It's not likely that any of these employees can reasonably claim a tort or breach of contract here. The company messed up, but luckily it's not illegal to disappoint your employees.
Not that I think Theranos should not face some consequences, I just think drawing the line would be highly fraught.
Well my reasoning was that Theranos' criminal fraud might taint a given employee's CV. It seems like prima facie it might be possible to argue that this translates into monetary damages.
If you hung around for too long at the place that might signal the capacity to put up with institutional corruption. It's a character trait viewed positively in some places.
It's your choice to continue working at the company during hints of fraud. Anyone concerned about it tainting their future should have left 6 months ago.
Thank god this is not possible. Every employee that joined a failed company would have the potential for litigation.
Also, I think the fundamental premise that working for a failed or even fraudulent company would taint your resume is false, unless you were at a level where you were responsible for some of those fraudulent decisions. If some company is looking for a lab tech they would be stupid to write someone off just because they worked for Theranos.
No, it's too bad it isn't possible. This isn't about a "failed company", this is about outright fraud. Having Theranos on your resume now is going to be a huge resume stain, and probably prevent you from getting any kind of decent job. It's completely normal for hiring managers to discriminate based on odd factors like this: what school you went to, what other companies you worked for, etc.
These employees absolutely should be able to sue for damages. They aren't responsible for their executives' fraudulent actions, but they're harmed by them.
> Having Theranos on your resume now is going to be a huge resume stain, and probably prevent you from getting any kind of decent job.
From my own history I've seen this to be false. I was previously at a place that had a lot of ex-Enron employees (after Enron imploded). I think most smart employers understand the vast majority of people at places like Enron or Theranos are not "tainted" by their employment and just had the misfortune of working for a company with ethically challenged management.
Not that I think Theranos should not face some consequences, I just think drawing the line would be highly fraught.