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  1. #1

    Default Can You Sue Your Employer for Using Buggy Software That Affects Compensation

    My question involves labor and employment law for the state of:

    Our company recently implemented software that has effected many in our company, I am a flight attendant and it was a software that should have traded trips for us kind of like a wait staff schedule, but due to flaws in the programming and glitches, the software has not been able to perform a particular action only making it work for a group of people within the company who are SENIOR.

    I received a confirmation of a flaw in the computer system due to an error on its part and messaged the company as well as the union and have not received a response or any retribution for the mess up caused by this new software the company has implemented, It does effect my pay and my life. This has been a nightmare and I am stressed as well as many others.

    I also read an article that my company is currently involved in a law suit against a company for faulty software that did not work, if this is in fact the same company who designed the software that is currently crashing and making my life a living hell, Can I file a civil suit against my company? can I file a grievance for loss wages?

    I know many others who are effected about 3,000 other employees besides myself.

    I am not sure where this thread would go and what title it would fall under but any help and advice it greatly appreciated!

  2. #2
    Join Date
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    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    Assuming that you are in the United States, you have no basis to sue your employer's software provider.

    If your employer is not providing you with benefits that you are due under your union contract, you should speak with your union rep.

    Can you sue your employer for using lousy software? No -- your complaint would not be about the software, but would be about whether or not you're receiving your full compensation. You may be able to make a wage complaint, depending upon the full facts, and you are entitled to your compensation as negotiated in your union contract; but as you're in a union, normally your union will take the lead with this type of issue.

    You did not follow the instruction to identify your state so we can't point you to state law or resources. If you're intent on bypassing your union, you should consider speaking to a plaintiff-side employment lawyer in your state.

  3. #3
    Join Date
    Feb 2008
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    1,172

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    how is it affecting your pay and your life? what action exactly is it not performing? If you are missing wages, file a wage claim with your state or the federal DOL. Or is it failing to schedule non-senior staff for shifts? Also agree with speaking with your union representative about the issues.

    however it sounds like the employer knows there is a problem -- generally this would not lead to any kind of extra payment to you unless it is wages owed that were not paid unless you are guaranteed something else under the CBA. Only your union and yourself know what that could be.

    I don't see any cause for civil action at this point.

  4. #4

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    the software is to implement a trip trade program that runs and trades trips with particular restrictions, The first night they launched it and I submitted a ballot I was awarded but due to an inept prorgram faulty code, the program did not award trip this accordingly. I get paid the trips I fly and that is how my money is determined, the trip was worth more and it was a miswward, in the past misawrds have been rectified with my receiving compensation for the trip and its $$$$ value, but the union has failed to respond as of now, so I am waiting to hear from them, but as to replying to what the company will do to rectify the situation will it be the same as before in our JCBA or is the JCBA agreement expired since we have a new system rather than the old.
    Also the company has failed to reply if the error has been fixed

    may I also say an admin corrected my title and I am not intending to sue the software developers but rather my company for using the software even though bugs have been reported and confirmed and they continue to run it thus violating my right with seniority

  5. #5
    Join Date
    Oct 2016
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    3,992

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    This is an issue that will need to be handled through your union.

  6. #6
    Join Date
    Feb 2008
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    1,172

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    agree this is a union issue -- and if others are having the same issue, I would suggest they also complain to the union.... The JCBA is going to depend on exactly how it is written - I doubt a specific software name is written in but suspect the details of your awards are.

    how long has it been since launch?

  7. #7

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    since July 21 2018 at noon it was launched and at the first run their were issues.

  8. #8
    Join Date
    Oct 2016
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    3,992

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    So five days. Two of which were the weekend.

    Again talk to your union.

  9. #9

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    if my union is unable to rectify the situation can I file with DOl, then if I can win that can I file a civil suit against my company?

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,390

    Default Re: Can You Sue a Company That Created Buggy Software Used by Your Employer

    I doubt very much if you can file a complaint with the state AND sue your employer.

    However, since you failed to provide us with your state as requested, we can't tell you what you can and can't do since it is state specific.

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