When I started calling out #Apple in 2021, tons of ex-coworkers contacted me saying some version of: Apple was a huge d*ck, they sued Apple, the #litigation was the worst thing in their entire life & they can't even talk about it. What I'm observing first hand, & can tell you...
One of the biggest issues is litigation "protective orders". Apple's favorite employment defense firm for decades admitted on record she uses them in "every case"
It's a new #NDA with even less rights then the first
2/x - In commercial lit, its expected to have some discovery docs that need to be kept #confidential & returned at the end, and if so the court may issue a sort of ad hoc NDA-type order about those records. In IP cases, may issue a "blanket" order on all docs
The "protective order" can apply to info learned during #discovery, not just docs. Its presented as a procedural tool that explains the process for disputing claims, but also includes a temporary gag order issued at the will of either side
3/x - In a dry IP case, this prob makes sense. You assume its all #confidential by default & people can't just sue a biz to learn their secrets & exploit that info. However, the #Constitution is very clear that logic is irrelevant in public policy cases like #labor disputes
When one side wants to conceal misconduct, they insist on these orders. Then a public policy lawyer fights it. The court has to hear full #FirstAmendment briefing & Judge can't ok an order w/out detailing why its justified.
4/x - In my case, a Judge admitted on record how the Northern District of California (full big biz) handled this. The Judges all "got together" & wrote a "Model Order" (with terms all favorable to biz interests so they don't fight it), & insist parties use it without any hearing or #FirstAmendment analysis
Last year I realized Apple owned the Court. The Court let Apple violate every rule w/out consequence, criticized me for violating rules that don't even exist, & then slapped a new NDA on me
5/x - I was fighting Apple's Protective Order as soon as I learned how they wanted to use it. Apple's lawyers told me they'd claim my #whistleblower disclosures & #labor complaints are confidential, gag me about it, & raise it all as a "discovery dispute" without evidence or trial
I told the Judge how Apple planned to use it (what Apple's doing now) & Judge said that's wrong, but then issued the Order anyways & abandoned me with Apple's rabid defense counsel
https://storage.courtlistener.com/recap/gov.uscourts.cand.417952/gov.uscourts.cand.417952.307.0.pdf
6/x - I was curious how Apple was silencing my ex-coworkers during litigation. I assumed #settlements, but this was still occurring after CCP § 1001. Maybe Apple gets these POs in "every case" & uses it as a legal basis to get a permanent gag order on the worker's complaints?
& coworkers said they couldn't tell me what Apple did to them
Right now, Apple's claiming I "leaked" by telling you what they did during litigation, in using that PO to gag me about my #complaints
https://x.com/ashleygjovik/status/2024305000189743571
X (formerly Twitter)
Ashley M. Gjøvik (@ashleygjovik) on XApple has now *emailed* a federal court demanding an urgent conference to have me sanctioned for posting on social media & my website about Apple's NLRA violations, directly citing my NLRB charges, & claiming again that my menstruation is somehow Apple's intellectual property.
@ashleygjovik@mastodon.social
7/x - Apple's modus operandi seems to be: get a Protective Order, use it to claim the employee's protected activity/traits & Apple's misconduct are all secret, raise the secrecy claim as vague discovery dispute, get uninvolved Judge to skim over brief letter, gag the worker, & pre-decide the case
Once Apple gets a discovery Judge to endorse its defense (ie, legitimizing its retaliation & harassment of the employee) now contingency plaintiff counsel wants to settle asap & gag order is permanent.
8/x - Apple says it fired me for complaining about Apple's "studies" on workers, then claimed anything related to Apple's "studies" is secret under #ProtectiveOrder, asked a discovery judge to issue a ruling that Apple's "studies" are secret & wants #gagorder on me about it all
During Summary Judgement in next 3mo, Apple'd say it fired me for complaining about studies & discovery judge decided its "studies" are secret, & its already now illegal for me to explain what Apple's "studies" even are
9/x - This is assumably why contingency counsel will issue their own gag orders to workers insisting they don't talk publicly. Lawyers know employer will claim the protected speech is misconduct & try to get the plaintiff-side sanctioned & predetermine the case
If worker's lawyer says don't talk about Apple's misconduct, & Apple's lawyers threaten sanctions & derailing case if lawyer fights back, you'll foreseeably end with worker completely gagged, & no public evidence of Apple's misconduct
10/x - I've objected that courts can't issue gag orders or ok #NDAs w/out a full evidentiary hearing, & laws like #NLRA & #SilencedNoMore prohibit courts from creating contracts that conceal labor & harassment disputes. The court acted like I was speaking a foreign language
So that's prob why big biz allowed STAND Act, Silenced No More, Speak Out Act get enacted
Employers like Apple knew they'd still use discovery "protective orders" for the same effect & also get a meta-NDA about the process
11/x - This gave me more context for my prior convos with lawyers in 2021. I repeatedly heard most plaintiff lawyers refuse to litigate against Apple at all (& now we see how Apple acts & theres zero ROI) & why ones who will insist on complete worker silence
So, my coworkers were treated like sh*t by Apple, struggled to find lawyers because they're terrified of Apple's lawyers, & if do get lawyer, the coworker is silenced & harassed, have their case pre-decided & can't tell anyone what happened
12/x - But most of this comes back to Apple's use of "Protective Orders," & the local court's systemic refusal to comply with the US & Cal Constitution, Federal Rules, & Supreme Court requirements for issuing these POs. That's a single pt of failure!
Thats why I filed a rulemaking petition to the #USCourts last month asking the Rules Committee to consider formally revising the Rules of Civil Procedure #FRCP to prohibit what Apple & the court are doing with these POs
https://www.uscourts.gov/forms-rules/records-rules-committees/suggestions/ashley-gjovik-26-cv-6
