A former Apple employee filed a labor complaint against Epic Games

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Former Activision Blizzard and Apple employee Cher Scarlett has filed a labor complaint with the National Labor Relations Board against Epic Games, accusing the “Fortnite” developer of refusing to hire her because of her labor advocacy and union support.

In the complaint, Scarlett made several allegations, alleging that Epic refused to hire her because she supported a labor organization, worked with the NLRB and protested about working conditions.

Epic Games spokeswoman Elka Looks confirmed that Scarlett interviewed the company as one of two candidates for the position of Senior Front End Web Developer. She said the company was aware of Scarlett’s labor advocacy early in the hiring process and did not influence the decision.

This candidate’s resume and application included a link to their personal website. The website details their organizational activity, and this information was not taken into account in our decision to proceed with the interviews.

In an interview with The Washington Post, Scarlett claimed to have gone through four rounds of interviews with Epic between November and December 2021. According to emails shared with The Post, on December 8, Epic’s recruitment coordinator sent an email to Scarlett with an “request form” attached. Activity” which requests disclosure of “any efforts you make outside of work that may interfere with your potential role at Epic.” In the email, the recruiter wrote that the company “would like to get a head start on this process.”

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Scarlett filled out an activity application form on December 8, saying she was advising Apple members on a labor movement called “Apple Together” and testifying before the federal government for fair labor practices, according to the form, which was submitted to The Post. Two days later, Epic told her they had decided to go with another candidate.

“We offered the position to someone else who scored higher in their interviews,” Lux said. “We received [Scarlett’s] The Request for External Activities form after we have already made the hiring decision for the position and have made an offer to someone else. The model played no role in our decision. Candidates are required to fill out an external activity form over the course of the hiring process, and submitting the form to the candidate is not confirmation that an offer is imminent.”

At the time of publication, Epic Games has neither received nor reviewed the complaint. The NLRB office is currently investigating the business complaint, and if it finds sufficient evidence, it will issue a complaint against Epic.

Scarlett, now a chief software engineer at ControlZee and working on a game called “dot big bang,” told The Post she was “still saddened by how naive it is.” [she] It is the belief that this company was on the side of the workers.”

“There is no other explanation, except for the fact that I wrote those things…but I was trying to be honest, you know?” Scarlett said. “This was such a great match that I gave up on other prospects and now I don’t really trust the industry in general and feel that my voice, along with the voices of others in the workplace, is seen as a responsibility, not an important part of creating great workplaces.”

Scarlett also has an NLRB charge, filed on February 9, 2022, against Mozilla, similarly accusing the tech company of “refusing to hire her” because of her labor advocacy. It also has three charges open against Apple, accusing the iPhone creator of halting attempts to collect wage data, retaliating against workers and creating a hostile work environment that forced it to leave in November 2021. NLRB is investigating Mozilla, Epic, and Apple charges. Apple and Mozilla did not respond to requests for comment.

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An employer violates the Labor Disorganization Act [National Labor Relations Act] “If there is discrimination against job applicants because of their union activities,” said Risa Lieberwitz, professor of labor and employment law at Cornell University, Risa Lieberwitz. “The evidence that the applicant underwent a round of interviews, but then the employer hired someone else after learning of union activity, raises the question whether the employer’s refusal to hire her was motivated by her union activity. But it will rely on all the evidence.”

Lieberwitz noted that Epic’s questions to applicants about their outside activities “really raise the question of whether the question is too broad a search for information that could include applicants’ association with work organizations.”

“The question of unfair labor practice is whether such a question of applicants interferes with the employee’s rights to engage in union or other coordinated work-related activity,” she said.

Scarlett previously gained media attention when she helped Apple workers come together to criticize the company, and to share her story of being sexually harassed during her tenure at Activision Blizzard from August 2015 to 2016. She has amassed more than 50,000 followers on Twitter, as she calls her out of workplace issues. , like the alleged wage gap at Starbucks, where it also operates. She cited legal issues between Epic and Apple as an initial indication that Epic might have been a good place to work after it had to leave Apple.

“[Epic doesn’t] “I really want someone like me too,” Scarlett said. “Like, I whistled on a blizzard. I mean, even though it’s been five years, and then Apple whistled too. It’s like what happens if there’s a problem?” Scarlett added that she first surfaced at both companies internally. “And you know, absolutely nothing happened.”

The NLRB has received a number of recent complaints regarding video game companies. Last week, Nintendo was accused of violating a worker’s legal right to form a union. The worker’s name is hidden in the complaint. Nintendo responded that it was not aware of any attempts to form a union and that the worker had been terminated for disclosing confidential information.

Last week, the NLRB swung in favor of employees at Raven Software, a subsidiary of Activision Blizzard, in a labor dispute against their employer.

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