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Sexual Harassment Lawsuit Preceded Elemental Lawsuit

Kotaku has a follow-up to Stardock's recent lawsuit against Alexandra Miseta over what the company alleges was its former marketing manager's role in the shortcomings of Elemental: War of Magic. They have court documents showing that before being sued herself, Miseta had already brought her own lawsuit against Stardock CEO Brad Wardell for sexual harassment, retaliation, and wrongful termination, and that Stardock's lawsuit came three weeks after a judge denied their request to dismiss her case. In addition to details from the sexual harassment case, they offer accounts from an anonymous alleged former Stardock employees refuting the idea that Miseta was responsible for Elemental's failure. They say Wardell has not yet responded to their request for comment on this.

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82. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 20:28 Stanly Manly
 
dubfanatic wrote on Sep 6, 2012, 20:25:
https://en.wikipedia.org/wiki/Psychological_projection

Ah the ol' Internet Psychology bit. Where did you say you got your degree again? Facebook University?
 
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81. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 20:25 dubfanatic
 
Stanly Manly wrote on Sep 6, 2012, 20:19:
Pretty sure just about every labor company hiring illegal mexicans beat you to the punch there. Oh sorry, you were trying to be witty. Guess you weren't aware that there is a world outside. Oh, and guess you weren't aware that that there is a world outside of the US, as well. Enjoy living in your little bubble. Minimum wage, hah.

https://en.wikipedia.org/wiki/Psychological_projection
 
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80. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 20:19 Stanly Manly
 
dubfanatic wrote on Sep 6, 2012, 20:07:
I'm going to hire someone and pay them less than minimum wage. Then when they complain, I'm going to tell them "oh boohoo, we used to have slaves here. Be glad you are getting paid anything." Wow, I can't believe nobody has thought of this before! I'll save so much money!

Pretty sure just about every labor company hiring illegal mexicans beat you to the punch there. Oh sorry, you were trying to be witty. Guess you weren't aware that there is a world outside. Oh, and guess you weren't aware that that there is a world outside of the US, as well. Enjoy living in your little bubble. Minimum wage, hah.
 
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79. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 20:14 Flatline
 
Jivaro wrote on Sep 6, 2012, 17:15:
Also, and maybe someone who does have a legal background can answer this, but isn't there a risk to filing the legal claim that she did all that malicious stuff? I mean, he would need to prove motivation...which could very well be sexual harassment right? Let's say it didn't go that way, but instead she is proven to be innocent of what he charges. Regardless of the sexual harassment charges, wouldn't she then have a civil case regarding professional slander? I mean, what they are accusing her of doing has to have a long term affect on her job opportunities right?

It's possible for blowback, but not common. It's a generally safe bet that even if she's found in the clear of the charges nothing will roll back on him other than legal fees.
 
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78. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 20:07 dubfanatic
 
Stanly Manly wrote on Sep 6, 2012, 18:57:
Pretty sure your grandma would slap the shit out of you for crying over someone sending you a sex quiz link compared to some of the stuff she probably endured and didn't complain about. Grow a pair.

I'm going to hire someone and pay them less than minimum wage. Then when they complain, I'm going to tell them "oh boohoo, we used to have slaves here. Be glad you are getting paid anything." Wow, I can't believe nobody has thought of this before! I'll save so much money!
 
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77. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 19:58 Orogogus
 
Prez wrote on Sep 6, 2012, 19:36:
While we don't know enough to know if this ever happened in this particular case, I think it's a point worth mentioning that harassment laws are very clear that the behavior in question must have been called to the attention of the alleged harasser as being unwanted and viewed inappropriate by the harassed for it to be legally actionable. Judging from some of the comments in this thread it's not clear that everyone understands that.

I'm not a lawyer but as it happens only last week my company had its annual "harassment awareness" annual training where they have a lawyer come in and explain the legal process in detail.

Brad admits in so many words that it happened, because he's a crazy person and likes talking about litigation on the Internet.

Link

She later emailed me telling me she was mad about the incident - to which I apologized for hurting her feeligs but also insisted that I watch what jokes I tell around the office. (To understand the context, we're a relaxed software company, lots of Family guy jokes, Simpsons references, Robot Chicken references, etc.). To which I responded, admittedly, very very harshly to.

Now, you can argue that I was a jerk in how I responded to her.

And from the Kotaku article that Blue linked:

Hi Alexandra,

Thank you for bringing these up to me as I certainly do not want you to feel uncomfortable at work.

I don't recall item #1 but will certainly endeavor to be extra careful.

I understand #2. I will be more conscious of this in the future.

#3, however is not acceptable to me. I am an inappropriate, sexist, vulgar, and embarrassing person and I'm not inclined to change my behavior. If this is a problem, you will need to find another job.

#4, Again, I am not willing to adapt my behavior to suit others. IF you find my behavior problematic, I recommend finding another job.

I'm not some manager or coworker of yours. I own the company. It, and your job here, exist to suit my purposes, not vice versa. The company is not an end unto itself, it is a means to an end which is to further the objectives of its shareholders (in this case, me).

While I certainly agree that your rights as a person (certainly in terms of physical contact or interms of comments made towards you regarding your private live) take precedence over my rights as the owner of the business, that is as far as it goes.

I sincerely apologize for offending you while on our trip. I certainly would never intentionally try to upset you or make you uncomfortable and will endeavor to avoid doing so in the future. However, I won't change my basic personality to suit anyone (i.e. being an inappropriate, sexist, vulgar and embarrassing person).

Kind regards,

Brad

So, yes, it happened. The accuser brought it to the harasser's attention, who later posted it on the Internet with the apparent attitude of "So of course you can see I'm innocent." To be clear, #3 was her asking Brad to be careful about telling jokes which are often vulgar or sexist, which really seems like the demonstration scenarios in harassment training.
 
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76. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 19:41 Draugr
 
Stanly Manly wrote on Sep 6, 2012, 19:10:
Sleep wrote on Sep 6, 2012, 19:03:
You do realise everyones laughing at you, right?

Pretty sure your grasp of the term "everyone" is pretty shaky. Also pretty sure that feminists laugh when they are scared and have nothing else to fall back on.

So that's a, "No."
 
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75. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 19:40 Mashiki Amiketo
 
Icewind wrote on Sep 6, 2012, 18:37:
Wardell is a Republican anyway. Screw him and his company.
Good on you, don't let that bigotry eat away from the inside. Let everyone know that you're setting the "new tone" right here and right now.

Beh. I can't say I'm surprised to see comments like this.
 
--
"For every human problem,
there is a neat, simple solution;
and it is always wrong."
--H.L. Mencken
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74. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 19:36 Prez
 
While we don't know enough to know if this ever happened in this particular case, I think it's a point worth mentioning that harassment laws are very clear that the behavior in question must have been called to the attention of the alleged harasser as being unwanted and viewed inappropriate by the harassed for it to be legally actionable. Judging from some of the comments in this thread it's not clear that everyone understands that.

I'm not a lawyer but as it happens only last week my company had its annual "harassment awareness" annual training where they have a lawyer come in and explain the legal process in detail.
 
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“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”
- Mahatma Gandhi
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73. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 19:10 Stanly Manly
 
Sleep wrote on Sep 6, 2012, 19:03:
You do realise everyones laughing at you, right?

Pretty sure your grasp of the term "everyone" is pretty shaky. Also pretty sure that feminists laugh when they are scared and have nothing else to fall back on.
 
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72. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 19:09 m00t
 
RE: Sexual Harassment laws
http://www.eeoc.gov/laws/types/sex.cfm

It's illegal.
It's federal.
But single offhand cases does not harassment make. It's likely more complex than we know as most lawyers won't take the case unless it's pretty clear cut.
-----
Hadn't read the story yet before I posted that.

He's screwed.

This comment was edited on Sep 6, 2012, 19:15.
 
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71. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 19:03 Sleep
 
You do realise everyones laughing at you, right?

Stanly Manly wrote on Sep 6, 2012, 18:57:
You shouldn't be doling out the label of "stupid" when you clearly didn't comprehend my point. Throwing out a straw man argument doesn't help either. Keep on keeping on with that feminist crap though. Pretty sure your grandma would slap the shit out of you for crying over someone sending you a sex quiz link compared to some of the stuff she probably endured and didn't complain about. Grow a pair.
 
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70. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 18:57 Stanly Manly
 
TychoCelchuuu wrote on Sep 6, 2012, 18:38:
Hi Stanly Manly! I know you say your opinion is less than educated, but it's also pretty stupid! If you want to convince a judge and a jury that you've been sexually harassed, and if you want to do it even though the defense lawyer is going to do their best to make it look like you weren't, then you need more than just some sand in your vagina! You need evidence. And sure, the accused's intentions don't matter. If I think I'm giving you a compliment on your sexy good looks by walking up to you and French kissing you, you'll probably punch me! We can't give stupid idiots a license to sexually harass just because they don't understand what sexual harassment is.

You shouldn't be doling out the label of "stupid" when you clearly didn't comprehend my point. Throwing out a straw man argument doesn't help either. Keep on keeping on with that feminist crap though. Pretty sure your grandma would slap the shit out of you for crying over someone sending you a sex quiz link compared to some of the stuff she probably endured and didn't complain about. Grow a pair.
 
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69. contemplate this on the tree of woe Sep 6, 2012, 18:47 space captain
 
this planet needs an enema  
Go forth, and kill!
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68. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 18:38 TychoCelchuuu
 
Hi Stanly Manly! I know you say your opinion is less than educated, but it's also pretty stupid! If you want to convince a judge and a jury that you've been sexually harassed, and if you want to do it even though the defense lawyer is going to do their best to make it look like you weren't, then you need more than just some sand in your vagina! You need evidence. And sure, the accused's intentions don't matter. If I think I'm giving you a compliment on your sexy good looks by walking up to you and French kissing you, you'll probably punch me! We can't give stupid idiots a license to sexually harass just because they don't understand what sexual harassment is.

Normally I like to say "this is just people yelling at each other and we won't know the truth" but Brad's own posts on the Quarter to 3 forums make him sound pretty guilty...
 
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67. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 18:37 Icewind
 
Wardell is a Republican anyway. Screw him and his company.  
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66. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 18:37 nin
 
Draugr wrote on Sep 6, 2012, 18:34:
Stanly Manly wrote on Sep 6, 2012, 18:26:
Probably because the time spent "polishing" this turd wouldn't affect initial sales, whereas marketing certainly would.

Anyway, seriously, is the chick hot or what? Anyone got a pic?

Seriously, who cares.


Agreed.

 
http://www.nin.com/pub/tension/
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65. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 18:34 Draugr
 
Stanly Manly wrote on Sep 6, 2012, 18:26:
Probably because the time spent "polishing" this turd wouldn't affect initial sales, whereas marketing certainly would.

Anyway, seriously, is the chick hot or what? Anyone got a pic?

Seriously, who cares.
 
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64. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 18:26 Stanly Manly
 
Probably because the time spent "polishing" this turd wouldn't affect initial sales, whereas marketing certainly would.

Anyway, seriously, is the chick hot or what? Anyone got a pic?

P.S. Human Rights Laws... pretty much pertains to how you treat a PoW. Civil Rights Laws... yeah a whole other story. Sadly, "harassment" has nothing to do with the accused's intentions, and everything to do with the "victim's" perceptions of the incident(s). For example, you could have dropped a pencil, bent over to pick it up, and find yourself being sued because someone thought you were waving your butt at them in a provocative manner. My less than educated opinion on this matter is that this is just a typical case of a woman with sand in her vagina who can't handle a couple of dick jokes now and then. Cry me a fucking river. Kids are in sweat shops in other countries and you are complaining over a god damn link to a sex quiz that you certainly didn't have to click on and read...
 
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63. Re: Sexual Harassment Lawsuit Preceded Elemental Lawsuit Sep 6, 2012, 18:15 ASeven
 
I think, from what I've read, the most confusing part for me is this. Wardell claims Elemental was hurt by what she deleted when she left her office and moved to another job. This is what I don't understand, how could marketing stuff hurt a game by "spending "vital time" leading up to Elemental's release "attempting to re-create" the marketing materials, "rather than programming, debugging, and otherwise readying Elemental for release."". Why would they use programmers and game developers to re-create marketing material? That is very, very odd since game programmers and developers do have a specific job and it doesn't include making and re-creating marketing material and campaign. It's not in their job description and that kind of job is better made by marketers who could be hired easily at that point and could have re-created the marketing material within the time frame since this was not a huge, AAA kind of production.

The inference that Stardock used programmers to re-create marketing material instead of "programming, debugging, and otherwise readying Elemental for release" is mind-boggling. This, of all things, is a red flag for me, not to mention that even if he used the game programmers to re-create the marketing campaign, given the size of the project and how it turned out to be, it would have been quite wise to ditch the marketing material lost in favor of debugging and polishing. If that happened indeed then I can only say Brad is quite incompetent at assigning tasks and Elemental got hurt due to that as well.
 
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