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Former Naughty Dog employee says he was sexually harassed by a lead in late 2015

KORNdoggy

Member
I really don't get the ambiguity about who it is that did it. If your going to point fingers why not name and shame the person responsible? Being vague about it seems counter productive. Naming them could get them sacked right now.
 
Why is it easier for these companies to try and bury these problems, especially when it keeps coming up from the same people versus just actually taking out the problem? My god, every industry seems set on self destructing.
 

L Thammy

Member
I really don't get the ambiguity about who it is that did it. If your going to point fingers why not name and shame the person responsible? Being vague about it seems counter productive. Naming them could get them sacked right now.

I don't know if this has been brought up, but one thing worth considering is whether the victim or the perpetrator is the one who should get the focus.

It's entirely possible that David doesn't want to get the person fired. Maybe he was just telling the story to get it off his chest so he can feel that he can move past it, or to show encouragement to other people who have been afraid to tell their own stories.

If we focus entirely on what the best way is to get the bad guy, we may end up ignoring the person who was actually affected as a result.
 
It's the weekend, don't expect an official statement until at least Monday. Maybe today if there is a lot of pressure to do so.

Even if ND or Sony do put out a statement, you know what it’s going to be. “Mr. Ballard was let go because his position was no longer needed at the company.” There’s literally no way they release a statement supporting David’s claims, because that would be legal suicide. So if they do put out a statement, you’re going to have people attacking the victim. “See! Naughty Gods say it’s not true! You’re so full of shit!” Which will be extremely sad.
 
I don't know if this has been brought up, but one thing worth considering is whether the victim or the perpetrator is the one who should get the focus.

It's entirely possible that David doesn't want to get the person fired. Maybe he was just telling the story to get it off his chest so he can feel that he can move past it, or to show encouragement to other people who have been afraid to tell their own stories.

If we focus entirely on what the best way is to get the bad guy, we may end up ignoring the person who was actually affected as a result.

Imo you don't say what you said without naming names. You've already gone so far. Name the person. Because now the whole studio is getting a bad name as opposed to the guilty parties. There's plenty we don't know about what really happened, but the one thing we do know for certain is that there's no way the entire Naughty Dog deserves to have this hanging over them. Just seems to me like there are a few bad apples, and Sony themselves appear to have handled things really badly.
 

jnWake

Member
Maybe there's some bizarre gambling part of the brain that makes people always lean on the side of the least likely result. Is smugness the reward for betting on the metaphorical roulette zero?

It's not that. Blaming an innocent person guilty of something is a very undesirable scenario so it's not unsurprising that many people remain skeptical until proof appears or the accused confesses.

People literally siding with the accused and blaming the potential victim is another topic though that I don't really understand.
 

Famassu

Member
Imo you don't say what you said without naming names. You've already gone so far. Name the person. Because now the whole studio is getting a bad name as opposed to the guilty parties. There's plenty we don't know about what really happened, but the one thing we do know for certain is that there's no way the entire Naughty Dog deserves to have this hanging over them. Just seems to me like there are a few bad apples, and Sony themselves appear to have handled things really badly.
If Sony doesn't want "the whole studio to get a bad name" over this, then maybe fucking do things right this time.
 

VeeP

Member
Imo you don't say what you said without naming names. You've already gone so far. Name the person. Because now the whole studio is getting a bad name as opposed to the guilty parties. There's plenty we don't know about what really happened, but the one thing we do know for certain is that there's no way the entire Naughty Dog deserves to have this hanging over them. Just seems to me like there are a few bad apples, and Sony themselves appear to have handled things really badly.

The whole studio (meaning 100% of it's employees) shouldn't be getting a bad name. That's not his fault. If this is happening its the gamers fault for automatically giving the studio a bad name.

He said what he wanted to say for his reasons, I'm not him, I didn't go through what he did, so I won't judge him for not naming the person. Maybe getting it off his chest is his way of getting over it, maybe he felt ashamed and this was a way to get past that, maybe he just wanted to get moral support, maybe the bravery of all the females who came out at Weinstein gave him courage, I don't know.

But it shouldn't be his fault gamers are getting mad at the whole studio. The blame directly belongs to:

1.) The person who harassed him

2.) HR for firing him and trying to buy his silence

3.) Sony if they don't get involved/try to get to the bottom of this & change their company policies to prevent something happening again.
 

nekkid

It doesn't matter who we are, what matters is our plan.
Makes you wonder about other high profile departures from the studio.
 
Imo you don't say what you said without naming names. You've already gone so far. Name the person. Because now the whole studio is getting a bad name as opposed to the guilty parties. There's plenty we don't know about what really happened, but the one thing we do know for certain is that there's no way the entire Naughty Dog deserves to have this hanging over them. Just seems to me like there are a few bad apples, and Sony themselves appear to have handled things really badly.

The whole thing was handled extremely poorly by ND and Sony, so naming or not naming the person is irrelevant the moment they axed him. They fucked up, and they have to owe up to it. It's the only way to move forward IMO.
 

kliklik

Banned
In case anyone else is facing a similar situation (repeated, ongoing sexual harassment in the workplace) what you need to do is DOCUMENT.

• SAVE every text and email. Back them up. Forward them to a friend or another email account. Take screen grabs. Make sure that in these messages, you clearly indicate to the person that the attention is not wanted. Their persistence in the face of that will look very bad for them.

• If possible, the best thing is to make an audio recording of the harassment. On the recording, make sure you clearly tell the person that the attention isn't wanted, to desist from doing X, Y , and Z, and indicate that this isn't the first time you've told them that.

• If it is not possible to record them, then make sure to respond to verbal harassment with a formal email telling them that they need to stop. Always have it in writing - don't just tell them in person. Records that show an ongoing issue will lend weight to your statements. They will not be able to claim that you were receptive to the attention or that they didn't know you didn't want it, and a historical record will show that you're not just making it up out of the blue.

• Weigh your options. Do you think you'll actually get a good result from going to HR? Or would you perhaps get a better result from going to the boss of the harasser?

• Figure out what it is you want. You could try to get the person fired or demoted. Another possibility is to leverage this to get yourself transferred to a more desirable team/department/office to avoid having to deal with the person and any lengthy investigation, having to fight for yourself.

Cover your ass.

Hopefully, more information will come to light about this situation. We don't even know if the harasser was male or female. I'm not going to hold it against Naughty Dog because I'm not sure how aware they are of what happened (he went to Sony HR.)
 

Duderino

Member
Whatever catharsis he may hopefully find in this person being exposed isn't going to be immediate. It's going to be met with hostility and threats from the inevitable diehard fan base that will reject any notion of this company doing wrong by its employee, or worse, those that will mock him as being a male victim of sexual harassment. Not to mention how this may affect any hopes of this person finding work elsewhere.

That's why it's considered an act of courage for someone to come forward - because the power dynamics in cases like this are always at work against the accuser until they find support and hopefully others who can help.

What part do you think Twitter, as a platform to broadcast his statement to a wider audience, played in his decision making? I agree, it's a courageous thing for him to open up about, but publicizing it at this level, that's a step beyond seeking just personal closure. I can sympathize with what he potentially went through, but I have to put the Twitter hate he'll get into a separate category. Undeserved, but avoidable. Certainly wouldn't lump that online harassment in with whatever possibly happened in the workplace that we may or may not ever know the full facts of.
 

Beardy

Member
I really don't get the ambiguity about who it is that did it. If your going to point fingers why not name and shame the person responsible? Being vague about it seems counter productive. Naming them could get them sacked right now.

Because it's a very fine line between libel and actually being guilty. All we have so far is Ballard's words. If he were to name names without any evidence, he'd be subjugated to a quick lawsuit.
 

Famassu

Member
That's really bad, but I don't get why posting this on twitter instead of filing a law suit,
Well, first of all, he tried to do it the "proper paths" at first. He mistakenly thought HR was actually about, you know, the humans working at the company. Result: He got fired (EDIT: I'm sorry, "laid off"), probably went through some bad shit mentally and hasn't worked in 17 months. Secondly, victim said/accused harasser said cases too often don't lead to anything, especially if there's not too much in the way of actual evidence (emails, video and/or audio, witnesses). Even when true, the net result can be negative for the accuser.

Big companies tend to not hire "troublemakers", which include people who vocally go against shit like being harassed & people who sue companies that have wronged them. They'd rather have their workforce as sheepish as possible.
 

coughlanio

Member
In case anyone else is facing a similar situation (repeated, ongoing sexual harassment in the workplace) what you need to do is DOCUMENT.

• SAVE every text and email. Back them up. Forward them to a friend or another email account. Take screen grabs. Make sure that in these messages, you clearly indicate to the person that the attention is not wanted. Their persistence in the face of that will look very bad for them.

• If possible, the best thing is to make an audio recording of the harassment. On the recording, make sure you clearly tell the person that the attention isn't wanted, to desist from doing X, Y , and Z, and indicate that this isn't the first time you've told them that.

• If it is not possible to record them, then make sure to respond to verbal harassment with a formal email telling them that they need to stop. Always have it in writing - don't just tell them in person. Records that show an ongoing issue will lend weight to your statements. They will not be able to claim that you were receptive to the attention or that they didn't know you didn't want it, and a historical record will show that you're not just making it up out of the blue.

• Weigh your options. Do you think you'll actually get a good result from going to HR? Or would you perhaps get a better result from going to the boss of the harasser?

• Figure out what it is you want. You could try to get the person fired or demoted. Another possibility is to leverage this to get yourself transferred to a more desirable team/department/office to avoid having to deal with the person and any lengthy investigation, having to fight for yourself.

Cover your ass.

Hopefully, more information will come to light about this situation. We don't even know if the harasser was male or female. I'm not going to hold it against Naughty Dog because I'm not sure how aware they are of what happened (he went to Sony HR.)

Isn't it illegal in many jurisdictions to record someone without their prior consent?
 

Sjefen

Member
There is always two sides to a story, I personally think he should have sued Sony insted of going on Twitter. Or maybe he tried to sue, but there was no case so he went on Twitter to get his closure.
 

nekkid

It doesn't matter who we are, what matters is our plan.
Isn't it illegal in many jurisdictions to record someone without their prior consent?

It generally is. It’s an area you have to tread VERY carefully. If you choose to do that, then you offer it up to your legal council and let them choose the best course of action.
 

kliklik

Banned
Isn't it illegal in many jurisdictions to record someone without their prior consent?

Here in Canada, you can record conversations that you're a party to. You cannot record conversations of other people (like wiretapping). Essentially, only one party needs to consent to the recording, and that party can be you.

Not sure how it works in each state in the USA. I know that New York has the same law.

EDIT: looked it up. American Federal Law (18 U.S.C. 2511(2)(d)) is the same – one-party consent law. Only 11 states differ (I don't really understand how they can override Federal law but ok the USA is whack): California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. However, I think this might only apply in cases where there is a reasonable expectation of privacy. It may not be considered a private conversation in the workplace, because they ought to expect that someone would overhear. When in doubt, see a lawyer for a free consultation.
 

Robbok

Member
Well, first of all, he tried to do it the "proper paths" at first. He mistakenly thought HR was actually about, you know, the humans working at the company. Result: He got fired (EDIT: I'm sorry, "laid off"), probably went through some bad shit mentally and hasn't worked in 17 months. Secondly, victim said/accused harasser said cases too often don't lead to anything, especially if there's not too much in the way of actual evidence (emails, video and/or audio, witnesses). Even when true, the net result can be negative for the accuser.

Big companies tend to not hire "troublemakers", which include people who vocally go against shit like being harassed & people who sue companies that have wronged them. They'd rather have their workforce as sheepish as possible.
Yeah I understand, but I think companies will see you as troublemaker after tweeting things as well. I would definitely file a lawsuit before I tweet about it. Just my opinion.
 

Famassu

Member
There is always two sides to a story, I personally think he should have sued Sony insted of going on Twitter. Or maybe he tried to sue, but there was no case so he went on Twitter to get his closure.
Well, yes. One side is of a man who was harassed and went to the HR department to report such harassment, got laid off & offered hush money, and seems like has been unable to find work for 17 months because the situation around him being laid off is a bit murky because he hasn't felt comfortable revealing the real reason for his firing. I mean being laid off.

The other side is the harasser in an important position in a company who harassed a person & was then protected by a big company's HR department that doesn't want the negative attention and only exists to protect the big company from lawsuits.

A tale as long as there have been big companies & any kind of sexual harassment laws & HR departments.

Yeah I understand, but I think companies will see you as troublemaker after tweeting things as well. I would definitely file a lawsuit before I tweet about it. Just my opinion.
Giving this the visibility Twitter/social media allows puts the ball in Sony's court. They either investigate & own up to it if they find something, or they go through a media tornado that shows them in a bad light if they are seen as not reacting to this seriously enough.

It's not easy going against a global company like Sony.
 
There is always two sides to a story, I personally think he should have sued Sony insted of going on Twitter. Or maybe he tried to sue, but there was no case so he went on Twitter to get his closure.

Or as I mentioned earlier, the $20k was a way for a major corporation to keep a person from walking around shouting such claims without proof. If he took the $20,000 to not say another word about it and Sony HR investigated it and proved he was lying, it would be unbelievable trouble for him (and I imagine that he either knew that or was told that). This guy could also be taking the frenzy in the news currently and it triggered something in him to get back at the studio for letting him go and has an axe to grind. I don’t know if saying such things in such a public space knowing you’ll be certain to rile up people who do not go through the correct processes of investigating is the healthiest way to do this sort of thing.
 

KonradLaw

Member
Disgusting. The advantage of working for big corp should be this kind of shit not happening. What is the point of HR if it can't handle this tupe of situations?
 

GHG

Gold Member
Yeah I understand, but I think companies will see you as troublemaker after tweeting things as well. I would definitely file a lawsuit before I tweet about it. Just my opinion.

No lawyer whould advise/allow someone to tweet this sort of thing if there is a case pending. I doubt it's going to be taken any further it. It looks like he simply wanted to get it off his chest.
 
I feel like a need a extended break from the real world.

I don't even doubt his story. I'm sure it is real.

But it would be nice to hear not EVERYONE in the world of Hollywood, and by extension is a total perv out of their mind. That there's at least a few half decent human begins out there. I mean, when even the POTUS was caught on recorded audio as saying he "grab them by the pussy," you start to loose a little hope in humanity.
 

Bishop89

Member
I feel like a need a extended break from the real world.

I don't even doubt her story. I'm sure it is real.

But it would be nice to hear not EVERYONE in the world of Hollywood, and by extension is a total perv out of their mind. That there's at least a few half decent human begins out there. I mean, when even the POTUS was caught on recorded audio as saying he "grab them by the pussy," you start to loose a little hope in humanity.

not that it makes a difference, but its a guy, not a woman
 

GHG

Gold Member
Disgusting. The advantage of working for big corp should be this kind of shit not happening. What is the point of HR if it can't handle this tupe of situations?

You'd be surprised at the sort of shit that goes on. I was shocked at some of the stuff that happened without anyone batting an eyelid while working in HR at an American Fortune 500 company a couple of years ago. Complete opposite of what my experience was while working with/for European companies.

American HR policy is not about protecting the employees, it's about protecting the company and long term management. At least from my experience anyway.
 

PayaV87

Member
I sincerely hope that he can be better by saying these things, coming out, and not concealing. I don’t wish anyone to have a job where he or she is sexually harassed. I hope all these scumbags can vanish from the face of the earth soon enough.

I lead a team of 8 women, and i very careful to never do anything, that they might feel unwanted, which is a very different from leading a technical support of 8 guys before.

But, I’d like to point out the fact, that sexaul assault was used before as a false accusation to gain some type of advantage in life. I’m not saying that any of the recent events are that, but some place, some time, somebody will take advantage of the recent events and we have to extra careful to not condemn anyone prematurely.
 
not that it makes a difference, but its a guy, not a woman
Honest misread.

My mistake TBH.

Either way, you are right. DISGUSTING either way.

And either way... I just wish this BS would stop.

IDK.

I'm just... sick of it. Too much of this BS lately.

I'm looking for some decent human begins, regardless of their gender.
 

Lightning

Banned
You'd be surprised at the sort of shit that goes on. I was shocked at some of the stuff that happened without anyone batting an eyelid while working in HR at an American Fortune 500 company a couple of years ago. Complete opposite of what my experience was while working with/for European companies.

American HR policy is not about protecting the employees, it's about protecting the company and long term management. At least from my experience anyway.
From my experience here, I'm in NZ, hr are more about making sure what the company does in terms of discipline is legal so that the company doesn't get taken to the employment courts etc for managers that abuse their power. They usually don't offer much to the employee that the law doesn't force them to offer.
 

danthefan

Member
Isn't it illegal in many jurisdictions to record someone without their prior consent?

It generally is. It’s an area you have to tread VERY carefully. If you choose to do that, then you offer it up to your legal council and let them choose the best course of action.

Maybe it changes state by state but I bet you'll find a lot of them have one party consent, ie you can record a conversation you're involved in without telling the other person. So you could bring a recorder to a meeting with your boss about the harassment but you couldn't leave it in their office to see what was said next.
 

nekkid

It doesn't matter who we are, what matters is our plan.
Maybe it changes state by state but I bet you'll find a lot of them have one party consent, ie you can record a conversation you're involved in without telling the other person. So you could bring a recorder to a meeting with your boss about the harassment but you couldn't leave it in their office to see what was said next.

That’s probably a contravention to your status of employment, and in the case of someone like ND I imagine it would still invite legal action due to any NDAs you would need to have signed.
 

kliklik

Banned
Maybe it changes state by state but I bet you'll find a lot of them have one party consent, ie you can record a conversation you're involved in without telling the other person. So you could bring a recorder to a meeting with your boss about the harassment but you couldn't leave it in their office to see what was said next.

I previously added to my post above:

American Federal Law (18 U.S.C. 2511(2)(d)) is the same – one-party consent law. Only 11 states differ (I don't really understand how they can override Federal law but ok the USA is whack): California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington. However, I think this might only apply in cases where there is a reasonable expectation of privacy. It may not be considered a private conversation in the workplace, because they ought to expect that someone would overhear. When in doubt, see a lawyer for a free consultation.

And as I said before, one-party consent law applies throughout Canada.
 

Blyr

Banned
Damn, I was actually interested in TLOU 2 despite never playing the first bc I think Ellie is an interesting character.

So much for that.

I hope with this news getting out there, that lead who did the harassing gets fired, and Sony/ND realize that protecting abusers is not in fact in their best interest. I won't be purchasing any ND games and likely not any future Sony products until I hear that a change is being made for the better, not "business as usual".

I know I'm just a drop in a bucket and my money means nothing in the grand scheme of things, but fuck I don't want to continue supporting companies that let this shit happen casually. I know it happens everywhere, but fucking point it out to me and I'll stop supporting them too. Hell, if it means eventually I have to give up gaming as a hobby I'll do it, bc this shit legitimately disgusts me.

The harassment on it's own is bad enough as-is, but attempting to silence the victim and firing them on top of it is just salting the wound, and I can't in good conscience turn a blind eye to that and continue supporting companies with these practices.
 
Are there any publications talking about this yet? Will there ever be, or would they rather preserve their relationship with Sony over reporting actual news?

For so many publications touting their belief in social rights and moral justice, they sure seem mum about this.

And no, it most definitely isn't because they don't want to "jump to conclusions" or get sued.

Making the claim themselves would land them in legal trouble, sure; reporting that it is being claimed is another entirely. That's why we heard about Terry Crews' story beyond the confines of twitter even though he can't reveal specific names.

It sucks that these media outlets fancy themselves journalists when they won't inform the public on important matters. I'd be happy to be proven wrong if it turns out some publications are working on something...But I doubt it. Games news sites are just glorified PR departments that just regurgitate press releases and call it a day.


Man I'm so pissed about this. How is this any different than people in Hollywood staying quiet because they don't want to rock the damn boat?
 

nekkid

It doesn't matter who we are, what matters is our plan.
Are there any publications talking about this yet? Will there ever be, or would they rather preserve their relationship with Sony over reporting actual news?

For so many publications touting their belief in social rights and moral justice, they sure seem mum about this.

And no, it most definitely isn't because they don't want to "jump to conclusions" or get sued.

Making the claim themselves would land them in legal trouble, sure; reporting that it is being claimed is another entirely. That's why we heard about Terry Crews' story beyond the confines of twitter even though he can't reveal specific names.

It sucks that these media outlets fancy themselves journalists when they won't inform the public on important matters. I'd be happy to be proven wrong if it turns out some publications are working on something...But I doubt it. Games news sites are just glorified PR departments that just regurgitate press releases and call it a day.


Man I'm so pissed about this. How is this any different than people in Hollywood staying quiet because they don't want to rock the damn boat?

It only landed yesterday. Generally the reputable press don’t talk about something like this until there is undisputed evidence, or there are multiple sources.

It’ll happen - they’re probably working on it right now.
 
It only landed yesterday. Generally the reputable press don't talk about something like this until there is undisputed evidence, or there are multiple sources.

It'll happen - they're probably working on it right now.

I'd usually agree with you, but I can't tell you the amount of times publications (most notably in my eyes, Kotaku) rush to publish something the moment a story breaks, and mentions "so-and-so did not comment in time for publication" and then later edit in a reply after the fact. In my eyes, a scummy way to rush to the press without HAVING to wait for a response from all sides.

Not only that, but no other industry would wait on something as important as this. This is definitely a big story; it goes beyond the ultimately little importance about a hobby, an entertainment medium, and discusses something important and relevant to everyone.

I sure hope you're right though, and I'm just being a jaded little ass, but I don't remember the last time a gaming publication ever did a journalists' due diligence. Hope this time will be a first, I'll gladly eat my words.
 

Morrigan Stark

Arrogant Smirk
I love how someone accuses someone vaguely without naming a name and showing any proof and everyone has their pitchforks out.
I know you're banned but it's incredible how you failed to see the contradiction here.

The person wasn't named, so by definition there can't be "pitchforks" because... there's no one to throw those pitchforks at.

Jesus, enough with the concern trolling drivel already.
 
As horrible as this wall of silence is... I do have to wonder: After how the industry 'reacted' to GG, is anyone surprised about this situation.

I'm just frustrated all around by this.
 

nekkid

It doesn't matter who we are, what matters is our plan.
I'd usually agree with you, but I can't tell you the amount of times publications (most notably in my eyes, Kotaku) rush to publish something the moment a story breaks, and mentions "so-and-so did not comment in time for publication" and then later edit in a reply after the fact. In my eyes, a scummy way to rush to the press without HAVING to wait for a response from all sides.

Not only that, but no other industry would wait on something as important as this. This is definitely a big story; it goes beyond the ultimately little importance about a hobby, an entertainment medium, and discusses something important and relevant to everyone.

I sure hope you're right though, and I'm just being a jaded little ass, but I don't remember the last time a gaming publication ever did a journalists' due diligence. Hope this time will be a first, I'll gladly eat my words.

Kotaku is slightly different in that Kinja is openly a series of opinion blogs. So while others will do the relevant investigation, they can be more reactionary.

But it’s a good point - if this hadn’t been a highly-regarded gaming company, they’d probably have commented already.


Yes, it does. The more pertinent question is why it doesn’t make you question it.
 

Sjefen

Member
Or as I mentioned earlier, the $20k was a way for a major corporation to keep a person from walking around shouting such claims without proof. If he took the $20,000 to not say another word about it and Sony HR investigated it and proved he was lying, it would be unbelievable trouble for him (and I imagine that he either knew that or was told that). This guy could also be taking the frenzy in the news currently and it triggered something in him to get back at the studio for letting him go and has an axe to grind. I don’t know if saying such things in such a public space knowing you’ll be certain to rile up people who do not go through the correct processes of investigating is the healthiest way to do this sort of thing.

So basically we all speculating, and thats fine because we only heard from him. Sexual harrassment must be very difficult to prove unless you have some evidence and I would think it would be even worse for a man.
 

Lakitu

st5fu
He is still out of work too? Poor guy. I hope he finds a decent studio and can continue his work and this situation gets resolved. It's pretty surreal how common sexual assault is and that's very bad.
 
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