Injured or “opportunistic”? Ashley Madison strikes back at ex-employee

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Yesterday HRM Online reported on a suit filed by Doriana Silva, who claimed creating thousands of fake profiles for Ashley Madison, the dating site for married people, caused her serious and permanent wrist damage.

Today the company has responded describing the suit as “frivolous” and claiming Silva is exaggerating her injuries.

“Ms. Silva’s allegations are without merit, and we consider this to be a frivolous claim brought by an opportunistic Plaintiff,” Ashley Madison’s parent company Avid Media wrote.

The statement said Silva worked for 91 days, complaining about the wrist pain one day after her probationary period ended.

“An independent insurance auditor failed to find her credible and as such refused her claim,” the statement said, adding that two medical professionals diagnosed Silva with a strain and prescribed rest. “Not until Ms. Silva travelled back to Brazil, did her medical diagnosis change.”

“Several good faith attempts to accommodate Ms. Silva’s alleged restrictions were rejected by her; Avid was then sued by Ms. Silva, with her extortionary demands escalating over time from $120,000 (USD) to $20 million,” the company said.

The company said photos from Silva’s social media showing her jet skiing and vacationing contradict her claim that the injury to her wrist is affecting how she can live her life.

Silva’s lawyer Paul Dollak said his client is “alarmed” that Ashley Madison accessed her Facebook account without her permission and after she stopped working for the company, adding that the photos “have nothing at all to do with her ability to keyboard or ongoing injuries.”

Ashley Madison refused to compensate Silva for her injuries, and she wasn’t eligible for workers’ compensation, so she had no other option but to sue, he claimed.

While compensation for personal injuries is usually calculated based on how much a person has suffered, Silva is seeking a share of the money earned through the profiles she created, Dollak has said.

  • Islandgirl on 2013-11-12 10:06:13 AM

    My biggest concern with fraudulent claims such as the one in this article is that some bleeding-heart arbitrator, labour lawyer or judge will find a way to make an award for this claim. I believe the courts should be awarding costs to employers when people are found to make fraudulent claims for sick compensation, disability or workers compensation.

  • Lissa O. on 2013-11-16 4:32:36 PM

    Wow..I don't know what's worse, a site that helps married people cheat or one of their employees suing after creating fake profiles for them.
    She probably won't succeed in her suit but claiming that the company does fake profiles is bad for the brand. From a business stand point, if she's lying they should sue her.

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