On Oct 25, 2007, at 6:29 PM, Gerhard Adam wrote:
Where do these scenarios get dreamed up? If you have a services
issue, then
you can always fire someone if they aren't living up to the terms
(or your
perception) of an agreement. If you're wrong, then a lawsuit by
the other
party may help clear things up.
If you suspect something criminal, by all means you can see if a
District
Attorney is willing to go for it, otherwise you can pursue a civil
suit.
The rest is simply nonsense. Firing someone for a mistake is silly.
Despite the melodramatic points raised, even when someone is
KILLED, the
individual responsible may be liable, but unless negligence or
criminal
intent can be proven its highly unlikely that they will be fired.
In fact,
from the legal perspective the individual making the mistake may
not even be
considered responsible if they can prove that they weren't adequately
trained for the responsibility given to them.
Adam
Adam:
I am not sure I agree with you (all the time). Most companies that I
have seen have fired individuals for mistakes. It comes down, IMO the
seriousness of the mistake. In a typical data center it is unlikely
that it would cause a death but in a Hospital setting it is possible
for that to happen. In the other extreme I have seen people save
their jobs because of stupidity . A manager deleted dd statements out
of a proc because not enough tape drives weren't available, if that
wasn't bad enough it was a permanent change so backups of system
volumes stopped happening for over 2 years before it was discovered
that backups weren't being taken. Causing all sorts of chaos when the
drive(s) went south. He blamed it on operations for not noticing it
and got away with it.
As to liability of an operator I have never heard of an operator
being sued, maybe his/her boss but not an operator. After all
corporate pockets are a lot deeper than a typical operators. What is
the saying, you can't get blood from a turn-up. It may have happened
but it would have to be rare. Besides I would think that management
would rather have an operator as a scapegoat after all operators are
pretty much a dime a dozen. I would think that a person testing blood
would not have personal liability insurance but the company he/she
works for would have liability insurance. After all you go after the
entity with the deep pockets.
Ed
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