San Francisco Chronicle

Firm’s exec sued over harassment

- By Emily Chang

A former employee has sued Binary Capital, accusing the San Francisco venture capital firm of harassing and defaming her after she resigned. Her suit follows recent revelation­s that co-founder Justin Caldbeck made unwelcome sexual advances toward female startup founders.

Ann Lai, who was a principal at Binary until May 2016, said in a lawsuit filed in San Mateo County Superior Court that Caldbeck had texted her repeatedly after she left the firm, threatenin­g her not to dis-

parage or divulge informatio­n about the company. Binary’s employment agreement contains illegal provisions regarding confidenti­ality and non-disparagem­ent, according to the suit.

Caldbeck resigned from Binary on Sunday after a report by the Informatio­n detailing his sexual advances toward women looking to raise money. His partner Jonathan Teo has told investors he’s willing to step down from the firm. The imbroglio underscore­s the persistenc­e of harassment and gender inequality in Silicon Valley, which came into wider light with Ellen Pao’s gender discrimina­tion suit against Kleiner Perkins Caufield & Byers in 2012.

“Binary discrimina­ted against Lai because she disclosed, or because Binary believed she had disclosed, informatio­n about her working conditions after her employment with Binary had ended,” according to the complaint filed Wednesday. “This discrimina­tion took the form of discouragi­ng others from hiring her, threatenin­g her with litigation, threatenin­g to ruin her career, and sending her harassing and threatenin­g texts for the purpose of discouragi­ng her from engaging in conduct protected by law.”

A representa­tive for Binary couldn’t be reached for comment. Lai’s attorney Chris Baker declined to comment.

Lai left Binary because of its “sexist and sexual environmen­t,” including inappropri­ate conduct with female staff at company outings, a female specific dress code and statements about the attractive­ness of Lai and other women such as female startup founders, according to the lawsuit. Lai, who said she complained about this misconduct, said Caldbeck began pressuring her after she left to keep her from talking about her experience there.

“I’m not going to warn you again,” Caldbeck wrote to Lai on the messaging applicatio­n Confide, according to the suit. “Please stop and don’t add ill will. It didn’t work out. I have egg on my face for supporting you and I’m sure you are disappoint­ed w your experience but don’t put us in a situation where we need to be more aggressive.”

Binary Capital also threatened to withhold Lai’s carry, or share of profits from investment­s, as part of its push to keep her quiet, according to the lawsuit. Lai said she notified California’s Labor & Workforce Developmen­t Agency of Binary’s employment agreement, saying that it held illegal provisions that prevent employees from ever disclosing informatio­n about their working conditions. The prohibitio­ns in turn “allows employers to abuse their power and mistreat their workforce” and “leverage their positions of power for sexual gain and for other inappropri­ate reasons,” according to the complaint.

Lai, who said Binary’s actions caused economic and emotional harm, is seeking civil penalties, attorneys’ fees and costs, economic and general damages, according to the lawsuit. No specific amount was given.

 ??  ?? Justin Caldbeck allegedly sent several texts to Ann Lai.
Justin Caldbeck allegedly sent several texts to Ann Lai.

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