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Linux Business Mandriva The Almighty Buck Linux

Mandriva CEO: Employee Lawsuits Put Us Out of Business 422

Julie188 writes: As you probably heard by now, Linux company Mandriva has finally, officially gone out of business. The CEO has opened up, telling his side of the story. He blames employee lawsuits after a layoff in 2013, the French labor laws and the courts. "Those court decisions forced the company to announce bankruptcy," he said.
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Mandriva CEO: Employee Lawsuits Put Us Out of Business

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  • by Geoffrey.landis ( 926948 ) on Friday May 29, 2015 @06:02PM (#49802553) Homepage

    So, the CEO's side of the story is that it's all somebody else's fault.

    OK, that's not surprising. That's one side of the story. And, the other side says?

    • by gstoddart ( 321705 ) on Friday May 29, 2015 @06:14PM (#49802625) Homepage

      Yeah, no kidding ... failing company gets ordered to pay employees before the business folds and they get nothing is not something which evokes much sympathy.

      Because I can't tell you have many companies have folded, leaving the employees with nothing, but a CEO who has managed to come out of it quite well.

      Sorry, but you're the CEO ... which means the buck stops at you, not you get to skip off with your severance while everybody else gets screwed over.

      Mandriva SA went out of business following a few court decisions upon action of former employees, who had been dismissed as a part of the restructuring process in 2013. As the labour laws are very generous towards the employees in France, those court decisions forced the company to announce bankruptcy, as the cash available was not sufficient to cover the amounts due and the shareholders did not want to cover them.

      In other words, you were about to go out of business, and instead of leaving the employees with nothing they took what was theirs before you stiffed them and went under anyway.

      Sorry, but employers don't give a damn about us. I see no reason to give a damn about them ... and certainly not to the point of not getting paid so the business can fail anyway. Who the hell is going to do that for a company who laid them off?

      Sounds like he'd have happily left them with nothing if he'd had the chance. I can't see any reason why the former employees would have done anything but fight for their severance.

      • Re: (Score:3, Funny)

        by Anonymous Coward

        The buck does stop with the CEO. All of the bucks. Stop right in his bank account.

      • Re: (Score:2, Insightful)

        by Anonymous Coward

        Really? That's what you got out of the story? The ex-employees got paid, and in fact as CEO makes clear had the court allowed say 'installment payments' or 'deferred payments' rather than 'all the money right now' they may have been able to hang on, but no. These 'greedy ex-employees' wanted their money & 'be damned with who gets hurt'. Sales were up 40%, costs down 60%, they were effetively 'breaking even' under the current CEO who was clearly doing his best to save the company & the jobs of the re

        • by gstoddart ( 321705 ) on Friday May 29, 2015 @07:14PM (#49802903) Homepage

          The ex-employees got paid, and in fact as CEO makes clear had the court allowed say 'installment payments' or 'deferred payments' rather than 'all the money right now' they may have been able to hang on, but no.

          Or, they might have still failed, and the employees would have been left behind with nothing.

          These 'greedy ex-employees' wanted their money & 'be damned with who gets hurt'.

          Who gives a fuck? They've been laid off, they owe nothing to the company, and getting left holding bag isn't their problem.

          That doesn't change the fact the company was legally obligated to pay them.

          Your obvious belief that the company owes any single indivdiual employee anything

          First off, it's the fucking law that they have to pay severance. So, by law, they sure as hell do owe employees something ... your idiotic belief that workers should be grateful to a have a job and suck it up if they get fired is irrational libertarian drivel.

          as opposed to 'in the best interests of the company & as many employees as we can save' is telling.

          Are you actually giving me the "needs of the many" crap with regards to a fucking corporation? That employees should forego their severance from a failing company for the "greater good"? Because now you're talking bullshit out of both sides of your mouth.

          Why the fuck should any employee put the "best interests of the company & as many employees"? You think employees should give their employers one final act of altruism and sacrifice? For what? Shareholder fucking value?

          The corporation doesn't give a fuck about your welfare, they have no business expecting you to give a damn about theirs.

          Your selfish & its all about you.

          You're fucking right I am. I'm selfish in the exact same way the corporations are -- I'm here to look out for myself. The only difference is in civilized countries there are laws which say you have to give employees severance so that the greedy, selfish assholes who run corporations can't just shit on their employees for their own gain.

          Isn't "enlightened self interest" the whole fucking point of capitalism?

          Not bending over so the corporation which laid you off can skip out on paying you what they owe you in the hopes that they might come out of it ... that is completely irrational from the perspective of the ex-employees. and somehow says "for the greater good, we should all sacrifice ourselves in the name of corporate profits".

          Fuck that.

          • Re: (Score:2, Informative)

            by ranton ( 36917 )

            First off, it's the fucking law that they have to pay severance. So, by law, they sure as hell do owe employees something ... your idiotic belief that workers should be grateful to a have a job and suck it up if they get fired is irrational libertarian drivel.

            From what the article says, the CEO wasn't trying to get out of paying anything to the workers. The company was asking to be allowed to pay installments so they could avoid bankruptcy. The government either wasn't legally able to bend on this, or hoped investors would invest more money after they exhausted all other options. The investors decided not to put more money in, and the company filed for bankruptcy. So basically everyone loses, which sometimes happens in a game of chicken.

            This is what happens when

            • Re: (Score:2, Interesting)

              by Anonymous Coward

              The problem with deferred payments is that he was assuming the company would stay solvent to make those deferred payments out of future revenue. If they went BK, he's not going to make those payments. I doubt he'd be willing to post a bond for those deferred payments, nor would anyone insure him for it.

              And as for the reputedly punitive aspect of laying someone off in France: you knew that going in. The *wise* business plan is to put reserves aside to cover this eventuality. Or, you can *gamble* that you'

              • by ranton ( 36917 )

                Here in the more libertarian US, lots of employees have been hung out to dry when the employer goes BK.

                I assume employees are hung out to dry when their employer goes BK in France too. Unless the government pays them on behalf of the bankrupt company, or there are assets left over after creditors have been paid (which is very unlikely if the company went bankrupt).

            • Re: (Score:2, Informative)

              by Anonymous Coward

              Hold on a second. The employees were looking after their own best interests, the shareholders decided to bail instead of pay their debts, and you are saying it is the fault of employee protection laws. How absurd. Pay your debts or go under. That is true for every human being. It is true for every corporation too in a sane society.

              • by ranton ( 36917 )

                Hold on a second. The employees were looking after their own best interests, the shareholders decided to bail instead of pay their debts, and you are saying it is the fault of employee protection laws. How absurd. Pay your debts or go under. That is true for every human being. It is true for every corporation too in a sane society.

                If the company had these debts because of negotiations they made with the employees then I would blame the company's negotiators for the debts. If the company had these debts because of laws, then I would blame the laws for those debts, or perhaps the people who decided to start their company in France and/or not leave the country if these laws were enacted after it was founded.

                Regardless, the company would not be bankrupt if the country's laws didn't force them to pay employees who don't even work there an

              • by ChrisMaple ( 607946 ) on Friday May 29, 2015 @10:53PM (#49803575)

                the shareholders decided to bail instead of pay their debts

                What part of "limited liability" of the stockholders of publicly traded corporations do you not understand? Do you think it reasonable that you hand over to your stockbroker $1000 to buy shares of XYZ Corp., and 3 years later the sheriff is knocking at your door demanding $300,000 to pay XYZ's debt?

            • by thegarbz ( 1787294 ) on Saturday May 30, 2015 @02:33AM (#49803955)

              The company was asking to be allowed to pay installments so they could avoid bankruptcy.

              I have a question for you: The idea of instalments assumes the company has a growth prospect and the ability to survive. Companies with those prospects can get loans to get them through those tough moments.

              The fact that they didn't do this, or weren't able to do this, or weren't able to find some other investor to get them through this phase is more telling than any court decision. As an ex-employee there's no way in hell I'd be accepting "instalments" from a company that looks like it's about to go under.

            • From what the article says, the CEO wasn't trying to get out of paying anything to the workers. The company was asking to be allowed to pay installments so they could avoid bankruptcy.

              Let me translate that: the company was nearly broke and the employees were given the opportunity to become *investors* and potentially get their money in an installment plan assuming the company didn't go bankrupt before the installment plan was complete for presumably little to no return or take their owed severance.

              I can't believe that employees who were fired might not choose to invest in their former employer who just fired them... especially when they were fired because the business was already going d

        • by tompaulco ( 629533 ) on Friday May 29, 2015 @08:22PM (#49803163) Homepage Journal

          These 'greedy ex-employees' wanted their money & 'be damned with who gets hurt'.

          Excuse me? If someone performs services for an employer for an agreed amount, they are selfish for wanting the employer to pay them? Apparently the judge ordered it paid all at once. So they are selfish for wanting the employer to pay them the wages they were due months ago in a manner that the courts said must be done? How about the employer is selfish for not having paid them in the first place. Why blame the victim. The employer is the one that did not fulfill the contract. The employees deserve every penny they worked for. If the company's business model was dependent upon not paying its employees than it is not the employees that should take it on the chin. That is what the C level people get paid for. To take risk. The people working for a pittance shouldn't be the ones taking all the risk.

  • Labour laws (Score:5, Insightful)

    by phorm ( 591458 ) on Friday May 29, 2015 @06:06PM (#49802579) Journal

    Uh, so you got hit with penalties in court because "labour laws are very generous towards the employees in France", which really means "we weren't following the labour laws in the country in which we had an office and did business", and probably finally means "we tried to screw employees in a way that would have worked perfectly fine in North America or other countries but got called on it in France, which cost us a bundle" ...

    • by DRJlaw ( 946416 )

      And abusive troll moderation rears its ugly head.

      From TFA:

      That's because the laid-off workers sued the company and won just, he says, as Mandriva was breaking even. (The details of the suits, including names of employees involved, are confidential, he told us, and he declined to offer details.)

      So... not trolling at all.

    • Depends on your point of view... It could also mean "When the company began to run into problems from external sources the laws of the country we had set up in did not give us the flexibility we needed to continue trading and maintain at least some of the worker's jobs. Instead we were left with no good choices and an unavoidable end that had no jobs and no good results for anyone (other than they lawyers who as usual made a mint).

      • Re:Labour laws (Score:5, Insightful)

        by gstoddart ( 321705 ) on Friday May 29, 2015 @06:50PM (#49802795) Homepage

        When the company began to run into problems from external sources the laws of the country we had set up in did not give us the flexibility we needed to continue trading and maintain at least some of the worker's jobs.

        No, if you read TFA, it really comes down to the people they had "restructured" out of jobs found that the company lacked the liquidity to pay them their legally required severance, and a court agreed to pay them so they didn't become victims of a failing company trying to buy time.

        Sorry, but if you think the employees should roll over and get fucked and not get paid so that company can try to stay in business ... you're sadly mistaken.

        You may think it's perfectly reasonable to expect employees to get screwed over to keep the company going, but the rest of the world doesn't.

        These kinds of laws exist precisely so you can't just fire people for free. America may think at-will employment because it lets corporations be greedy douchebags -- but the rest of the world has pretty much figured out that screwing over the employees to benefit the corporation is a stupid fucking idea.

        Because they probably would have gone under anyway. Any employee who would voluntarily get screwed to keep the company going is an idiot. Because they sure as hell won't do it for you.

        Boo hoo. A corporation didn't get to leave its employees holding the bag.

        No sympathy whatsoever.

        • Re:Labour laws (Score:4, Interesting)

          by ranton ( 36917 ) on Friday May 29, 2015 @08:00PM (#49803075)

          Boo hoo. A corporation didn't get to leave its employees holding the bag.

          No sympathy whatsoever.

          The employees were left holding the bag anyway, since the company filed bankruptcy and won't be able to pay them. Literally no one won in this scenario. Probably the only people who won were the executives who can now get another CxO job at a company that can give bigger bonuses.

          • The employees were left holding the bag anyway, since the company filed bankruptcy and won't be able to pay them. Literally no one won in this scenario. Probably the only people who won were the executives who can now get another CxO job at a company that can give bigger bonuses.

            Typically the bankruptcy processes in many countries involve dissolving the company and paying out as many debtors as they can. The order typically goes: Legal obligations, contractual obligations, and investors. I.e. the Employees' severances get paid out first, the banks second, and the shareholders last.

    • Re:Labour laws (Score:5, Insightful)

      by rahvin112 ( 446269 ) on Friday May 29, 2015 @06:30PM (#49802713)

      Mandriva marketed their "Frenchness" pretty heavily. For the CEO to get up and lambast the same political system he was using as marketing to win business just means he's a dick and I hope some of the money those employee's got comes out of his own pocket.

    • Re:Labour laws (Score:4, Insightful)

      by Kozar_The_Malignant ( 738483 ) on Friday May 29, 2015 @07:13PM (#49802901)
      It's not like they were used to doing business in Kansas and moved to France for the atmosphere and got surprised by the laws. From the very start, they have been a French company, and all of the principals are French. They knew exactly what they were doing and what the labor laws were.
  • by vadim_t ( 324782 ) on Friday May 29, 2015 @06:09PM (#49802591) Homepage

    If that was it, they didn't have much left to live. Sure, if you ignore laws and costs, you can make a business profitable that otherwise wouldn't be, but you don't get to ignore what you owe.

    Now I'm not familiar with the laws in France, but in general I expect this was something like not paying a severance package, or not giving adequate advance notice. Those things are part of doing business and any employer should know about them. You can't just pretend they don't apply to your company.

    • Re: (Score:2, Informative)

      by Meshach ( 578918 )
      If you TRFA here is what happened:

      The company was having trouble in 2013 so it laid off some employees

      In 2014 the company started doing better

      The employees who were laid off in 2013 sued and won

      The cost of dealing with the lawsuit caused the company to again experience hardship. This time they closed there doors.

      So it had nothing to do with a severance package. When the company started doing better they were forced to compensate employees that were fired when the company was doing badly.

      • "So it had nothing to do with a severance package. When the company started doing better they were forced to compensate employees that were fired when the company was doing badly."

        Where does that come from? This claim(That they had to pay, because they did better) is not in the story. Or did I just miss it?

      • FTFY (Score:5, Informative)

        by jklovanc ( 1603149 ) on Friday May 29, 2015 @06:41PM (#49802751)

        The company was having trouble in 2013 so it laid off some employees without compensating them as required by French law

        Had they compensated the employees correctly there would have been no lawsuits and no judgement to pay.

        The employees who were laid off in 2013 sued and won

        Where is the evidence that the lawsuits were filed after 2014. If they were filed before 2014 the fact that the company did better in 2014 is irrelevant.

        Had the company had compensated the employees according to law it would not have had to pay lawyers and probably court costs and may have survived.

        • by lucm ( 889690 )

          Had the company had compensated the employees according to law it would not have had to pay lawyers and probably court costs and may have survived.

          It's not that simple. The "law" in this instance is very much subject to interpretation. It's like a divorce. There are parameters but who the fuck gets the kenny rogers record collection is not something that is clearly stated in the law, there are arguments to be heard and if the two parties can't get to a compromise a judge will decide. Doesn't mean that the losing party broke the law - there's always at least one losing party in every lawsuit.

      • The employees who were laid off in 2013 sued and won

        I don't get it. what did they sue for? why did they win?

      • by vadim_t ( 324782 )

        The most likely reason why they got sued and lost is because they screwed up something related to the layoffs.

        My impression is that in Europe people are generally less litigious than in America, but the employment laws have big, sharp teeth and it's very unwise for employers to try to ignore them.

      • The article says that employees were let go due to falling revenue in 2013. In 2014 revenue rose and the former employees sued and won. The judgement forced the company into bankruptcy. The article says nothing about the laid off employees not getting paid.

      • So it had nothing to do with a severance package.

        and ..... why did they sue the company? it was because they were due severance by law and the company did not provide it. so yeah, it had everything to do with the severance package.

        When the company started doing better they were forced to compensate employees that were fired when the company was doing badly.

        yes, they were forced to adhere to the law. crazy huh?

  • If you don't treat your workers right, you deserve to be driven out of business.
    • If you don't treat your workers right, you deserve to be driven out of business.

      that's a super awesome point of view, except that when a company goes out of business then all the employees lose their jobs and have to compete for scarce jobs with other unemployed people. Is that a net win for the laid off employees or for society?

  • by Anonymous Coward on Friday May 29, 2015 @06:30PM (#49802711)

    There's a shocker! Here I thought he was going to blame his lack of foresight and his inability to appropriate and prioritize resources in the correct proportions to the respective aspects of his business representing "revenues" and "liabilities".

    I can picture it now: "Due to my inexperience with the legal environment of France, and as a consequence of lacking both humility, and respect/concern for the emotions/financial future of my employees: my mismanagement of Mandriva lead to betrayed expectations and violated commitments to such a grave extent that the company I was tasked with steering through troubled waters found itself embroiled in courtrooms, racked by legal expenses, and profoundly under-capitalized to endure or weather the extent of litigation that was invited by my perceived immunity to repercussions when using/abusing people and then throwing them away.

    If I could do things differently, I would have been less patronizing and smug and found a way to make these tough financial decisions less offensive and antagonizing to their victims. I would have used resources more conservatively, and planned for the future contingencies better such that I did not find myself belabored to achieve the necessary market penetration and corporate vision/monetization-strategy to support my ambitious hiring decisions in accumulating headcount. Further, I would have utilized contractors and temps to a greater extent during periods of extreme demand, and avoided salaried employees so I could reduce hours worked when times were slow."

    I know nothing about this guy or Mandriva, but based on his decision to blame-shift it sounds like a classic case of lack of planning coupled with big promises in exchange for sacrifice, followed by a hiring binge and subsequent layoffs/broken promises when the "ad hoc"/"make it up as I go" flying by the seat of the pants management style eventually came to a head. I say this having observed more than my share of shit heal executives building fiefdoms through nepotism, only to watch their house of cards collapse under it's own weight when profitability can no longer be delayed(I.E. change in the business cycle).

    • Re: (Score:2, Insightful)

      by Anonymous Coward

      If the company had record profits I bet he would be a lot more willing to claim responsability!

  • by Anonymous Coward on Friday May 29, 2015 @06:30PM (#49802715)

    Mandriva Driven from Market after Losing Lawsuits from Men Driven from Mandriva

  • by Bruce66423 ( 1678196 ) on Friday May 29, 2015 @06:44PM (#49802769)
    The fear of this sort of fiasco makes establishing the company in London instead far more attractive. So the French are ever more stripped of talent. As a Brit I am grateful to the French for sending us so many talented people, but for the folk in France this is BAD NEWS. And this sort of story will discourage risk taking there even more.
    • by ruir ( 2709173 )
      So having work laws is bad for business. How you mind leaving your linked.in profile for me to apply for your business?
    • by AK Marc ( 707885 )
      Free is a France startup that is doing really well. Others like OneAccess started in France in the boom, and are still around and growing.
    • by dskoll ( 99328 ) on Friday May 29, 2015 @08:21PM (#49803155) Homepage

      It's not just startups. Trying to do business in France is insane. The bureaucracy is nightmarish and I really suspect bidding processes are rigged. The labour laws are far too skewed towards workers and away from companies. I certainly don't believe in exploitation, but you need balance.

      I run a small software company with customers all over the world, including North America, Europe, Australia and South Africa. We do very well in Europe except in France; that's a desert for us. We've basically given up because it's just too difficult to do business there, and we're happy enough to work with more business-friendly countries like the UK, Netherlands, Sweden, Switzerland, etc.

    • The fear of this sort of fiasco makes establishing the company in London instead far more attractive. So the French are ever more stripped of talent. As a Brit I am grateful to the French for sending us so many talented people, but for the folk in France this is BAD NEWS. And this sort of story will discourage risk taking there even more.

      London! Ha! Open it in the U.S. Tell all your employees that you are paying them low now and can't pay them overtime but very soon now they will have ownership and bonuses and raises. Oh, and we need you to work every evening and weekend forever. Then, when you finally reach profitability due to the efforts of your employees, get rid of the ones that put the most work in.
      That's what my company did to me. They also made me sign a contract not to tell anybody about that in exchange for two months severance.

  • by hwstar ( 35834 ) on Friday May 29, 2015 @08:28PM (#49803189)

    This always ends badly for employees in the US.

    Companies in the US typically fold and stiff their employees because there are no strong laws which protect employees in this situation which have any teeth.

    In the US:

    1. There is employment at will. The CEO can dismiss staff with no recourse, provided all back pay is paid in a short time.
    2. Most states don't require vacation accruals be paid out. California is an exception here.
    3. Senior debt and taxes take precedence over paying employees, and there is a limit to how much back pay can be paid out (180 days or around $12,000 whichever is lower).
    4. Most employees are covered by predispute arbitration contracts preventing them from going to a jury trial. California may change this with AB 465
    5. State departments of labor are toothless and or afraid of going after businesses.
    6. There is no legal mandate to pay severance pay.

    French law is much more employee friendly. If a company is on its last legs, the employees should get the wages they worked for/

  • Re: (Score:2, Troll)

    Comment removed based on user account deletion
  • His bad faith is obvious. Many companies manage to do profitable business in France. Labor laws indeed protect workers, but this is just something you can live with and still succeed.

    Moreover, I could argue that protective labor laws can help increase workers productivity. When you do not have to wonder about securing your income for the next year, month or week, you may start focus on your job.

  • The subject of the lawsuit. Why did the layoffs sue? I read the article but that didn't make it clear.
  • by bhlowe ( 1803290 ) on Saturday May 30, 2015 @12:02AM (#49803725)
    Startups involving a free product, launched in a employer hostile (I mean, "employee friendly") and expensive country, and with no expectation of making any kind of profit (or return for shareholders) is probably near impossible. And yes, you can get sued by your employees even if you're following labor laws.
  • cry me a river (Score:5, Insightful)

    by Tom ( 822 ) on Saturday May 30, 2015 @01:36AM (#49803867) Homepage Journal

    I'm beginning to feel disgusted by these cry-baby CEOs and investors.

    Look, it's very simple: There are laws of physics. If your product cannot work with the set of laws of physics we have on this planet, then your product doesn't work, end of discussion. You can't cry over not being able to make the flying car of your dreams because gravity is so mean to you.

    There are also man-made laws. If your company cannot work with the set of laws valid in your country, then your company doesn't work, period. You can't cry over not being able to make a profit because they are so mean to you.

    It's really selfish, stupid and ignorant to enjoy the nice things that laws and regulations give you, like having a civilized country, safety, clean streets, heck streets at all, the ability to make contracts and enforce them (absolutely essential for every business!) and a thousand other things, and then cry that the evil laws make your business impossible. Quite the opposite, you imbecile! The laws make your business possible in the first place. Without them, you wouldn't have a business, and if you tried the first guy with a bigger club would take it away from you.

  • by ledow ( 319597 ) on Saturday May 30, 2015 @08:55AM (#49804611) Homepage

    If you employ people, pay them. They are your biggest expense, your biggest burden, the most important part of your business AND the source of ALL your income.

    That said, if you employ people, you know that the cost of employing them goes FAR beyond anything to do with their salary. That's half of it, if you're lucky. You have legal, financial, and other obligations that all cost to have taken care of when you have employees. Anything from severance pay, health-and-safety training, pensions, paperwork, legal work on their contract, compliance work, etc.

    That you didn't budget for that correctly, or failed to employ properly, is your own problem.

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