His behavior is not Apple-like.

he's manic depressive. And Bill Gates is a British Knight.

He's what? Well then, nevermind.

You think that maybe he would have had a clue something was up if he was a top exec and sent home from work on November 10th - and fired in January.

I don't know about you but if someone sent me home from work and I didn't show or was asked not to show up for two months, that pretty much says it all.

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fartheststar wrote:
You think that maybe he would have had a clue something was up if he was a top exec and sent home from work on November 10th - and fired in January.

I don't know about you but if someone sent me home from work and I didn't show or was asked not to show up for two months, that pretty much says it all.

If there's truth to the implications regarding his mental state at the time of his release the one glaring forth from the complaint itself will do), he could come out of this action virtually unemployable. And, if it can be documented that he became incapable of managing his interactions with others, such that normal operations were disrupted, the court may find no grounds for judging the termination wrongful. And he'd end up with nothing, including prospects.

That would be sad.

i've been there done that, apple is likely in the wrong here. they have internal political troubles with persons that perform too well in their positions, which can make management look weak. so, I'm with tim on this, good luck... get $250,000 then drop the suit.

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Guest wrote:
i've been there done that, apple is likely in the wrong here. they have internal political troubles with persons that perform too well in their positions, which can make management look weak. so, I'm with tim on this, good luck... get $250,000 then drop the suit.

I don't doubt that this guy was manic depressive... only a lunatic could oversee both of those projects, working under HUGE duress to meet Uncle Stevie's ridiculous time demands, work ethic, and quality expectations. Jobs probably got uncomfortable because sometimes genius hates company and so he very stupidly fired this guy. At least build a case against him, Apple, cuz guess what: now you'll have to pay for this guys hard work.

Apple seems to be full of brilliant chumps. Starting from the top down.

As much as I love Apple, we have to keep in mind that it's a huge corporation and anyone seasoned in corporate america knows that it's mostly headgames, literally. Since we weren't there, we don't know what happened but I hope that they can work it out sensibly as it's giving the company a black eye. Tim, if you happen to read this, may God be with you.

From cnet, "The former WebTV and Microsoft executive charges that he was terminated, in part, because of a perceived disability".

Part of the reason - what are the other reason(s)?

'perceived' implies that he actually doesn't have a disability but that some other failing may have been attributed to him being depressed.

Sounds like lawyer speak for, "we haven't a case here but we'll try to get some money for you. Introducing the word 'disability' with all it's connotations is unnecessarily emotive.

I can understand how being a former employee of the dark side he could be perceived as having a disability, maybe the MS corporate culture was so well ingrained that it proved more of a problem than amticipated.

The comments attributed to Jobs are the kind of thing one would say to someone who was feeling depressed etc to make them feel better. Note how this compares with what we usually hear, that Jobs is a tyrant who shouts at ineffective employees.

You are looking at it like a normal schlub. Executives have contracts. it's different for employment at will weenies like us. If we get sent home, it's done. Not for Bucher. He may be right in that Manic Depression is not cause for termination. That would be like firing someone because they are a cripple. Apple should know better, but the n again with Steve's ego, it wouldn't matter. He'd probably fire stephen hawking because he didn't like the color of his wheelchair.

IF TB has real problems, and IF he refused to do anything about it, Apple would have NO CHOICE but to dismiss him - ever worked in a situation where a key exec was simply out-of-control?

No?

I have. And this sounds like Apple trying to go easy on the guy yet still get him out of the way so business could go forward.

By taking it to court, and demanding compensation, he's making it impossible for Apple to help him save face, or help him deal with his problem. Sure, this *could* just be Steve the Power Asshole - but that's not consistent with the complaint itself!

Going by THE COMPLAINT, I fear this will go very badly for Mr. Bucher.

This man is caught in an incredibly difficult situation. He was praised for doing stellar work and then in almost the same breath fired. If the reason for his termination was bipolar disorder ( the clinical name for manic depression) then he was wrongfully terminated because it is obvious as a result of his high position and praise that it didn't prevent him from doing his work. Bipolar disorder is not usually a debilitating disorder, the stigma comes from those individuals in which it is flamboiantly disruptive.

If he does indeed have this disorder and in the course of the trial it is made common knowledge, the stigma would make it incredibly difficult to find employment of similar stature in the future. Every potential employer would be afraid of a heavy work load causing him to go postal, so I can understand attempting to hide whether or not he true has a mental disorder.

Corporate executives are still human beings with the same failings and predjudices that we all (including you) have.

That Apple gave him time, between sending him home and terminating his employment, for him to get help and work on resolving work related issues. Apple may have been advised by a doctor that professional help and a Rx for his condition might take care of things - they certainly gave him time to address the issue.

The problem Tim now faces is that he will force Apple to put the issues on the table in public documents and will have given away his right to privacy.

All in all it is a sad situation where a very bright person with (apparently) a problem that is solvable is lost to Apple and will have his personal problems exposed in public.

The man is caught in an incredibly difficult situation, sue for $10M or walk away empty handed.

There is no medical evidence presented that this guy is/was ill, the only 'evidence' so far presented is his recollection of comments made by other members of staff. The lawyer's comment 'perceived disability' strongly indicates Bucher DOES NOT have a disability.

Clearly there was a problem but we don't know what it was. Given the article

It appears the guy had (communication) problems
It appears colleagues advised he seek help (not just the HR guy escorting him off the premises)
It appears he did not seek help

The lawyers angle seems to be to confuse 'illness' and 'disability', somewhat akin to claiming temporary insanity when accused of a crime.

Bipolar disorder? - I think you caught the red herring.

Even if Tim Bucher won, there would not be many firms that are willing to employ him. Do you want your employee to sue you?

If that IS why Apple did it, there's no way Apple won't be utter toast in the upcoming lawsuit, and Tim Bucher's going to be much, much richer.

Legally, it's not permissible for an employer to fire an employee simply because his/her bipolar disorder (AKA, "manic-depression") somehow significantly impairs or otherwise interferes with his/her work performance or that of any of his/her co-workers, because bipolar disorder is a medically-treatable condition, like pneumonia, etc. Legally, Apple is therefore required to put those with a disabling treatable medical condition on a medical leave of absence until they have recovered their health, and then Apple is obliged by law to allow them to demonstrate their ability to adequately perform their jobs and return to them after successful therapy. If they cannot recover their capacity to do the job, they cannot be terminated, but instead must be put on another form of leave or retired, with full benefits, as long as they never refuse to comply with their treatments and other requirements legally put on them.

And, I haven't seen anything saying that he refused to see a psychologist PRIOR to his being fired. There's nothing in the article pertaining to whether he was told PRIOR to his termination to seek medical help for this, or about any refusal to do so PRIOR to his termination. Whether or not he did seek the psychological help Apple suggested he get after they had already notified him of his termination is, of course, irrelevant to the causes of his termination.

I can't believe Apple could be so stupid as to try to fire someone for "being a manic-depressive". There has just got to be a more justifiable cause for his termination than some sort of medical problem.

Obviously, something bad must have happened after Jobs reportedly told Bucher in early November, "You're not a failure" ... "Even God couldn't have done both of the jobs I pushed you to do.", but before Jobs told him two days later, "People sometimes think you are manic-depressive...I'm not sure what I am going to do, but I think I am going to have to ask you to leave the company." As noted, he was one of two executives that left Apple (abruptly?) around then and no reasons for the departure of either executive were given by Apple at the time - were they connected? We know Tim Cook had to cover for a guy who had been doing two jobs, while a replacement was urgently sought. Something unexpected seems to have happened suddenly that required a drastic purge near the top.

perhaps jobs is just an a-hole and didn't like someone coming into so much power/influence.

So I knew someone who had to work for Tim let's just say previously. And "Prick" does not even begin to describe the kind of tyrant he was. It was never a pleasant working environment by far. He got exactly what he deserved it's about time someone sent him where he belonged "Packing with nothing." He should just consider it payback for all the crap he dished out to so many people for way too long!
Good Move Apple!