Stupid defense that will never work. (Destiny)

by Coaxkez, Thursday, March 06, 2025, 09:02 (2 days ago) @ Kermit
edited by Coaxkez, Thursday, March 06, 2025, 09:16

Does it, though?

Cody and Schooly are saying that the legal argument can be made that enforcement was unfair as long as the ex-employee is able to demonstrate in court that his peers who engaged in the same conduct and violated the same policies were not penalized. How would the signing of a document change that premise?

Again, in my view, poor enforcement doesn’t nullify what’s on the books. Employees are expected to behave a certain way and the company is well within their rights to terminate anyone who is unable or unwilling to do that.

Schooly said previously:

You're correct, this is a clear indication that you're not a lawyer. His case isn't "I never did X, Y, or Z," it's that his termination was unfair or illegitimate.

I realize that, but what I was attempting to say is that I don't understand how selective enforcement can be used to argue unfair or illegitimate termination. Companies are not perfect. There's no way they can monitor employee behavior perfectly without any oversight gaps, which mean there's no way they can enforce their policies uniformly. So even if Barrett is able to demonstrate that "everyone else was doing it", how does that help his case? That does not at all mean that he wasn't doing it -- which, to me, is the only thing that seems relevant here.

In order to prove active targeting, would he not need to provide evidence to support the claim? For example, texts between executives talking about how much they'd love to ice him out of the organization?

It just seems like his argument is inferring way too much about Bungie's motive. Selective enforcement can easily be explained as a consequence of poor monitoring... or perhaps Barrett's conduct was simply more pervasive than that of his peers. There are dozens of alternative explanations.

Lawyers are so annoying.