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▲ jcranmer 2 days ago

What claim would the executive have? They can be fired by the board for any reason (except for a few explicitly prohibited reasons), so "they lied about why they fired me" doesn't work as a claim unless you're alleging the real reason is because they're racist or something similar.

▲hackeraccount 2 days ago | parent [-]

The problem would be they'd depose the board and ask when they knew about it. The board member would say, yeah, we've known for a few months but we'd figure we'd just sit on it and see how it played out. I don't know how these things work but that sounds more like the act of an accomplice then anything else.

▲jcranmer 2 days ago | parent [-]

Depositions happen after the motion to dismiss, which is where you assess "even if the facts you allege are true, you have no case." And "we've known about it for months before we did something about it" isn't enough to get you to an unjust firing.

▲hackeraccount 9 hours ago | parent [-]

I agree with that. In some hypothetical where the board sat on information I'm not saying the executive would get out of being fired. I'd tend to think they still would - I just think the board itself would also be in trouble when their actions came to light.

It's criminal so the analogy isn't perfect but if you know I killed someone and neglected to mention it because you gained from that; I expect I'd still go to jail but it's not like you'd have nothing to worry about. We'd both be hiring lawyers.