A California judge in June sided with Bouchard and ordered the job search site Glassdoor to reveal the name of the anonymous former employee who wrote in a 2015 review that the company had “no safety culture.”
Seems like that statement isn’t false…
Going to sue a whistleblower? This should be good
So a poor sucker is forced to pay probably a ridiculous amount of money to protect his anonymity. And if he loses will again be sued for a statement that proved true after the statement was made?
Gotta love it.
It appears that Bouchard sued Glassdoor, not the employee, to obtain the name of the employee.
Presumably, Bouchard plans to sue the former employee for liable. For publishing false derogatory statements that damaged Bouchard.
Yes, the employee will probably have to provide his own defense. This will be very expensive for the employee.
It going to be difficult for Bouchard to prove that they were damaged by that very general hyperbole sort of comment. In my opinion, Bouchard already has such a bad reputation, at least that’s the impression I get, that it’s hard to believe that such a bland comment could cause them any actual harm.
The truth is a defense. Nonetheless, Bouchard can cost the employee a lot of money.
Yes, evidently the plan is to sue the employee.
Bouchard and its president, Morton Bouchard III, say they need the person’s name to pursue a defamation lawsuit. The company’s complaint states that Bouchard has “diligently worked to ensure that BTC (Bouchard Transportation Company) has a reputation for operating safely.”
According to the article it boils down to if what was posted was opinion or fact. My opinion is Morton Bochard III should worry more about his barges blowing up and killing mariners and less about what people are posting about him.
Well if Glassdoor loses the case a lot of members on this site should be nervous.
I wrote a bad comment about a former employer of mine on a website called “Jobvent” that was bought out by Glassdoor. My comment was 100% correct & I saved the emails to prove it but I still used a fake name to create my account with Jobvent. I’ve been called a coward for religiously using a nom de plume while on other forums but that doesn’t bother me. There’s nothing wrong with using a fake name to make comments as long as you’re not a troll.
Exactly my thoughts, but are the comments made true or false? I guess we’ll find out.
Well, this will be an interesting case. In a way it is like a defense attorney claiming that the past record of an habitual criminal or serial killer should not be used in court, no matter how relevant or true. It is kind of funny that they allow “character witnesses” to say nice things but talking about negative aspects of character and history is off limits regardless of its veracity.
Another aspect is how do we or anyone else define a “safety culture”? Culture changes daily, safety might be confused with pure shithouse luck if a lack of accidents is the measure of a “safety culture.”
It seems to me that if a large number of those diredctly involved can claim to be afraid of injury or death because of the way a company operates then the “culture” is one of fear, not safety.
The idea that a hearing and witnesses can be muzzled because facts and opinions introduced by those with a direct connection to the subject of the hearing are damaging to the reputation of the company is a chilling proposition.
The fact that a company is doing this seems like a very good reason for everyone with any connection at all to not just walk but run far far away. What kind of “culture” will be left at the end of this atrocity?
In my opinion, defamation lawsuits are hard to win, usually do more damage to reputation than the original offending statement, expose the plaintiff to a lot of intrusive discovery, unnecessary risks, and publicity, and are a really bad idea. Maybe that’s why so few defamation suits are filed.
When an employer sues an employee, particularly an employee who has no money or ability to pay a judgement if the employer wins, it just makes the employer look like an irrational bully.
Exactly…i wonder what exactly was said? It can’t be any worse than what any of the threads on here say. Whats next? Suing gcaptain?
Sounds just like Morty to me…
So we live in the land of NDA, Non Disclosure Agreement. We all sign them. This is a tool to protect maritime employers from being ratted out, or obeying the law. As far as real law goes, it is only as good as the ethics and morals behind it.But big maritime companies hope for their employees to live in fear of being fired, lose their pension,haha, Or the black ball you from the industry. Bovine Manuer:). I have hear that my entire career, and walked off with dignity when ever the Boss tried to get me to do some illegal activity. The Federal Government lives in secrecy and they offer jail time if you break a NDA. Whiskey Tango Foxtrot. Why all the secrecy. There is no magical formula for doing maritime work, be vigilant, wait until someone dies and you move up. Safety first until it gets in the way of money, then safety second, sounds like the Bouchard I heard of., I have known some fine captains that were their bitches and they all walked away with the taste of dog tootsies on their lips.
I have never signed a NDA to work on a boat.
you shouldn’t but big oil it is mandatory
Aren’t NDAs often unenforceable? Also I’d be more worried about he fact that they were able to get the name from glass door. It sets a precedent that almost any company in any industry can force an internet site to reveal the name of an employee that has said critical things of them, current, former, potential future employee. Basically what’s to stop companies from retaliating against workers.
I cannot read much of the comments on Glassdoor because I don’t want to sign up for it.
Collectively, the comments about Bouchard on indeed.com are mostly blistering. ‘Has no safety culture” is a rather mild comment in comparison.
The comments about Harley are not as strident as the Bouchard comments, but they gave me the impression that Bouchard and Harley have a little too much in common.
A company usually earns the reputation it deserves.
Nothing. Especially if you’re not in a union.
The dismantling of worker’s rights moves briskly apace, as it has for the past 60-odd years.
There are some significant whistleblower protections, but you have to: blow the whistle; the company has to know you blew the whistle; and the company must take action against you Because you blew the Whistle.
The company can fire you for a different reason, but it cannot be a pretext.