with real faces.
That’s precisely why they went with a civil action. I’m not certain of the legal term in the States, but in Canada, the two primary levels are beyond a reasonable doubt (criminal) and on a balance of probabilities (civil). Balance of probabilities means simply that it is more likely than not that an injury took place. It’s like in an election: if it’s 50.1% more likely than not that something happened, then judgement is rendered against the defendant. Going the civil route also makes it much easier for the California Department of Fair Employment and Housing (which has more women (8) than men (4) and almost as many non-white women (3)).
I have no idea whether the allegations in the suit are true. I certainly hope they aren’t, and if they are, I hope those responsible are punished harshly – to include leadership all the way to the top, since the ultimate responsibility for an organization’s behaviour rests with its leaders. But I would point out that, in every legal case I have looked at over the years that deal with similar issues (I was licenced to practice law in Ontario and thus spent more time on this than most), 95% of the heavy prosecutions and/or heavy lawsuits are brought by people who are members of groups that frequently allege oppression and other related issues. That, to me, says that there might be a culture of seeking revenge being fostered at the highest levels of those in the legal system.
Strictly in monetary terms, the Plaintiff in this action is seeking:
(1) Compensatory damages. This is making the defendant pay damages for injury inflicted on a victim.
(2) Punitive damages. This is making the defendant pay an extremely heavy monetary price. It is part of the retribution branch of the theories for the correct purpose of the legal system. This is the same thing as executing a person convicted of a capital offence and sentenced to death.
(3) Unpaid wages (and others). This one is fair, assuming an employee who filed a complaint was in fact retaliated against. If you are illegally fired and also illegally not paid, then this is what would cover that ground of damage.
(4) Equitable relief. This is pretty much a catch-all term for “any other amount of money that could possibly be required by a court if we could even think of all the names for it.”
(5) Pre-judgement interest. Basically, if the court determines that the Defendant is the loser of this case, then the court would add up all of the amounts determined for all of the previously mentioned sources of injury, then apply interest to that amount. This is a two-year investigation, so I assume the interest would only apply back that far, but I could very well be wrong on this point.
(6) Legal fees incurred by the Plaintiff.
(7) Any other penalties the court deems appropriate.
So according to the filing, Blizzard employees roughly 9500 people. They say approximately 20% (1900) are women.
This is NOT a class-action suit, so each person alleging injury would be awarded a different amount based on circumstances unique to them.
But let’s go with an estimate. If the average annual salary for each person is $50,000 and the average other compensation is $30,000, that’s $80,000 per person per year. So 1900 x 80000 x 2 = $304 million.
Then you add on all of the other amounts being sought. If the interest is, say, 5% per annum, you’re looking at $319,200,000. And that’s WITHOUT everything else tacked on.
Then let’s add, without interest, punitive damages alone. Those tend to be significant, to the tune of easily 50% of the base amount sought. So let’s go with, say, 35%. That takes us to almost $431 million.
I could go on, but this is starting to get long.
Blizzard pulled in $8.09 billion in 2020. It’s annual operating expenses for 2020 were $5.352 billion. That drops their profit to roughly $2.738 billion. Then, let’s subtract the potential judgement amount ($431 million): $2.307 billion. Then we have to subtract the legal fees and other costs associated with the investigation that were incurred by the Department.
The average annual salary for a litigating attorney in Los Angeles, where the trial will be held, is $124,000. Let’s say, conservatively, that there were four such attorneys working on the case for a maximum of two years. That’s another $992,000. That doesn’t account for the fees for junior partners, senior partners who had to be consulted, expert witnesses (such as forensic accountants), paralegals, legal secretaries, legal researchers, and other law firm-related employees.
Then let’s not forget about the costs levied by various other parties in the process.
We’re talking a very real possibility of Blizzard being forced by the courts (not even considering an expensive appeals process that will definitely take place) to pay out 90% or more of a single year’s income. Then add to that the loss of ad revenue from the hundreds or thousands of businesses that would stop supporting the company. Then remove a conservative estimate of 1 million players’ average $15/month (USD only) subscription. That’s another $180 million.
Essentially, if this lawsuit goes to trial and succeeds and all of the damages requested are levied against Blizzard, you’re talking the total destruction of Blizzard Entertainment. There is literally no way the company could survive this if the lawsuit goes forward and is adjudged in the maximum against Blizzard.
I know that there are many of you who would cheer this happening, but stop and think for a second. Most of you would also scream bloody murder about a single innocent person being convicted of and punished for a crime. Let’s assume that, of the remaining 80% of employees there, 25% are good people. That’s another 475 people out of a job, unable to pay their bills or feed their families.
You’re cheering for the possibility of people who are completely faultless in this alleged situation being irreparably harmed – cause let’s be real, once other potential employers found out they worked for Blizzard, regardless of culpability, they will be branded guilty by association and never get another job in the industry again.
But I think this is another case of a biased group that doesn’t bother to pay attention to small details (p. 15, at para. 47, line 4: “Blizz Con” used instead of the correct “BlizzCon”), giving me pause as to its ability to get anything else correct
The Department is throwing a pot of spaghetti against the wall to see what sticks, and will most certainly leverage negative publicity to its maximum extent possible against Blizzard. In no jurisdiction in California will Blizzard ever hope to get a fair jury trial.
LET ME BE CLEAR: IF THESE ALLEGATIONS ARE TRUE, THE VICTIMS SHOULD BE COMPENSATED FAIRLY FOR THE ACTUAL INJURIES THEY SUSTAINED, WITH THE FIRST DOLLARS COMING FROM THOSE AT THE VERY TOP, BEFORE THEY ALL GO TO PRISON FOR A MINIMUM OF TEN YEARS.
I just don’t see this working out well for anybody involved – except, of course, for the lawyers.
I just want to mention to the people who keep saying “where is the evidence” and that the evidence in the court filings are just “accusations”. I know you didn’t actually read them then, because the 2 main charges are:
Unequal pay/unequal promotions/etc
Which can easily be proven by financial records that the 2 year investigation had access to.
and
Retaliation
Which can also easily be proven by looking at the employees who filed sexual harassment complaints with HR, and then seeing that many of those employees were then laid off
These are definitely going to be the 2 main bodies of evidence that sink this case for Blizzard. I also think the fact that leadership changed hands from Morhaime to Brack and this culture was still pervasive and nothing was done to stop it is going to be very damning.
And again, all of this is listed in the court filing. Read it if you want your “evidence”.
IDK about that.
2 year investigation and California seems to think there’s enough to it to go after a multi-Billion dollar company in what could be a very expensive and protracted lawsuit.
You people…as in…everyone who has replied and basically claimed presuming innocence is now not how our court system works…shoulda known that phrase would trigger someone. If that applies to you, that applies to you. If not, great for you.
I literally JUST said:
“suspending immediate belief of all claims until evidence is publicly accessible in order to uphold our innocent until PROVEN guilty court system is not automatically calling the accusations false”
"is not automatically calling the accusations false”
"is not automatically calling the accusations false”
"is not automatically calling the accusations false”
"is not automatically calling the accusations false”
