The Sauber Van der Garde Dilemna

[Doc Austin]

I'de be a little less likely to hire VDG knowing he has such a crack legal team. I would also be a little less likely to buy a drive from Sauber knowing they might show me the door and make me sue them to get my money back. Of course, as long as you conduct a good faith kind of business, you minimize the chances of this kind of thing happening.

VDG is probably right that his F1 career is probably over. There are enough buy drivers out there that teams don't have to risk taking on one that already as this kind of record of litigation. VDG is not helping himself by running his mouth all over social media and trashing Sauber............

Sauber baffled by van der Garde's accusations

Come on Giedo. You almost doubled your money and here is your chance to walk away in a dignified manner. By trashing Sauber now, you are not making yourself look like a good hire. Winning nearly double your money in the courts proved you were right, and it would look a lot better if you let that talk for you instead of trying to start media mudfight.

[Nem14]

Do people really think Sauber, after demonstrating they are dis-honest and have no business ethics, will actually pay up the Million$ the court says Sauber now owe to Giedo?

Having a court say it has to be paid, doesn't automatically mean it will be paid.

[The Black Knight]

Though I speak from experience only in the US, in most of the modern world if a person gets screwed by an employer it's only because they allowed it. Employee rights are plentiful in the modern western world, and if people don't roll over, it's fairly hard for a company to really shaft someone.

In this case, most likely VDG would have been a contractor legally which is another whole set of rules. I hold contracts on a number of people that work for the company I'm employed by, and they can be terminated at will legally. We make it policy to treat them more like regular employees, but in the state I live a regular employee can be terminated at any time without cause. That may give the former employee rights to collect unemployment, etc but it's still legal.

If people want a 100% guarantee of steady income and no chance of losing a job, they should work for themselves and find out why at times people have to be let go. If business was that easy nobody would want to work for someone else and share the profits of their work. If a person went to jail every time they didn't perform for their income, the world would need many more jail cells. Both employees and contractors screw people on a regular basis, so there has to be protection for both sides of the relationship.


And being that the entire settlement took place out of the courts, I'd hardly say anyone got off by the skin of their teeth, was facing jail time, etc. Without knowing the details of the contract, nobody can really pass judgement other than the courts who deal with such contract, and I haven't seen any assets being seized, or arrests being made.

It depends on the pair of balls possessed by the employee. It's all well and good saying "if they allow it" but if an employee's contract is terminated and they take their former employer to court, then future employers may be less inclined to hire them if they see that this guy is willing to sue them should things to amiss somehow. So really it's an employers world. It's like VdG. Who in F1 is going to employ him now? It may be that someone will but I find it highly unlikely. The same goes for a regular employee.

So while, yes, if you are being screwed you have plenty of protection, it doesn't protect you against future employer's judgement on whether they want to employ you. This is why employers have the high ground because very few employees will challenge them as to do so could potentially jeopardize future opportunities.

[Doc Austin]

Do people really think Sauber, after demonstrating they are dis-honest and have no business ethics, will actually pay up the Million$ the court says Sauber now owe to Giedo?

It would be a good way to stay out of jail and keep their equipment from being seized.

Having a court say it has to be paid, doesn't automatically mean it will be paid.

The courts can't bleed a turnip, but they can lay down serious alternatives. In Australia those alternatives were serious enough to get Sauber to negotiate with VDG and find a solution. Now, negotiating time is over and it's pay up time. If that fails it will be consequence time.

[Nem14]

It would be a good way to stay out of jail and keep their equipment from being seized.

How far does the reach of the Australian court extend?

[Doc Austin]

How far does the reach of the Australian court extend?

Australia, is my guess. ..... the same Australia they go to next year for the Australian Grand Prix.

[CNR]

Australia, is my guess. ..... the same Australia they go to next year for the Australian Grand Prix.

equipment may be safe until next year
but Monisha Kaltenborn that is another story
Extradition law in Australia is the formal process by which a fugitive found outside a jurisdiction is surrendered to the jurisdiction where an alleged offence has taken place for trial or punishment, under Australian law. This may include a process done within the country or one between Australia and another country.
http://en.wikipedia.org/wiki/Extradi...w_in_Australia

[jens]

Do people really think Sauber, after demonstrating they are dis-honest and have no business ethics, will actually pay up the Million$ the court says Sauber now owe to Giedo?

Having a court say it has to be paid, doesn't automatically mean it will be paid.

Well... If they don't pay, depends how far are you prepared to go in seeking justice. For example Sauber's assets can be confiscated if they disobey the law.

[Doc Austin]

Fortunately, they settled it, so seizing cars or arresting people isn't going to happen unless Sauber doesn't pay up. They would be crazy to drag this out any longer. The negative press and reactions have already been way too bad. Sauber really need to put this away.

[BDunnell]

Fortunately, they settled it, so seizing cars or arresting people isn't going to happen unless Sauber doesn't pay up. They would be crazy to drag this out any longer. The negative press and reactions have already been way too bad.

I doubt that really matters much. Few outside the ranks of F1 enthusiasts will have the slightest idea of what's gone on. van der Garde has been treated extremely shabbily, but will it damage the team? I doubt it.