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I think people vastly overstate the amount of actual risk companies are taking when they engage is possibly illegal behavior, especially on this forum.

by nkrisc1 hours ago|

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Likely true, and I’m sure many companies go unpunished despite engaging in it, but that doesn’t make it a good idea, and probably the kind of thing that could ruin a small business if they did get caught up in it.

by voakbasda4 hours ago|

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Having been on the sidelines for spurious claims of this nature, these sorts of lawsuits are a huge risk: the cost of mounting a defense can easily bankrupt a small business, even if the claims turn out to be baseless.

Even in the case of complete innocence, it often becomes a he-said-she-said situation, and the outcome boils down to which side presents the best set of “facts”.

I use quotes there because my broader experience with the court system routinely shows that it does not need be burdened by the “truth” or “facts”. That is probably because the regular cast in those venues are literally trained and practiced liars.

by dmoy2 hours ago|

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I think it also depends on how big of a company. If someone (say perhaps, GP) mostly has experience in smaller companies, they might not have had the law of large numbers bring the lawsuit cudgel to bear on their company before.

But if you're at a large enough company, you're absolutely getting sued for this from time to time, so you'll have the "how to not get sued" training before you're allowed to interview.

(Edit: this isn't limited to interviews. There's many, many examples of things that large companies will not touch due to legal risk, that smaller companies will... either due to lack of knowledge on the legal risk (maybe no legal department even exists yet?) or intentionally as a gamble)