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On Fri, Oct 7, 2016 at 11:07 AM, Nick Vinson <nvinson234@×××××.com> wrote: |
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> |
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> On 10/07/2016 08:00 AM, Kristian Fiskerstrand wrote: |
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>> On 10/07/2016 04:54 PM, Nick Vinson wrote: |
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>>> If the developer is really a problem, |
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>>> then ComRel will be given repeated chances to deal with the developer |
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>>> and eventually (well hopefully not eventually) the "due process" will be |
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>>> done correctly and the developer will be removed. |
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>> |
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>> Not necessarily, bringing back might on its own open up for especially |
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>> PR issues, but also potentially legal ones. So its not as simple as |
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> s |
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> Maybe, but I'd happily accept any bad PR that resulted in me choosing |
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> not to punish a dev because it was unclear that the dev deserved it. |
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Of course, but as far as I can tell nobody is being punished that |
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doesn't deserve it. Of course, I can only go by the appeals I've |
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seen. |
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> And as for the legal issues argument, if such a scenario was to occur, |
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> then I argue the dev should still be brought back (because again it's |
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> not immediately clear that the dismissal was proper) |
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No organization I'm aware of rehires or otherwise brings people back |
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into an organization solely because there is a dispute that they were |
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rightfully gotten rid of. In that case you still have the threat of |
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legal action due to allegations of improper dismissal, but you also |
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have the threat of legal action because of failure to moderate your |
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communications/etc. |
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I think another issue to keep in mind that people who are dismissed |
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from Gentoo have essentially zero recourse unless it was grounded in |
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something like discrimination on a protected class (and even then I'm |
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not sure exactly how the laws pertain, not that we would ever tolerate |
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such a thing). However, Gentoo can be sued for letting somebody use |
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our communications media to perform tortious activities. So, the |
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legal incentives are fairly different from what an employer might |
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face. |
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In any case, I fully support allowing the Trustees to ensure that our |
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policies are legally compliant. |
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-- |
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Rich |
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