Something similar happened to me when I left Microsoft for Apple (I moved from the Visual Studio team to the Xcode team). MS spent six months trying to prove I'd taken "industry secrets" with me. I hadn't. The entire thing felt like a personal attack and was extremely stressful.
It sounds like, in this case, Apple has hard proof that documents were stolen.
This seems like an important post. It looks like these letters are occasionally used to as a tactic, and i can see how such a tactic can really scare employees in a country where legal bills can climb really fast.
> in a country where legal bills can climb really fast
Honest question: Are there countries where this is not the case? I'd be interested to read more about how that manage that. If it's some sort of "protecting the little guy"-type thing or a general suppression of legal costs. Or maybe I'm reading too much into your comment.
Regulated legal insurance market coupled with „looser pays all the costs“ system.
The insurance doesn’t mind fighting for you because they will get paid by the company making the frivolous suit. You don’t pay much, 10$/month.
Although in this particular case, you wouldn’t even need that, since either you took the documents and that is criminal fraud prosecuted by the state or you didn’t take the documents and then the company would be in hella trouble if they perjured themselves to the public prosecutor claiming you did.
In many countries, the loser pays all the legal bills.
So if you have been wrongly accused, that may cost you nothing.
It is more that labor protections in most of the industrialized world actually mean something, such that this sort of behavior is generally not even to be considered an option by an employer.
Yes, the US is actually unique in this position. It even has it's own name the "American Rule."
In every other country, the loser pays the winner's legal fees.
Doesn't that mean that if you have a slam dunk case you can get a super expensive lawyer just to run up costs as much as possible? Hell, could you ask your friend to be your legal representative and have him charge you a gorillion dollar in legal fees? Then when you win you split the loot?
Civilized countries regulate the rates that lawyers can charge for standard work. Also lawyers get only reimbursed for reasonable costs by the loser. Still expensive, but not absurdly so.
No because lawyer is a protected profession with regulated rates.
Unless your friend happens to actually be a legally licensed lawyer.
No. The fees must be objectively reasonable and usual and customary for the effort and level of skill required. To get fees, you must submit an itemized billing statement that gets picked apart by the other side.
It does, and it absolutely has a chilling effect in countries which don't do things this way.
Sue someone who can spend millions of pounds (for the sake of argument) on defence? Better be certain you can win... against someone who can spend millions of pounds, and probably went to the same public school as the judge.
In America, legal fees can be awarded as additional damages. We should do it more than we do. But given those two options? I'm on Team American Rule, 100%
You are making stuff up. You wont get paid arbitrary large fees, but the amount of fees usually paid for similar case.
Did Apple help defend you against those claims during the six months?
They did. That said, I don’t know how much “defending” they had to do given that I was never even told what, exactly, I was supposed to have stolen. But, like I said, it was both surprising and anxiety inducing.
> It sounds like, in this case, Apple has hard proof that documents were stolen.
Honestly, the proof is the least surprising part -- Apple's been paranoid about leaks for decades, even when the stakes have been lower.
> It sounds like, in this case, Apple has hard proof that documents were stolen.
I believe some articles mentioned about employees bragging to their former colleagues about accessing documents. Also I believe they lied to Apple about being employed elsewhere so they can continue using their access and hardware, etc.
If these are correct, the whole OpenAI playbook is very dirty, and I won't pity them a bit.
Apple also has server logs that track these former employees downloading confidential docs. It doesn't prove that they shared them over to OpenAI, but Apple has pretty solid proof that the former employees saved them without authorization.