This is such a poor implementation of what has proven to be a very robust mechanism.
Since the employee is being fired (deprived of something), they are "the accused" and "the burden of proof lies with the accuser". All the charges that are presented must be presented in such a way as to be challenged. Allowing the manager the last word -- and not allowing the employee to even be aware of what was said -- indicates that accusations are being made without being challenged.
The selection of jurors -- three non-managers or one manager -- seems strange in part because it recognizes a hierarchy of people and in part because it involves such a small number of people. The validity of a jury hinges in part on a certain notion of the equality of people -- we don't have juries of 12 ordinary people or 2 senators in the United States because we don't expect that senators are "more just" than ordinary people. It's hard to see why expecting managers to be "more just" is any more reasonable.
This isn't all. Sometimes, even when you're not a _fire-worthy employee_ (for lack of a better term), just to fuck you up, the manager could choose to mark you as "least effective" in the year-end / mid-year review and not really put you up for a PIP... Now... even though you performed good enough, there's no jury to appeal to. What happens next is that the manager could then systematically deprive you of quality work and come year-end / mid-year review, s/he has a solid case to PIP you and throw you out. Note that, being marked "least effective" essentially means that one can't transfer internally to other teams unless someone wayy higher up the management chain approves of the transfer.
I'd be lying if I said I didn't see this seemingly happen with multiple people across multiple Amazon development centers.
This place is toxic and puts way too much power in the hands of the managers, and the net result is that the managers have their favourites, and that the engineers are nothing but puppets, and that engineers are busy back-biting each other, and the managers enjoy the shit show from the sidelines. Despite not having any moral high-ground, all managers in an org review every reportee in that org with absolutely zero fairness, there's no integrity whatsoever, from what I've heard.
And I'd be lying if I said this _thinking_ didn't take it roots right at the very top of the management hierarchy (...according to employees I've spoken to).
>Note that, being marked "least effective" essentially means that one can't transfer internally to other teams unless someone wayy higher up the management chain approves of the transfer.
What a hilariously counterproductive policy, obviously people that just barely exceed the incompetent-enough-to-fire low water mark are going to be given glowing reviews, then pawned off on some other team.
I've been a developer at Amazon for about 3 years, and I've stayed for the following reasons:
- Reasonable work-life balance. In my 3 years here, there have only been a few "crunch times" the whole team has had to work weekends. We viewed it as a failure in planning and conducted a post-mortem to understand what went wrong.
- Nice people. Honestly, I've never experienced poor treatment like that which was highlighted in this article and the NYT exposé. I'm not saying it doesn't exist, but in my experience, Amazon has no singular culture. It's more like a federation of start-ups with distinct cultures; if one team isn't a good fit for you, it's pretty easy to switch.
- Competitive pay. This is partly due to timing (the coincidental soaring of the stock price when I joined), but in general, my experience has been that Amazon offers strong stock compensation.
- Fascinating, hard problems. Pick _any_ specialty within software engineering or data science, and there's a team within Amazon at the forefront. I'm always learning, and I never feel like the smartest guy in a room. I get to work on "moonshot" projects that few other companies would have the resources to finance or the risk tolerance to stomach.
I'm not writing this comment to brag or imply my experience is representative of everyone at Amazon. This is just one perspective to even out the chorus of voicing saying it's a terrible place to work. In my experience, it's the polar opposite.
All the things he said are pretty cookie cutter responses you'll hear echoed time and time again from Amazonians. They aren't original thoughts, and I wouldn't expect that this poster would respond 100% honestly if he did have concerns about his job as his profile easily links him to a real id, and Amazon doesn't take kindly to criticisms from NDA'd employees. For more context there's usually a training involved to be able to post online about Amazon, and it is explicit in not voicing criticisms.
Amazon is not for everybody, and not everyone figures out how to identify bad teams and avoid them, and they have a bad time.
But if you have decent EQ, some backbone, and good technical skills, you can work on solving really hard problems with awesome peers that disproportionately do the right thing without being asked (because we cluster together).
I work for Amazon, but I don't speak on behalf of Amazon. The social media policy boils down to mostly common sense, don't share confidential information and make it clear you're not speaking for Amazon. No where does it say don't criticize Amazon. Be respectful of each other, our customers, partners, and others (including our competitors). You can criticize with out being disrespectful.
I've asked this question to multiple Amazonians who have worked there for 4 years or more, and I've yet to hear a decent answer. There are many companies that have sub-40hr work weeks that will pay you as much as Amazon (plus stock grants), but yet most won't make the time for an interview.
All the people I know at Amazon in Seattle consistently get home after 7pm most nights, and a handful of those people come in on the weekends for 10 to 12hrs to fix mundane bugs that aren't in need of immediate fixing. Amazon's high pressure work culture encourages this terrible practice of burning the candle from both ends, but Amazon definitely doesn't create quality products on the first try in part due to this.
I've noticed across education and work systems, there are some areas that have an extremely high barrier to entry, and treat you well if you make it, and others where the barrier to entry isn't as high, and getting in doesn't mean you've made it.
I've always had an atypical (read: not traditionally competitive) background, both for schools and jobs. As a result, I've found universities and firms that are willing to take a chance on me the best. They are great for me because the tacit agreement is "I know I don't meet the traditional standards, but I'll work hard to prove I'm worth it. And if I'm not, I know you'll fire me." No one ever says it, but it's the strategic system that underlies this.
In short, Amazon offered me a job and a salary no other tech company would have. Not even close. I've had to work nights and weekends not on Amazon, but just on teaching myself the tech to do my job (I'm a data scientist who could barely code when I started). And I'm not doing bad. I'm not a genius, but I'm valuable enough. Once I get all my stock and a promotion, I might look at a 40-hour type company. On the other hand, my team is pretty fun, so I don't know.
>All the people I know at Amazon in Seattle consistently get home after 7pm most nights, and a handful of those people come in on the weekends for 10 to 12hrs to fix mundane bugs that aren't in need of immediate fixing.
I can't speak on everyone at the company, but the campus is basically empty at the times I leave at 7-8 (which isn't often and usually happens when I show up at 11-12). My own building is 95% cleared out by 6pm on a daily basis.
Not saying what you hear isn't true, but it's definitely appears to be the exception rather than the rule from my experience.
This isn't a great answer, but especially in tech, the barrier of finding another job (i.e. the interview process) is so high, that it's not worth the additional stress + time commitment to really look for place that has equivalent pay.
When your stressed out by work, interviewing just piles on the stress and can decrease performance.
One of the biggest problems at Amazon is the lack of accountability for managers. Someone who consistently works their direct reports 60 hours/week but meets deadlines has no incentivize to change. 4 years later, everyone has quit and there's a mountain of tech debt. This becomes the next manager's problem, who is likely more clueless than his/her predecessor.
Although this seems like a reasonable idea at first, in fact, rule of law and effective courts preceded representative democracy in Europe by several hundred years.
One reason for this is that the big thief at the top -- the king -- benefitted by limiting the take of all the intermediary little thieves. The other reason is that the king had more to tax when the commercial sector was bustling and efficient -- but this meant contracts needed to be honored and private property respected.
Would Bezos benefit from justice at the level of rank and file management? Even if all that resulted was higher retention, then yes. Justice and rule of law doesn't have to extend to every level of an organization to make a difference.
This is something. For a country where certain elements have even called for "bringing democracy" to other countries at the worst or at least being a shining city on the hill at best, the one place democracy has not taken root is where its own people spend most of their life: in the workplace.
If Karl Marx (democracy absolutist) could have you take one thing from his work, it would be your observation. Of course, before the US decided it were the home of democracy, Europe actually was. Marx devoted his life to understanding the challenge of crossing the threshold of the workplace. For everyone interested, I recommend Capital: Volume I.
I think you are thinking about the US consitution and the 3-5ths compromise. Slaves were only considered 3/5ths of a person. At Amazon though non-managers are considered 0/5ths. You are stupid if you work there as a non-manager or you need the money.
> Since the employee is being fired (deprived of something)
Well, the employee is depriving the employer of something as well. That's why they are in this arrangement: they believe it to be mutually beneficial, and thus agree to deprive themselves of something good, in exchange for something better. The problem this system seems to attempt to solve is where the employer is not aware of what they're getting in return for being deprived of that employee's compensation.
> the employer is not aware of what they're getting in return for being deprived of that employee's compensation.
This would make sense except this article suggests that employees are not given a proper chance to actually present what they do give in return. Rather they spend the whole process defending accusations from their manager.
> She wasn’t invited to watch her boss’s presentation, and he got the last word.
In court, the accused does not get kicked out whenever the accuser is speaking. They should at least have the right to hear what is being said about them and be given the same time to both give a rebuttal and present their achievements and contributions.
The sense in which I meant it was: in the course of a termination, the employee is being deprived, by another person, of something. The latter person sets in motion the process. That's one way to figure out who is the accuser and who is the accused, because in the framework of the law, we are not to deprive another person of rights or possessions without demonstrating they have done wrong.
> because in the framework of the law, we are not to deprive another person of rights or possessions without demonstrating they have done wrong.
Does the employee have a right to unconditionally (employment law and preexisting agreements notwithstanding) continue depriving the employer of his compensation? That seems, to me, completely unjust. Not only is this unjust to employers, but it is hostile to prospective employees as well: How many companies that you've worked for would hire you if they knew they could never let you go? How many of them would avoid giving raises because they would be expected to continue that scale of compensation until you're dead?
One doesn't have a right to unconditionally do anything; and in this case it is governed by contract. Generally contracts are void if one or the other party fails to deliver.
In this case, Amazon has chosen to implement something modeled on a judicial process, and that's where it's relevant to talk about burden of proof and who is depriving whom of what.
>because in the framework of the law, we are not to deprive another person of rights or possessions without demonstrating they have done wrong.
Employment is not a right, and a job not the possession of the employee (it's rather the other way around,) and employers in the US can in most cases terminate an employee without demonstrating any cause at all. This isn't a "real" court and jury system, so the rules of that framework don't actually matter here.
The purpose of this is not to find fact and arbitrate fairly, it's to discourage employees from engaging in lawsuits against Amazon.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
One could use the more generic term "stuff" instead, in this case, because the key thing is, someone wants to deprive someone of something, using a judicial process. (If they didn't want to use a judicial process, it would be different, but Amazon is choosing to use one here.)
The whole premise of "right to work" is questionable because the employer and the employee are not equals. All else being equal, the employer has a big upper hand in any negotiation.
I think the immediate problem with setting this up as a legal preceding is that it gives everyone involved a fundamentally wrong idea.
It suggests that the employee is on trial, but you can't be on trial if your performance is poor because poor performance is not a crime. Yes, I'm sure everyone involved understands academically that it's not, but reading the article, the comments here, I think the internalized intuition at work is casting this as a matter of justice.
Hiring, retention and firing are not mechanisms to enforce some sort of justice, they're about ensuring that employment is mutually beneficial.
It's extremely hard for someone looking at being fired to have this kind of detached view of it, especially if you're already inclined to view the world in terms of justice, but you shouldn't because it will mess with your head. The first thing you want to do if you leave a job for any reason is move on, not feel like you've been exiled or ostracized. And if you come into an interview with a chip on your shoulder, that makes it significantly harder to get a new job and move on.
And this is not just a problem employees have, many managers are prone to criminalize employees who don't do well or hold grudges against people. That leads to capricious behavior and corrosive office politics, and you do not want them in leadership roles.
Trials are not necessarily about criminal matters. Civil matters are also settled in trials.
It doesn't seem inherently unreasonable to have some process to let an employee argue that they were not given a reasonable chance to meet the demands of the job or that they actually were meeting the demands of the job and for the firing manager to argue that they were given a reasonable chance to meet the demands of the job and still were not meeting it.
IANAL, so I may have some preconceived notions, so I'll just lay them out.
UCMJ is absolutely a legal system, and it deals with punishments for criminal actions. Most of the UCMJ is regular criminal law[1] covering everything from arson to rape to petty theft. (For non-Americans: criminal law is generally legislated and enforced at the state level, but military bases are under US jurisdiction.)
The UCMJ does elevate some bad performance to criminal status: sleeping on guard duty, malingering, disrespect to officers, etc. But the UCMJ says those things are crimes and punishes them as crimes, though it's far less dramatic than it sounds.[2]
Employment contracts in the US are generally "at will," so the remedy your employer has if you're not doing your job is to fire you. Your remedy if you don't like your job is to quit.
For either side to be subject to a tort (getting sued) there has to be a breach of contract, which means there was a contract you signed or at least discussed with your employer. For you to be subject to criminal penalties, you usually have to have intentionally caused harm to someone.
So if you're a salaried employee, have you ever signed a contract guaranteeing some level of performance? In any of the cases we're discussing, are people being sued for monetary damages? It happens; if you're an actor you have to complete some number of shows, but most 9 to 5 jobs aren't like that.
If there's no contract where an employee is promising a level of performance, their performance is not even a civil case, let alone a criminal case.
And that's where my claim that it's wrongheaded to put this in terms of justice. It's simply not the case that doing a bad job is something that we'd normally put someone on trial for. While courts are good at dispassionately hearing evidence and so forth, non-lawyers don't view trials dispassionately! They view them as a morality play where the righteous vanquish the wicked, which is completely inappropriate.
Disclaimer: Work at Amazon and participated in the appeal process as one of the jury a while back.
The article clearly doesn't go into the process beyond what's on surface. When I participated both the manager and the employee wrote an initial document that would be shared with each other. These documents are the basis for the presentation. The employee had time to go through the manager's document and rebut each of the points their turn (as did the manager), so it seems slightly disingenuous to suggest that neither party has access to the other's claims.
During each parties presentation, they would go through the document and bring in supplemental evidence (which the other doesn't have access to).
The format I went in was:
Employee presents their document ->
Employee rebuts manager's document / Q&A ->
Manager presents their document ->
Manager rebuts other presentation / Q&A
The panel then has the option to bring back the employee for additional questions.
I'd be interested if/how the ordering of the presentations affected the panel.
I have done "attends" in the UK but in order to do this I needed to be trained and accredited even to be allowed into the meeting to observe and not as some one with the power to make decisions!
It might be slightly mitigated since the panel has the opportunity to bring back the employee if they have follow-up questions but I'd agree and would want to experiment with the ordering.
The manager isn't present during the employee's presentation either though, and I'd imagine it would devolve into a circus if both parties are present during both presentations and able to interrupt/rebut directly. (Might also not be beneficial to the employee)
If these were real grievance hearings, both parties would be able to be present during each other's presentation, cross-examine witnesses, and present (and/or challenge) evidence used to make a decision on what to do with the employee.
Could it become a circus? Yes, if procedural ground rules are not well-defined and enforced by the moderator of these sessions. One of these should be the obvious "don't interrupt each other while one side is speaking".
I know these aren't supposed to be formal legal proceedings by design, but if the parties cannot question each other -- or even hear what the other has to say! -- then there seems to be a strict upper bound to the degree of "truth" that a jury could uncover during this process.
EDIT: I didn't notice your disclaimer when I wrote this; I absolutely did not mean to give off the impression that you or your colleagues @ Amazon didn't take your responsibilities as appeal committee members seriously or didn't do your job properly. Hopefully you didn't take it that way, but re-reading this thread made me want to clarify.
While many companies in the US can fire an employee for "no reason" that doesn't mean ANY reason or any process. If the company has a process that isn't fair, an employee could potentially sue over that. Granted other factors come into play but if a company sets up a system like this they still have to do it fairly, a judge could potentially decide the process is unfair.
>While many companies in the US can fire an employee for "no reason"
Side note since you mentioned "firing". The article's title ("facing firing") may unintentionally overstate what Amazon's appeal process is actually appealing.
Based on the text, Amazon's "appeal process" is to challenge the status of being put on PIP - the Performance Improvement Plan. It isn't to appeal a firing. (Although I understand that some see that as no difference if a PIP is ~99% equivalent to getting fired eventually.)
If the employee wants to keep working (at least temporarily) for Amazon, he/she doesn't need to appeal. What a successful appeal does is let them work without PIP targets hanging over their head.
PIPs, at least from what I’ve seen in 12 years at DoE, are a way for managers to retaliate against employees without raising the ire of the (completely useless) union.
A PIP is an explicit statement of the problems with an employee's current performance and what they need to improve to not be fired. A manager's complaints may be dubious but no more so than they would be if they were outright allowed to fire the person.
I've never heard of a PIP actually succeeding (an employee improving to the satisfaction of their manager) so it delays the inevitable, perhaps allowing the employee to quit and find another job before their fired. It's definitely meant to avoid a wrongful dismissal lawsuit but I think that almost never works; either the employee is going to sue or they're not, "being given a chance to improve" isn't going to change that.
If there are explicit goals or metrics to be measured, which I have seen in many cases, it's pretty clear what needs to be done to clear it. If they don't meet those goals, and they're attainable (e.g. other people in the same role are performing that well on average), it's a pretty clear defense for a lawsuit.
I was offered a PIP once. It was purportedly due to poor performance, but it was clear that I was being gotten rid of for other, non performance-related reasons. The actual goal I was meant to meet was unachievable because I was simultaneously throttled in the amount of work I was allowed to take on at once.
The whole place was a clown show that I was unhappy at anyway, so while I entertained the idea of taking them to court, when I realized the PIP is basically an elaborate attempt to defend against wrongful termination cases I ultimately just found a much better job.
I could see how that might work. Most PIPs that I've seen were pretty fair as they laid out pretty specific benchmarks. But I could see it working the other way if someone wanted it to.
PIPs are the worst. I've seen them basically emotionally destroy people when they were probably not the right tool. In many of those cases firing would have been better for them.
I've only ever seen one person successfully negotiate a PIP and keep their job (for another year, until they took a much better offer at a company that paid them more and treated them better).
The biggest thing is to ensure that the targets in the PIP are both realistic and measurable. All too often I've seen people being asked to meet a bar far higher than is possible (and not even met by top achievers at a company) and with no real way to measure it other than "if I think you're doing good enough".
I've seen them basically emotionally destroy people when they were probably not the right tool.
Yeah, it's a silly game where everyone has to pretend there's a chance you can "succeed". When in reality it's "rather than firing you and dealing with severance and lawsuits, we'll keep paying you for a few months while you find a new job, and then we'll agree that you voluntarily resigned". An employee who doesn't realize that is going to have a bad time, and would in fact be better off fired.
That's not true in California and likely in many other states.
>[A]n employer may terminate its employees at will, for any or no reason ... the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment ... The mere existence of an employment relationship affords no expectation, protectible [sic] by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms.
Yeah, most states are "at-will" employment, which means outside any specific contract, either the employer or the employee can terminate the relationship "at will".
No specific reason needs to be given. And this is important. Neither side should be beholden to the other. Employees are not beholden to their employer to stay any length of time, and neither should employers be beholden to the employees to keep them employed indefinitely.
Now, no matter what, there is going to be a power imbalance. Currently, the power lies mostly with the employers. Employees are generally replaceable. You can find someone else to do a similar job.
Worse, if you leave without notice, you may be penalized (won't pay accrued vacation time, final paycheck etc). Further, you may be banned from working in the same field again, if you signed a non-compete.
So its symbolic in one sense - sure you can quit, but you can't do it without fallout.
I've never heard of it being legal to withhold pay for time that has already been worked, regardless of the reason the employee is separated from the company.
Outside of California most non-competes are enforceable as long as they have reasonable time limits and reasonable geographic limits. Some courts have found that North America is a reasonable geographic limit. One year is about the max time limit.
The deets may vary around the edges depending on the state (excluding CA which has strong anti-non-compete)
/* I used to practice employee-side employment law.
You'd have to be in a position to sue anybody. Which working-class folks definitely are not. No suit is worthwhile for a few hundred bucks anyway - but that much money matters a lot to an individual working paycheck to paycheck.
As usual, there's a system in place and lofty rules about 'right to work' but it functions only for the well-off. The entitled if you will.
By the time it gets to court, it's no longer a few hundred bucks. And even if you take it to small claims, you can get the defendant to pay the costs if they lose. And they will lose. Because withholding pay is kind of illegal.
The vacation/sick pay issue is more of a grey issue as it's mostly a matter of company policy than any legal issue.
"Right to work" typically refers to laws that prevent union membership being a requirement to work at certain employers. I don't think that's what you mean here.
Requiring union membership is illegal in the US. "Right to work" laws allow non-members not to pay for representation that federal law requires the union to provide.
As far as I can tell, paying out vacation time isn't depending on anything; the company is obligated to pay that no matter what.
While there are plenty of workers who don't really have any recourse, I'd imagine highly paid tech workers can afford enough of a lawyer's time for them to draft a scary letter.
it can depend on whether the "vacation days" are offered as an earned benefit. Sometimes in PTO systems employers structure PTO as a discretionary benefit rather than guaranteed/earned benefit. Discretionary stuff can be held back (usually applies to expected bonuses but could apply to PTO)
That doesn't really matter. If the you can prove the company fired you for some reason that is illegal, like racism or whistleblowing, you can still win damages.
Damages are mostly based on lost income. So this is really only an option for high earners who are unable to find a comparable job.
If your payroll damages are low and your case is solid, you might find a bleeding-heart lawyer to help you because attorney's fees are often included in the employee's damage award.
Though, in some states punitive damages may be available as well. (Sadly, not in Washington State where I used to practice)
In my country this procedure could be deemed a tribunal. Tribunals, like many legal objects, are duck typed and don't have to be created by legislation; any extrajudicial arbitration process that has the form of a tribunal may qualify.
Under such circumstances the rules of natural justice must still be observed: most significantly, a fair hearing with rights of reply, and an unbiased adjudicator.
Failure to adhere to those rules is the basis of an appeal to a real court.
If we had a similar setup in the United States, we'd have much fewer wrongful termination tort lawsuits. In the long term, it would be cheaper in almost every respect.
The problem with a system like Amazon's (or internal appeal processes other private companies use) is that they are often so blatantly biased towards management that their results would be legally meaningless in the context of a trial. It makes me wonder why they bother at all.
That's a complete strawman. Nobody is claiming that workers' rights should be limited so that employers can make more money.
People are claiming that workers' rights should be limited to the same extent that employers' rights are limited (i.e. that either party can end the relationship at any time and without any specific reason) so as to avoid giving excess power to one party or the other.
The business belongs to the employer typically, they should have far more power over their own business than an average employee does. Inverting that is crazy. I take a job at your 30 year old business that you've run for your entire adult lifetime, now I have more power over it than you do, all because I took a job = perpetual stagnation ala France.
Ok, now do "I took a job at a huge multinational that you've worked at for your entire adult lifetime, now I have more power over your job than you do, all because I graduated with a minor in HR last month".
And? That's the decision of the person who owns the business. Not yours, and not the HR person's.
The person who owns the business has decided that this is the process by which he wants employees vetted because they do not have the time to personally oversee every decision.
See, you've actually moved the goalposts here and you may not have realized it.
I'm not sure if you read the comment I was responding to, but it sounds like if you had, you would agree that it was presenting a totally irrelevant argument.
He was making irrelevant points about the owner having put their whole life into a business for 30 years and an employee being brand new. None of those are relevant to whether an owner should have more power than an employee, unless he'd like to make exceptions for e.g long-term employees and someone who just bought an existing business.
"Nobody is claiming that workers' rights should be limited so that employers can make more money."
I mean, no one would come right out and say that, because it's a pretty stupid thing to say. There are, however, plenty of actions that have that outcome, without having the optics of coming right out and saying that you're favoring employers over employees. Being friendly to "job creators" and all that.
That's right, the workers. The workers should have the excess of power in all circumstances. The only reason we have weekends and the "40" hour work week is because of workers and left wing movements. Corporations would have never let such happen, and are historically against the worker & only in favor of raking in profit at the expense of labor.
Edit: point proven, HN doesn't care about labor rights and prefers rights for corporations over the actual workers who make the corporation.
> Edit: point proven, HN doesn't care about labor rights and prefers rights for corporations over the actual workers who make the corporation.
There is plenty of room for disagreement among people who accept that workers should have rights -- for example, what should the rights be, how should those rights be balanced against the rights of management, etc.
There is room for disagreement but there is certainly a strong anti labor sentiment on this board. There's a strong pro labor group as well, but I have seen people on here state outright that unions are inherently immoral and not just that unions as they have turned on in specific situations are bad.
If we are living this, it must be some type of reality, right? I mean, if something is the reality for lots of people, you can't just claim it is not a reality. I think it weakens the argument to ignore the kinds of work lots of people are actually doing when discussing this stuff; it needs to be incorporated into the intellectual structure of the philosophy if it is meant to be useful.
> Workers who lose still get to choose between severance pay or a performance-improvement plan.
I'd agree, except it really doesn't doesn't cost anything to appeal.
The appeal seems more like a cultural evaluation to see if they can go to another team or not. Not so much a real chance to keep your job.
Working under a manager who wanted you gone... that's a recipe for disaster anyway. Unless your manager has done something that warrants his termination, workers would be better off just finding another role in the company or finding a new job.
Most terminations, in my experience, have been due to poor cultural fit... not job performance. Unless someone is grievously slacking at work, generally speaking the only time someone gets fired is when they fail to build rapport with their boss and coworkers. That being the case, a "trial" like this seems like a good way to see if the worker just has a conflict with his boss, or if he's really a pain in the ass to work with.
> Not all justice systems are for the public or for criminal offenses. This is a private appeals court for employment contract enforcement. I would qualify that as a justice system.
You're under the mistaken assumption that Amazon is actually trying to set up a fair system with this, instead of creating something they can point to when they're criticized for hasty firings.
Not all justice systems are for the public or for criminal offenses. This is a private appeals court for employment contract enforcement. I would qualify that as a justice system.
If you've been marked for firing, obviously management has a poor perception of you. Sure, your coworkers can vouch for you and stop the firing, but to management you're still a marked man or woman. You might still have your job, but you're probably looking at poor performance reviews and no raises for a few years. I know very few people who've ever dug themselves out of a situation like that.
You'd be far better off to just leave for another company and start fresh.
depending on the market it would be in your best interest to clear your name before you leave. I'm not sure about Seattle or SV, but many of the other markets that Amazon is in are smaller in comparison and having a bad reputation at a larger employer like amazon can make it difficult to find work elsewhere. But absolutely leave and start fresh in addition to appealing.
My understanding is that it's technically allowed but almost impossible in practice. Few managers and even fewer of their managers want to take a chance on an underperforming worker.
The sad thing is, PIPs can exist as much to be a check on managers as to punish employees. PIPs, like annual reviews, should never be surprises. But there are a lot of crappy managers out there[0].
So, yeah, a formal check-in before a firing at the very least gives an employee time to start getting things in order before being completely out of a job, if you disagree with the assessment and don't trust your manager to give you a fair shot, and you can't make the case to the rest of management to give you a shot elsewhere within the company. And that's better than that same manager being able to fire you with zero notice.
[0] and from the opposite side of the desk, it should also be acknowledged that there are also some crappy employees out there who will let their performance degrade to sub-replacement-level.
The trick is to find the places where mid- and upper-management will see a manager using a lot of PIPs as a poor reflection on that manager. Likely they're hiring poorly, motivating poorly, coaching poorly...
I think it's more that your direct manager has a poor perception of you. Other managers/groups might not.
And, it could be that your PIP "end date" and your vesting schedule coincidentally line up so that if you don't succeed in your PIP, you miss your vesting date, you might be more motivated to try and stay.
I like the idea of breaking off a boss/employee relationship that's not working and allowing the employee to find a different position in the company rather than just terminating the employee.
However, why not hire an independent mediation firm to judge? Why put current employees in a position of taking sides? It seems like the unfairness cited in the article would be nearly unavoidable as relationships and reputations between the judges, the bosses and the employee would all be put to the test.
Why not hire an independent mediator? The key word here is “hire.” Either the employee has to pay part or all of the cost, or the mediator is paid by the company. In the first case, it places a significant economic burden on the employee; in the latter, the mediator has an incentive to find for the company to obtain more repeat business.
The mediator is absolutely working for the company. The whole point of this is to retain people who might still provide value to the company, with the idea that it's cheaper to retain an existing employee than to recruit and hire a new one. The process doesn't need to be "fair" from Amazon's perspective if it accomplishes this goal. The main goals for a mediator (again from Amazon's perspective) would be (a) to improve this process (retain more good employees, keep fewer bad ones) by bringing more objectivity and training to bear, and (b) mitigate potential PR downsides by reducing real and perceived conflicts of interest.
I do think a mediator could accomplish these goals. While the conflicts of interest might not be reduced to zero, it's likely that the pool of mediators will have more degrees of separation from the managers and therefore will reduce conflicts. (Whereas the normal employees that are on the jury have to consider the very real implications of their actions if they contradict what an important manager says.)
this sounds like it's ignoring political realities. if you find against the employee, they are gone; if you find for them, now there is a manager, maybe an important one, at your client who's pissed at you and might make noise about it to higher ups. better for business to do what the manager wants.
> I like the idea of breaking off a boss/employee relationship that's not working and allowing the employee to find a different position in the company rather than just terminating the employee.
Yeah, there's two sides to it though. On one hand, its very, VERY common when an employee isn't performing that the problem is incompatible team/manager (it might be incompatible with the company, but often its a localized problem).
On the other hand, I've also worked at companies that -always- assumed the problem was the employee/team relationship, and critically incompetent employees would linger around and waste the time of several teams before they were canned, which was an obvious outcome to anyone who had worked with said employee. In one case of a company being way too nice, some dude I worked with took almost 2 years before being fired, when NO ONE wanted to work with him. Imagine how many things we could have done with the 150k+ a year he was paid during that whole ordeal...
> In one case of a company being way too nice, some dude I worked with took almost 2 years before being fired, when NO ONE wanted to work with him. Imagine how many things we could have done with the 150k+ a year he was paid during that whole ordeal...
Sure but you shouldn't consider the 150k+ on its own; you should compare it against all the goood employees who would've been fired in a different system that you ended up saving.
I like to think that it's better to keep one bad person than to fire good people for no reason but I admit that may be more an emotional stance than a logical one. And let me also say that by bad person I mean one who isn't technically able to do well, not one who is a jerk.
The bad employee does do untold damage though. They don't live in a vacuum. Good people quit over them (and not everyone is comfortable with blaming it on an individual, so management may not even know they're the reason). Workspace can become toxic. Rumors can start spreading making people not accept a job.
So you lose a lot of people by keeping a bad apple, too. In the example I gave above, at least 4-5 people I know for a fact quit over them before they were dealt with.
Well this is why I tried to specify only keeping people who were performing poorly not because they were unpleasant to work with. Do people quit because they feel like their coworkers aren't smart or hard working enough?
All the time. The worse is at a high level people don't even realize it, because very quickly the entire workplace becomes "mediocre", and you don't even realize its lacking in "good people" from lack of reference points.
Yes same thing happened in my last employer with one troublesome engineer who was hard to deal with. When his manager left, none of the existing managers wanted to take him into their team. He was eventually kicked out when he verbally abused one the key technical leads.
Absolutely it can just be a case of being in the wrong place and having a shit for a hr manager. one particular nasty piece of work who used to work for a large uk company I worked for comes to mind.
I have tried to help some one in this situation but they did not get anyone else involved until its to late - other wise it could have been fixed.
In France the firing itself is a very strict procedure that includes a mandatory discussion between the parties. When an employer wants to fire an employee, here is what absolutly must happen for the procedure to be valid:
- The employer appoints a meeting, with a formal convocation. The meeting can only happen 5 days at least after this letter (has to be a signed letter)
- the employee can come to the meeting, and is often expected to, with a union representative. If there is no union representative in the company because of its size, the employer has to provide an official list of representative available for this purpose in the city.
- During the meeting, the employer explains all the issues. At this point, if the employer provides the slightest hint that the firing decision is already made, the procedure is not valid anymore.
- After the meeting the employer has to wait 2 days before they can notify the firing decision (or not). At this point, the employee has a termination period that can be between 1 and 3 months (often 3 months for developpers).
If at any point the procedure is not valid, the firing is effective anyway, but the employee can appeal to the Prudhommes court, a special court composed of employers and union representative. The employee can not be reinstated in their job, but can get some compensation money.
In France there is a "Labour court" (conseil de Prud'hommes) that handle disputes around employment contract, including termination of it. The court is independent of the company, it's a public institution. There is no jury, but four elected non-professional judges, two of them represent employers, the remaining two represent employees.
And if you're not happy with their decision, you can appeal to a higher administrative court, with professional judges.
It is interesting how the default assumption is always that the employee is at fault. There's a reason why high quality employees always consider the specific manager when evaluating a job offer.
I understand why that presumption exists though, because blaming the manager is an obvious strategy for an underperforming employee to follow. Bonus points for alleging violating some protected status.
Do the employees given the three options know this is coming? IE, has their manager communicated to them as part of their daily communication that there is a problem? If not, Amazon really needs to start there. If I have to fire an employee for performance problems, it should not be a surprise to them.
If only there was some sort of organization that workers could collectively be apart of and contribute to. An organization dedicated to worker's rights, an organization that would make sure whimsical decisions couldn't aversely affect people's lives because they're in the wrong class in an organization/society.
I understand the comment is snarky, but it's really quite absurd in my mind that this is an actual headline, instead of it being a bad joke (which I guess it kind of is). Because it's not even your "peers." It's mainly still just upper management trying to put on a facade of peer judgement.
In the most charitable light, this is organizational cargo-cult.
"What if we brought the court of employment law into Amazon? Wow, wouldn't it be great for Amazon? It'd cost less, move faster, and be more fair! Oh and the employee too, because whatever is good for Amazon is good for everyone!"
It's the similar to how some school district replace superintendents with CEO's and then blush when cost-cutting and sexual harassment kick in [1].
Unthinkipng, these prganizatibs replicate the trappings and rituals of the seemingly successful without understanding why they're successful; doing so in the faith that a new world is right around the corner if they just believe hard enough.
Right under the surface, of course, is our collective loss of faith in society, and thus the impetus to award public power to private entities. Handing over healthcare, our rights, our freedoms in the "hopes" that companies will govern us "better" than our elected government. From a single modern republic to multiple feudal realms: the reality of Libertarianism realized.
There can be plenty of reason not to trust a jury of co-workers.
Somebody I worked with was fired. He wasn't doing much work and seemed to devote most of his days to manipulating his image. He was not just "managing up", in fact if he were better at that maybe he could have survived longer. What he did especially well was molding perception of peers.
Maybe tops ~3 people working closest with him knew he was full of shit. But in very far breadths of the organizational tree, he spread the word that he was the guy to talk to on the team, pulling all the weight. If you asked most of his colleagues to this day, they would probably tell you he was a productive to high-performing contributor, which he was not.
I think this is actually how he got the job in the first place. He schmoozed far and wide in company X, then more productive employee lands a gig at company Y, where I worked, and he greased the wheels through social connection to also go there. I suspect he collected stock options at some pretty good places over the years doing this.
Are you implying that he was doing anything wrong? Unless he was especially unproductive or ignorant at his job, then the schmoozing can be seen as a multiplier.
At a certain level in a company, playing golf with the client is the job, as it closes the deal.
I am implying that. In the time since this story I've had a lot of time to think about the ethics of this situation. Even if he was a sleazy liar, sleazy liars are people too, and someone getting fired is drastic. But to use your terms, a multiplier on a negative quantity is more deeply negative. He was doing his job duties none at all or poorly. Other people had to clean up after his messes and lies. I created a throwaway account to tell this story because he was the most sociopathic IC I've seen in the business, and my career is not brief, I am not normally phased or automatically put off by sociopaths.
I mean, I suppose this is better than no review process whatsoever. But the real solution is to just have a union, so that the fired worker has some representation.
(For management workers, I favor a similar process but that would require some changes to labor law to be fully protected. You could still have a union without that, but it's not going to be one that has the same recognition.)
I would argue that a fair appeal process is much better than a process involving a union which always sides with the employee. In Canada we recently had a case where a union negotiated a glowing letter of reference and the sealing of a personnel file... for a serial killer: https://www.cbc.ca/news/canada/london/long-term-care-inquiry...
Obviously the union shouldn't have filed a grievance without investigating. Most unions wouldn't. But this adversarial system appropriately shamed the union for not investigating first and resulted in an outcome of the person being convicted.
Seems quite silly to use this as an example for why those of us who are not serial killers shouldn't have unions. But I guess serial killers ruin EVERYTHING.
How can it be fair if it's set up by the company? Even if it's an "agreement" between an employee and the employer, the employer is in a much more powerful position and can force a better position. The whole point of unions is to have enough labor negotiating together than it can argue on the same footing as the company
Systems of justice are incredibly annoying, and invariably involve a lot of careful fine-tuning that goes completely out the window with every new addition.
It reminds me a little about how every time a new package manager comes out, the peanut gallery all chimes in with "well why don't we just use OS packaging?"
Package managers and justice systems hard-enforce legibility in a way that completely breaks the second the landscape does. You have to do the hard work of making a new one. Getting by with what you have only increases the workload on the already-busy humans. There are Debian packages for various extremely well-used Ruby gems. But somebody got motivated enough to do that work.
Similarly, if you introduce the wrong system of justice into a human social regime, it creates all kinds of perverse incentives. The task of preventing bad outcomes from perverse incentives then gets compounded onto the few extremely busy people that have to juggle being cops along with their existing jobs.
It seems extraordinarily generous to offer a choice of severance or a hearing in front of an impartial "jury", as alternatives to a PIP. Anyone who's been working for a while knows that when you get to a PIP, you basically have one foot out the door. Relatively few people go from PIP back to a valued, productive employee.
I knew exactly one person who got put on a PIP by his manager and didn't end up fired. It ended up being because his manager got fired first, and his new manager saw that the PIP was completely ridiculous and the employee was in fact great. Nonetheless, it took that guy's career years to recover. He was basically his team's technical lead, but he was but was still ranked and paid as an entry-level engineer.
I'm surprised the employee in question didn't spend the rest of his tenure at the company applying to other jobs and printing out resumes. Why would you stick around with such a yoke around your neck?
An abusive employer, just like an abusive SO, can demoralize you to the point where you think you deserve the abuse and that nobody else will take you.
Getting out of that pit is genuinely hard. One of the companies I worked for back in the day was abusive, and it took me a very long time to get out. I eventually mustered up enough confidence to leave, but I stayed for ages even after I realized the company was toxic.
I have a very similar story with an interesting twist. I knew exactly one person who got on a PIP by his manager and didn't get fired. Almost anyone who worked with this person including me felt that the PIP was justified because he was known to be an incompetent developer.
The PIP ended up because his manager left the company. He was assigned to a new manager who worked in a different location. So the manager-employee relationship became a remote-relationship for them. He played his cards very well with the new manager and got himself out of PIP.
Nonetheless, it took that guy's career years to recover. Everyone around except this new manager still saw him as incompetent. He is still paid as an entry-level engineer.
It's not really that generous. If they put you on a PIP they want you gone, but it may be a few months before they get rid of you. And if they do eventually need to fire you, you're still probably going to get severance. It's cheaper for them to just give you the severance up front and not have to pay you for any additional months spent working
Also I don't find the concept of the "jury" that generous either. In fact it's pretty weird and seems like it could become extremely political. There's the fact that the person advocating your dismissal is potentially the boss of the people advocating that you stay, which creates a pretty severe conflict of interest. There's a potential factor that a team needs to downsize, and by advocating you not being on a PIP the members of the jury risk themselves being put on the PIP. And of course there's all sorts of problems with whether you're well-liked or not by people in the office for reasons not relevant to your work
You’re talking about Amazon like it is a small company. It isn’t. None of the scenarios you described are possible with Pivot, Amazon works hard to make sure the “jury” is impartial and has not been tampered with. Pivot adds an important check to the PIP process and I’m glad it exists.
Once the PIP starts, start asking coworkers you trust if they'll provide a reference and looking for a new gig. Your chances of coming back from a PIP are non-zero, but at the same time exceedingly low. You'll expend less effort moving to another gig with a chance you'll land with a better skilled manager (assuming your manager is the problem, and not you). You might even get a salary/comp bump out of the move.
This advice is more valid in our current, exceedingly tight, labor market and less so when unemployment goes up again (be prepared for a longer search, network more aggressively, and have a longer emergency fund runway).
I wouldn't b surprised if lots of people comes back from a PIP. But I would be surprised if my co-workers were bragging about that time they survived a PIP.
ie. it's likely we believe the odds to be low, because it's not something people talk about.
There really isn't much else to the story. I had been at the company longer than that manager, and the person who took over for him liked me.
I will also admit that the PIP did point out some attitude problems (I had been getting a bit surly), and so I did genuinely attempt to correct that. It's something I do struggle with at times.
"Relatively few people go from PIP back to a valued, productive employee."
I hear this often, but as a counterpoint, the last time i looked, at the companies i've worked, the PIP success rate was closer to 50%.
(and those that succeeded did not have meaningfully higher attrition rates, etc)
Like anything, i guess it depends on your company's real underlying goal.
IE if you really are trying to get people to perform better vs just trying to make a paper trail to get rid of them.
Maybe they are trying because they are widely known as being a horrible place to work. But man that sounds like Survivor and getting voted off the island... or Lord of the flies...
PIPs and firing are the path of least resistance for lazy managers.
From a Covey or Drucker style of leadership...
If the Manager interviewed and hired the Employee, then the default assumption is that the Manager failed to "lead" and train the Employee.
If the Manager inherited the Employee (via re-org) and is cleaning house, then that's a different circumstance. But still not an excuse for lazy leadership.
The "jury of their co-workers" is a scary farce that begins with the continuous 360 feedback that is built into their current employee performance model. I have read that this is integrated into the WorkDay HR software platform, which is used for timesheets and everything else.
You might have a disagreement with a co-worker, and next thing you know, you are getting live feedback, behind your back. And then after that... you are begging to not get fired. Someday, the jury and appeal process might get automated through WorkDay as well. Sounds fun!
I remember reading about this system in some business class. They're generally well-received by staff, prevent arbitrary termination, and give feedback to manager who may not know what the realities of the job are. Is Amazon's version of it any good? I don't know, but I do know there's literature on it. I can appreciate the cynicism of Amazon trying to manipulate things in their favor, but you're forgetting that this is a check on the authority of managers to empower workers. Without such a system the person would have just been fired and they would have had no recourse. It's like giving a homeless man a dollar and he goes "what, you can't spare 5?"
This is a really cool and refreshing idea on paper, but in reality it fails miserably. If one chooses the three nonmanager workers to be on the jury, they can lean towards the "support the working man" idealogy and strongly favor retaining worker jobs. On the other hand, managers might tend to favor corporate interests, and be more likely to reject appeals. The article mentioned that these employees who appeal can look at lists of potential jury people for them so they can select who would best sympathize with them. Employees literally get to select which bias' they want in their jury lineup.
Not to mention the vast resource cost of these programs. Amazon has hundreds of thousands of employees, what if every single employee that was set to be fired made an appeal? How many thousands of man hours would that chew up?
Lastly, and probably the most important is that lasting tension with boss figures. If an employee challenges a boss and they win, that boss is going to forever have a grudge against them. I'd think that could be fixed by if you win an appeal, you are automatically transferred under a new boss that isn't allowed to view your previous work history at the company.
Again this is good in theory, but changes would need to be made for this to be an effective system. Bravo on Amazon for installing this type of plan though. As much hate as Amazon gets for running what are basically sweat shops in their warehouses(I know, I've been in them, it's soul crushing), at least they are in some small part giving employees a voice. Then again, this could be a rigged system for all we know and it's just to save face.
> How many thousands of man hours would that chew up?
Given that replacing a developer could easily cost 50k or more, even if only 10% of the appeals were successful you'd still be looking at saving a huge amount of money.
This is a good way to keep people aware of the status quo and be controlled by seeing and participating in these things. To paraphase Agents of Shield "How do you keep such control over all of your slaves?" "He has them kill each other, that's what I'd do."
Seriously fuck this stupid shit. When I was there this fucker in India bribed my manager for a ticket to the US on L1 Visa as our new manager. Once there his only goal was to sell as many US-based jobs to Indians in India as possible. He kept telling me I had to set up meetings with India, set up one on ones with his buddy in India. Fuck that guy. Now there is no way in hell I would subject myself to a "jury" that had assholes like that on it. Sometimes you just have to realize your manager, your team, or your company are just unfixable shit and leave.
Seems like the process just adds politics where they aren't needed. It makes it harder to fire bad employees, and incentives bad employees to play politics on the way out.
If I worked for Amazon, I'd want no part in the process. Bad situations end best when everyone cuts their losses quickly.
In my experience, the best way to get rid of someone is to offer a generous severance period. In theory, the person can take a long vacation or get two paychecks for a few months.
I worked at Amazon developing various portions of the core software that drives their website. Code I wrote runs billions of times per day...
While there, I was told to do many things that I think are not a valuable use of my time. I pushed back on many, and attempted to keep productive. It was very frustrating and stressful.
Eventually the stress came to a head and I vehemently told my boss that I thought the task I was being told to do was idiotic. I requested to go home for the day sick for mental health reasons, as I was unable to cope with the stress that moment.
My boss refused to let me leave for the day and continued arguing with me. The discussion then obviously went too far and I said "I would like to kill [someone who is my friend at Amazon]." I meant it only as an expression of the intensity of how much I was upset. The friend I mention knows this also and would confirm this if asked. I was just freaked out and stressed beyond my capacity to deal.
My boss forced me to go back to work after this exchange. After 4 hours he then came and got me and took me to a meeting with HR and security. They accused me of threatening to kill my coworker ( which is a horrible misunderstanding ) I explained clearly that I meant no such thing, and pointed out that I asked to and needed to leave for mental health, and they didn't care.
They said I have to go home at that point and would be forbidden from returning to work for 2 weeks. This upset me further. I assumed I would never be returning and was being fired. I pleaded with them to just give me the day off as requested and they refused. They forced me to stay home for a week.
I went home and told my wife what happened. She had just passed the first trimester of her pregnancy. She saw the doctor about the pregnancy 2 days previous and the baby was perfectly healthy and there were no problems.
After learning what happened to me at work, she was so stressed over it that she started bleeding later that day. If I was fired at that moment I would lose my house and be homeless in Seattle; I didn't have the funds to endure that.
She had a miscarriage 2 days later as a result of the stress and worrying. She nearly bled to death. My child died because of Amazon's reckless disregard for mental health.
Amazon did allow me to return to work after a week. I went back to my job and had to continue working for the same manager responsible for my child dying for another 4 months.
During that time I told anyone who would listen at Amazon what happened.
Eventually HR approached me and told me I could not keep telling people and they would fire me if I do.
They gave me the following four choices:
1. Quit of my own accord and tell whomever I want ( no severance )
2. Continue talking about it at work and get fired
3. Stop talking about it and retain my job ( my performance was high and I had recent great reviews; they had no other issue with me )
4. Accept a severance of $30,000 and leave the company peaceably ( layoff )
I chose option 4 and started my own startup ( carbonstate.com ) I only had enough funds to run my startup for a year, and have not made any money on my product. I have since had to rejoin the industry to pay bills.
I don't really know how to put this lightly, but I think if you could find a way to shift your mentality you might find more success.
The facts:
- you resisted and refused to do many things asked of you by management, OK, but you can't expect that to go over well
- you asked to leave instead of dealing with a purely work dispute
- you mentioned your mental health and killing someone in the same day
- you returned to work and publicly blamed your manager for something incredibly horrific (the death of your child) that they likely didn't even cause (the link between stress and miscarriage is - at best - tenuous [1])
I'm sure you're not a bad person or anything along those lines, I just want to emphasize how a change in approach could likely improve your life. I was curious how you've handled other situations, and I saw in your comment history that you've been fired multiple times. I'd really recommend looking inward and not blaming others for everything.
I never refused to do anything of me; I carefully following the Amazon principles. I also worked closely with another senior mentor at Amazon. I talked with him weekly for months before and after the events mentioned to make sure I was doing what was asked of me as best as I could.
I agree that I cannot directly prove the causation. Both my wife and myself feel this is the cause and I think it is reasonable.
There are clear reasons for why people do as they do, and blaming oneself is not the proper solution. My general belief is that care must be taken to understand how to interact with people in a way that they understand, since accurate communication is not an easy task.
Ugh. I'm sympathetic to the stresses of your situation and subsequent loss (been through all of it), but it sounds like there are some things you need to make right with yourself.
You explicitly admitted mental health issues to your boss and threatened to kill someone at work. Regardless of context, just think about the implications of that a few times over in your head. Your manager's only fault in this was taking an entire 4 hours to get security involved.
Miscarriages happen, even in healthy circumstances. It just does. Pregnancy is a much more precarious process than popular culture makes it out to be, where women just sit around demanding ice chips and pickles at odd hours for nine months. There are still a lot of fatal conditions that can affect mother and/or child at any point in the process, even after birth.
The way I coped was by telling myself that if all it took was enough stress while still in the comforts of the womb, our child wasn't ready to survive the rigors of life outside of it. If not my boss, it would have been a random pathogen, allergen or schoolyard bully just the same.
I did not actually threaten anyone. I said that I feel like I want to kill the person. It is not the same... I did not communicate it to the person being talked about. I also in no way stated that I intended to, was planning on doing so etc. It was, agreeably, a stupid admission of how I felt, which can easily be misinterpreted.
It is similar to saying "hey I'd like to have sex with that hot actor". Saying that does not mean you will go rape the actor. It is just a feeling. Feelings don't equate to action.
I agree action had to be taken; I have no problem with them reacting. My problem is that I had to go to that level to be paid attention to. My stress was absurdly high before this happened, and I communicated it was repeatedly and received no help. When I finally said "I can't take it" I was ignored.
I agree it could have potentially happened without the stress. Despite that the stress definitely triggered whatever the cause was immediately. That was very clear. The doctors did though claim there were zero problems 2 days previous. Usually miscarriage does not occur past the first trimester when all other signs are good.
> I did not actually threaten anyone. I said that I feel like I want to kill the person. It is not the same... I did not communicate it to the person being talked about. I also in no way stated that I intended to, was planning on doing so etc. It was, agreeably, a stupid admission of how I felt, which can easily be misinterpreted.
This is part of the problem.
"I feel like I want to kill John" is absolutely, utterly, undeniably a threat. Management knowing/not knowing your relationship with John is irrelevant. Your claim is that "because I didn't say, 'with a gun, at lunch time' it's not a threat" isn't particularly proof to your point.
> It is similar to saying "hey I'd like to have sex with that hot actor". Saying that does not mean you will go rape the actor. It is just a feeling. Feelings don't equate to action.
Is not particularly equivalent. You changed the meaning from consent to non-consent in defending it - "have sex with" became "rape". If you had said "Hey, I feel like I want to rape that actor", it is not unrealistic to think that, should you have access to that person, that rape is out of the question. Just like you didn't say "Hey, I feel like I want to talk to John" (consensual) versus "I feel like I want to kill John".
I think your repeated inability to understand this is perhaps at the root, or a significant part, of the issue, and I say this sincerely. The lack of empathy you show to that situation, 'how ridiculous is it? they should have known I didn't feel like killing him', is troubling.
The entire argument happened in front of the larger team. The manager did not pull me aside to have the heated conversation. Many people witnessed it.
I talked to several of them about it afterwards. I asked if they felt that I was being threatening at all. All of them said they understood what I was going through, that it was clear I was extremely stressed and was flipping out. Each of the people I asked said they did not believe I had any intent to kill my coworker, or even that I said it as any sort of threat. In context it was heard as me simply losing control after saying I couldn't handle it and had to leave immediately.
Note that this is the only time in my career I ever actually asked to leave because I couldn't handle a situation. I only even asked because I was very worried I would be fired if I walked out on my own. I have walked out when necessary at others jobs and there was no issue, but that is not the way Amazon is. At least it was not that way on my team.
Typically if an argument at work appears, I would just continue hashing it out till its done and go back to work. This situation was unusual.
I don't doubt that you were entirely / too stressed at the time. But take it from others perspectives.
Do you think it possible that any of them may not have told you that they felt threatened, imminently or otherwise, even if they had?
Do you think it reasonable for management to take issue with such a thing?
In the opposite situation, what do you would think might happen to management, or the employer, _had_ you later assaulted that person?
Asking (telling) you to leave until the situation changes is the "safest" (even if it turns out to be un-necessary) approach.
I say this not to wish you ill. You seem like a sincere, passionate person. If anything, it seems that your biggest challenge might be processing other people's perceptions of situations. It's an important, though not always easy, skill to develop. I myself have had challenges with processing social cues, or determining what is appropriate or not.
I have thought about the whole thing a lot since it happened and considered it from many perspectives. I saw with my own eyes the process of my wife bleeding out. I have to live with that. Obviously I have thought about this.
Yes, I considered that someone in the group did feel very threatened and either didn't want to speak to me about it, or that one of the people I did speak to was scared to admit it. It's possible, but the people I spoke with seemed very genuine. If people took issue I believe it was a logical issue not a "I feel threatened" problem.
If management is going to have a cow about this, they really should step in a lot sooner and not have allowed it to get to this point. The whole problem is that management doesn't care enough to setup an environment where stuff like this can't happen.
I said this to HR and security, and I will repeat it: If I wanted to hurt someone as everyone is implying, I wouldn't have said anything about it and would have just done so. It's not logical. I was well aware people would flip out when I said it, and I wanted something to be done to resolve the situation. My statement was more a cry for help than anything.
If anyone actually legitimately thought there was any actual concern I would hurt the person, they shouldn't have allowed me back into the building at all for a long period. I was allowed back in a week later and easily had the access to hurt the person had I intended in any way to do so. I had and still have no such intent. I consider the person to be my friend.
Time does not remove the pain I feel. I will continue to feel it. My wish is for large companies to behave better and not force situations on employees that cause things like this to happen. Especially not to software engineers just trying to do our job.
I agree that the company and everyone involved is just trying to resolve the situation and follow policy. That is not enough. People need to have humanity and compassion. At no point did anyone apologize for the pain I went through. At no point did I receive a personal letter from Jeff Bezos that he was sad it happened. I don't think Jeff cares at all. I don't think the company cares.
Perhaps it is all my fault. I don't think so. I'm no dummy. A lot of things indicate the situation could have been avoided had many people involved acted differently. There is blame on all sides. I can own up to not being perfect. I made mistakes. I was terribly upset. I've grown from it. It still hurts though.
I don't think my problem is an inability to see other perspectives. I can readily see them and explain them. The problem is that with tons of people around no one ever actually tried to actually resolve any of the tension. I know it is yucky to get involved in tense situations, but just letting them grow beyond control is bad and hurts people.
> It is similar to saying "hey I'd like to have sex with that hot actor". Saying that does not mean you will go rape the actor. It is just a feeling. Feelings don't equate to action.
That's why I suggested you think about the implications a few times-- it wasn't the only thing you said in that context. Some random actor isn't within reach of your impulsivity, so there is less of a perceived threat.
The equivalent of what you said was "I am having trouble controlling my impulses. Hey I'd like to have sex with [female coworker]." Still not only inappropriate for work, but it changes the tune to one that might have come from the mouth of John Hinckley, Jr.
> I agree it could have potentially happened without the stress. Despite that the stress definitely triggered whatever the cause was immediately. That was very clear. The doctors did though claim there were zero problems 2 days previous. Usually miscarriage does not occur past the first trimester when all other signs are good.
I don't disagree that the stress was the catalyst, but don't read so much into the doctors' status reports. They're always going to be tempered because they don't want to be stressors themselves. You're latching on to that to continue blaming your boss.
Everything could have progressed fine until birth, where physical complications happen, tears occur, sepsis sets in and you lose wife and/or child. Or one/both contracts MRSA after a c-section. Or eclampsia. Or pneumonia. Or goes anaphylactic from dairy in the formula. I've witnessed them all. Thankfully everyone recovered, but it was still harrowing.
> Eventually the stress came to a head and I vehemently told my boss that I thought the task I was being told to do was idiotic. I requested to go home for the day sick for mental health reasons, as I was unable to cope with the stress that moment.
I've done this too. However, you have to be prepared to walk or be prepared to buckle down and do the work. At the end of the day, they are paying you to do what they want you to do.
> I said "I would like to kill [someone who is my friend at Amazon]."
Sure, maybe you said it in a moment of passion, but there is no way in hell they can just let that slide.
> During that time I told anyone who would listen at Amazon what happened.
Also, no chance in hell that a company is going to continue letting you do this, and in many cases you would be fired on the spot.
This is 100% on you, and sure, due to stress, but your story showed that Amazon was actually a lot more forgiving than many companies would be.
As stated, I did continue to work and do what I was asked despite the extreme stress. I did not walk out the door when refused to be allowed to leave for the day. I do agree that as an employee my job is to do what I am directed whether I like it or not.
I agree that they cannot let such a statement slide, and that is why I said it, because nothing else I said in the week before this was acted on. I was ignored in every other plea for some sort of intervention. My manager could, though, have simply asked me if I meant that and I would have explained that, no, I was just upset. We could have walked over to the person I was even referring to and worked it out immediately on the spot. I told him about when I came back to work and he was sad and had no hard feelings towards me.
I agree no company would allow it. They would look for a legal way to get rid of anyone saying such things. I told them as much. That said, listing that as the reason for termination is not legal. I did do my job in a professional sense. Freely sharing what I believe to people who listen is free speech. You cannot legally be fired for your opinions that do not affect your work; at least not as the listed reason.
I could have simply been terminated with no cause listed. That they did not due that is great; but it was not out of any caring for me. That is simply the way the company works; which I agree is a good thing.
The worst part is that my story is not unique. The level of stress and resulting poor mental health is, in my opinion, very high there. I don't think they are doing what is necessary to improve that. ( despite trying )
"That said, listing that as the reason for termination is not legal. I did do my job in a professional sense. Freely sharing what I believe to people who listen is free speech. You cannot legally be fired for your opinions that do not affect your work; at least not as the listed reason."
I'm generally on your side here, but that statement is absolute bullshit. Your employer also has the right of free association, and can choose to no longer associate with someone who states they wish they could commit violent acts against their coworkers, regardless of how serious those statements are.
I agree that an employer can fire anyone they choose, but if they do list a reason that reason has to be in a legal subset of possible reasons.
That is why most states are "at-will", meaning that they don't need to list any reason. I am not saying that they could not fire me; they certainly could have. They simply cannot list the reason officially as "because you told people about this event that happened and gave your opinion on it".
If they said "we believe the employee is violent and threatening" that would be a valid reason. I am not. I may get upset and stressed but I have never laid a hand on anyone in my life. There is no evidence to support the claim that I am violent, because it isn't true.
There are also more complex things going on here than just whether or not I can be fired and they can "get away with it". The real issue is that they don't want anyone to know what happened because it makes them look bad.
For that, it actually doesn't matter if I am a raving lunatic or not. The simple fact is they want to cover up the whole situation and make it go away. That is the worst part of all of it.
> Freely sharing what I believe to people who listen is free speech. You cannot legally be fired for your opinions that do not affect your work; at least not as the listed reason.
Your employer is not obligated to enable or allow you to be spending your work day complaining about them instead of working under the guise of "free speech".
As a full time employee I am not paid for hours worked, I am paid for the work performed; for results. As such, it is common and typical for employees like me to be allowed to engage in any number of "non work" activities to help maintain stress and keep productivity up.
That is something that has been true at nearly every company I have worked at. Amazon is not different in that regard, at least not on the teams I was involved with there.
There are a lot of social events at Amazon. I did not spend my work time approaching random people at their desks to mouth off to them. That would be weird and stupid. I simply shared it with people during social conversations at social events where we are encouraged to interact with others.
During social events, I am quite sure that free speech covers what I say.
While that is true, you will find that employers can, and do, fire employees for comments made, at work, or otherwise, that reflect poorly on the employer.
And in these cases, when challenged, they have been found to have the right to do so.
Free speech rights regard the ability of the government to restrict your speech, not your employer.
Free speech rights also do not come with "freedom from consequences of such speech".
This is a depressing post on multiple levels. I don't think it deserves downvotes, but maybe people are downvoting to help because it seems that you are violating option 4 by posting your story here. You might want to take the post down.
It's not always worth openly pushing back on job requests. It sounds like you are honest to the point of self-sabotage.
I think it is worth knowing and adds perspective to the article. The pivot process had just started when all this happened, and I was not offered pivot.
At Amazon it is encouraged to strive for the highest quality despite the tension created. I actually object to their suggested methods in that regard. I think it is better to have social cohesion both within and between teams, but that is not how you are trained at Amazon to deal with things.
I was encouraged to push back on things that I did not feel productive. It wasn't done out of a desire to rebel, but to do as was desired of me. My personal preference is to just do the best I can to keep stress down and accept things for the sake of happiness of everyone rather than make a big deal of anything.
This totally sounds like it can happen at Amazon. I worked at Amazon for sometime and for the first time in my life, I saw a grown up man crying because his manager was relentlessly shouting on him. I have never seen this level of heated arguments in a workplace.
Wow. That sucks. That manager sounds like a dill-hole.
We've had a tasks over the years that were lame/boring/whatever. My response to my developers is always the same, "Somebody has to do it. That somebody could be 'Jenkins'. I give you every Friday afternoon for L&D. Hint hint."
Also, actively refusing to do work that needs done isn't the best approach. Voice your opinion, then do the work. Repeat until your manager gets the hint. If he doesn't, find another job (because the manager isn't doing his job, and nobody should spend their career working for somebody not doing their job).
What about that manager "sounds like a dill-hole"?
Realize that we have one very biased viewpoint with some very broad claims that cannot be verified.
He "was told to do many things that [he thinks] was not a valuable use of [his] time". Not his call. He doesn't get to allocate his time to parts of the project he feels "deserves" his attention. In some regards, it feels a little arrogant.
And he pushes back on them. He _creates_ the very stress he is decrying here. His capacity to deal seems to be quite low.
And then he asked for a day, blew up, then got two weeks. He apparently was told he was going to be on leave for two weeks, but assumed he was being fired. And since, in his mind, he's always right, that's the mindset he went home with.
He blames his wife's miscarriage on his manager. Because "she was so stressed" over it. Let's ignore how this guy seems to turn everything into a life or death struggle. Stressing himself out so much at work that he gets a 2 week furlough, the stresses out so much during the furlough, that the shorten it to a week.
And despite claiming earlier that being fired at that moment would leave him homeless in the street, a mere 4 months later, he acquired enough capital that a $30k severance was enough of an addition so he could work his startup for a year. 4 months. From homeless to having a year's worth of backup.
And apparently was able to find a job. Which he probably could have done 16 months ago as well.
When someone's life is crisis after crisis and nothing ever seems to be their fault, you really have to wonder just how biased their views are.
I mean, he's down to essentially blaming not wanting to follow Amazon's style guidelines on causing his wife to miscarry. How about this? Don't want your code held up on styling complaints? Follow the fucking guidelines. Regardless if you like them or not. Those guidelines are for company-wide consistency, not anyone's personal preference. And if those guidelines are what he was complaining about, it's no wonder he's had 8 jobs in 17 years. He's so goddamn convinced that only he knows the one true color of the bike shed, that anyone who disagrees must be wrong.
And it doesn't matter just how good that person is at other things. If the minute you ask something of them that they disagree with, they shut down, you just can't work like that. Discussion is fine. Disagreement, to a degree, is fine. But when a decision is made, it needs to be executed.
Based on this account (and I agree it could be quite biased), the manager did a poor job of de-escalating the situation. I assume the OP had aired similar grievances previously, so the manager should have been prepared for this conversation.
Regardless, if an employee comes to me so stressed out they can’t work, and asks to take an afternoon, I’m sending them home. I might very well start the PPI process as they’re driving home, if I thought the situation was unrecoverable.
Having a hard time doing what? Not following the OTB style?
I think there should be some concern for a person's mental health. And sometimes I think people should be allowed to take a day off just because they can't mentally cope at work.
I don't think that every claim of such is valid. If someone comes up to me and says the government radio signals are causing his brain to fill up with wrongthink, he may be under "obvious stress", but it's a problem solely on his end. He doesn't need a mental health day, he needs a psychologist.
And that's an extreme example.
I mean, look at the guy, he took a two week furlough and found a way to make that stress him out. Everything stresses him out. You can't not stress him out.
I was given authority and encouraged to push back against people who are wasting company time. I made careful judgements and fought requests only when it made sense. Nearly all requested changes, even if they were ridiculous, if they had any value, I did. I know it could be construed from what little I've said that I am being arrogant and refusing to listen, that is not the case.
I requested style guidelines to be put in place and would be happy to follow them. Amazon does not have style guidelines for the code in place. It was and is legacy code with no documented styling. The style I used was a modern proper one. The style complaints were arbitrary and came from a junior engineer. They were not based on mature reasoning or proper practice.
I readily agree that I could have just said "I don't care" and lowered my stress level significantly. The stress was partially my own fault. I don't disagree with this. This is a big reason why I started my own company rather than immediately returning to another "corporate job". I needed to recover such that I can do my job without anything remotely like this happening.
Based on my past experiences, if you are forced to stay home at all, you are very likely getting fired. The reason I wasn't is less to do with them telling the truth, and more to do with the fact that the projects I was working on had high dollar value for them and they wanted me to keep working.
I started my company with around $35k on hand. I did not have any more money than that. My co-founder also contributed some of his money as well to cover expenses during the year. We lived frugally. There is no hidden saved up money here that I had to make it work. I am still broke to this moment because of this.
I have a lot of experience in the industry; it is not significantly hard to find a place that will hire me. Finding a job that is a good fit is more difficult.
Whatever guidelines I am presented with I follow.
It might serve you to consider that you don't have sufficient information to cast the sort of judgements you are on me.
Once again, you can say it's not the case all you want.
You control the entire story here. We only have the information you have provided in this post and only your post history to judge your character.
But I prefer to separate the facts of the matter from the opinions. You said the style complaints were arbitrary. Style is arbitrary. Arguing for "mature reasoning" or "proper practice" is subjective. As long as there isn't anything really out there, most styles are fairly reasonable.
But they let you go anyway afterwards. You're so convinced of your necessity, but ignore the very real fact that they existed before you were hired and continue to exist after you get fired.
I didn't want to make the assumption that that $30k was effectively your only money. But still, they would have offered you a severance 4 months ago had they planned on letting you go as well. What else changed in those 4 months?
Do you find it odd that for some reason you cannot fit in any job you take? I find it hard to believe that all 8 companies you've worked for have been that bad.
It might serve you to consider that we are hardly the best judge of our own character. We have a great ability to rationalize everything we do and no one thinks they are the villain. Remove your ego from your story and actually look at it objectively. Ignore how you felt, see what you've done. Would you hire that guy?
I didn't personally like the manager in question, but I do believe he was trying to do his job accurately. He attempted to follow the process of things as best he could. He simply did not understand me or attempt to be close to me in any way.
As a result of that, he was unable, I believe, to see the extreme stress I was under despite me telling him I was in the week leading up to what happened.
His huge mistake was to ignore my plea to take the day off to feel better and be able to handle the situation. Had he done so I believe everything that happened could have been avoided.
I do believe the manager is at fault and caused the situation by this, but I don't think it makes him a terrible person or anything. I respect him as trying to do his job.
Boring is not so much what was stressing me; the stress was due to silly things holding up the approval of code that saves the company tens of thousands of dollars per week. I had production ready code that was being delayed by styling complaints. ( white space on blank lines )
Code review that improves code I am all for. Code review that holds up valuable fixes for weeks for silly reasons is not good and makes me feel upset.
I did continue to do the work, and voice my complaints, it just eventually got to the point I couldn't handle the stress, so I talked to my manager to ask how to move forward. He did nothing to really relieve my stress and just ordered me to do it anyway ( which I did; even under all the stress )
> His huge mistake was to ignore my plea to take the day off to feel better and be able to handle the situation. Had he done so I believe everything that happened could have been avoided.
After reading your account, I agree completely. I spent nearly 6 years at Amazon, and I know how it can get.
> I did continue to do the work, and voice my complaints, it just eventually got to the point I couldn't handle the stress, so I talked to my manager to ask how to move forward. He did nothing to really relieve my stress and just ordered me to do it anyway ( which I did; even under all the stress )
This comment isn't aimed at you, but at anyone who may find themselves in similar circumstances: leave work immediately for the day. What would happen if you came down with food poisoning or started coughing uncontrollably? You'd leave without a second thought. Do so in this circumstance - send the "I'm not feeling well, heading home" email and get the fuck out of the situation that is causing the uncontrollable stress. Get some perspective and address the situation the next day.
Silo'd specialized software engineers often don't have the benefit of these relationships with other employees
Whether it is for nomination for employee of the month
or being acquitted in a workplace tribunal
the most introverted people have to go out of their way to let people know how productive and beneficial they've been, and that is a losing proposition
I was just reading about how horrible and exploitative Amazon is. How they deliberately hire the weak, the afraid, the vulnerable. I can understand the mindset that designs an employment and recruitment system with the purpose of being able to thoroughly abuse and exploit employees. Doesn't make it any less horrible. I no longer buy anything from Amazon. They're scum. I see well-paid employees expressing their conscience and saying they won't work on surveillance, or won't work on military projects. Where are the well-paid Amazon employees taking a stand against their own company's mistreatment of other employees? I wouldn't be surprised if we had some reading this very thread. Maybe they can tell us. I expect they just don't think about it. Take the money, try not to think about it.
From elsewhere:
Bezos defended Amazon in a fireside chat with Axel Springer CEO Mathias Döpfner on Tuesday evening, saying he was “very proud of our working conditions and I am very proud of our wages that we pay.”
He's proud of it. He's proud of the return to the workhouse. He's proud of rolling back workplace protections. He's proud of paying a pittance. He's proud of it all. Or is he oblivious?
Of course he's going to say he's proud of it; he's kinda obligated to. I'm willing to bet he neither knows what the day to day working conditions are, nor does he care.
It does remind me of an anecdote: Early in my career, I worked for Western Digital. They had a headquarters campus in a smaller city in Orange County. When I was there, they started growing. We didn't have the parking space, and people ended up having to park pretty far away up a hill. People were grumbling quite a bit about it, and it had a negative effect on morale to not be able to find a spot in the morning or coming back from lunch. At one of the quarterly "employees ask questions of the CEO" things, someone asked what was being done about the parking problem. The response, from the person who has a reserved parking space, came, "I wasn't aware there was a parking problem."
There's one source. Please don't buy if from Amazon. Read it, find more of your own sources, and if you disagree, please come back and we can have an adult discussion. Amazon warehouses are run like gulags. Need to go to the toilet? That's one demerit. Call in sick? One demerit. Be off sick without calling in? Three demerits. When you get to six you're fired. If I had an employer pull that on me, I'd walk on day one, and so would you. We're not weak. We're not vulnerable. They know who they need to recruit in order to do this.
They pick areas full of people desperate for work. They go to places where they know they will have an effectively endless supply of desperate, vulnerable, fearful people that they can pay a pittance to while they exploit them. It's their strategy. That's how you can exploit people and use them, and their actions are not accidental.
I upvoted you for engaging; what I have to say is very unpopular and most people just blank it and move on. Thank you.
Regardless of their abrasive rhetoric, the accusations against amazon are upsetting. Stories of people running around the shop floor to keep KPI's up, people peeing in bottle since bathroom breaks would reduce their pay. It's horrific, Amazon warehouses are terrible.
Amazon employees too many people to effectively hire based on a strategy of exploiting only the "desperate, vulnerable and fearful," unless that set includes literally anyone in the minimum wage bracket. And if they were as strict as you describe ("Need to go to the toilet? That's one demerit. Call in sick? One demerit. Be off sick without calling in? Three demerits. When you get to six you're fired.") most employees would be fired within a month.
Don't get me wrong - it's tedious, exploitative, exhausting work and I don't doubt any of the horror stories are true, but Amazon is also just a business like any other, and most of those stories are exceptions, not the rule. Amazon aren't drug dealers or vampires, they'll hire anyone who applies and passes a drug screen, and they'll work everyone as hard as they legally can. They're not as evil as you describe for the simple reason that being as evil as you describe would be bad business.
Most of what sucks about working in an Amazon warehouse is normal for a lot of low wage and blue collar work in the US. Just look into what long haul truckers have to do to make ends meet sometimes.
Amazon has the second highest employee turnover rate of the fortune 500 companies. They do fire more people (and drive people to quit) at a significantly higher rate. There are claims from former employees that they have a deliberate policy of firing people at eleven months, before they have to start providing medical insurance and paid holidays. That's legal, and horrible, and every time you or I buy from Amazon, we're saving a few pennies on the misery of those employees.
and they'll work everyone as hard as they legally can
They sure do. They take care (mostly) to stay on the side of legal. I'm not saying what they're doing is illegal (although some of their anti-union activities sure do come close!). Just grotesque and horrible.
Amazon employees too many people to effectively hire based on a strategy of exploiting only the "desperate, vulnerable and fearful,"
I disagree. They put their warehouses where there are large pools of desperate, vulnerable people. They do that because they want to employ those people. A great deal of effort is put into planning where to put those warehouses. They know what they're doing. They know that they're going to get employees who will put up with urinating in bottles because going to the toilet will get them fired. There's evidence that this is the case. You say it's not the case, but then what do you say about the evidence? Is that evidence manufactured? Are people doing it for the fun of urinating in bottles? If you're going to argue that it's not that strict, you need to deal with that evidence. There is a lot out there suggesting it's a horrible place to work, and workers saying it's worse than other warehouse jobs they've had (which would imply that your claim it's simply typically bad, as minimum wage jobs tend to be, isn't true).
Since the employee is being fired (deprived of something), they are "the accused" and "the burden of proof lies with the accuser". All the charges that are presented must be presented in such a way as to be challenged. Allowing the manager the last word -- and not allowing the employee to even be aware of what was said -- indicates that accusations are being made without being challenged.
The selection of jurors -- three non-managers or one manager -- seems strange in part because it recognizes a hierarchy of people and in part because it involves such a small number of people. The validity of a jury hinges in part on a certain notion of the equality of people -- we don't have juries of 12 ordinary people or 2 senators in the United States because we don't expect that senators are "more just" than ordinary people. It's hard to see why expecting managers to be "more just" is any more reasonable.