Thread regarding Occidental Petroleum Corp. layoffs

Merger Agreement

According to the merger agreement, Oxy is required to keep APC employees' salaries the same for one year. Read it for yourself on EDGAR
https://www.sec.gov/Archives/edgar/data/773910/000119312519144402/d745029dex21.htm

Oxy/APC AGREEMENT AND PLAN OF MERGER 5/9/2019
Section 6.6 Employee Benefits
(b) For a period of one (1) year following the Effective Time, Parent shall continue to provide to each individual who is employed by the Company and the Company Subsidiaries as of the Effective Time who remains employed with Parent or any Subsidiary of Parent (“Affected Employees”), for so long as such Affected Employee remains employed by Parent or any Subsidiary of Parent during such one (1) year period, with: (i) base compensation that is no less favorable than was provided to the Affected Employee immediately before the Effective Time...

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| 4392 views | | 24 replies (last March 30, 2020) | Reply
Post ID: @OP+14aNlwFa

24 replies (most recent on top)

Be careful what you wish for

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Post ID: @4jdq+14aNlwFa

Done.

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Post ID: @4uty+14aNlwFa

Yes. I would recommend referencing the agreement and also the GV email. Also consider not using your Oxy computer.

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Post ID: @4vcc+14aNlwFa

So do we just submit the tip of the violation to that link?

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Post ID: @3obt+14aNlwFa

https://www.sec.gov/tcr

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Post ID: @3esp+14aNlwFa

We can each file a complaint with the SEC to notify them that Oxy is violating the agreement that the SEC approved. Not sure what SEC would do about it though?
If nobody can afford Individual lawyers, best option is class action.

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Post ID: @3vbg+14aNlwFa

Anyone planning to take any action on this? Asking for a friend.

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Post ID: @2mtx+14aNlwFa

@1lcf+14aNlwFa Lets just say that I wouldn't put my eggs in the ability of Marcia Backus basket.

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Post ID: @2wui+14aNlwFa

Let me see if I understand this correctly. The Merger Agreement is between two companies: Anadarko Petroleum Corporation and Occidental Petroleum Corporation. If Anadarko wanted to sue Occidental, it could. But, since Oxy owns Anadarko, I doubt Anadarko will sue Oxy. The rest of us are just bystanders in this.

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Post ID: @1tsa+14aNlwFa

If we wanted to organize on this, how would we start? Somebody puts their lawyers name out there? A more stable but anonymous group?

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Post ID: @1rlx+14aNlwFa

I guess every affected employee could file in small claims court...every day of salary reduction until 8/8/2020 could be claimed. This does not affect any eligibility for COC if any triggering event ever takes place. No, the $ do not amount to much, its just the point of this company and its management flipping off its employees and shareholders. Their actions are unbelievable. They need to be held accountable. In the end, I would gladly donate any of my recoveries to some deserving organization or small business affected by corona.

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Post ID: @1qvc+14aNlwFa

@1lcf+14aNlwFa It’s not about how big my lawyers are versus how big theirs are... what would a jury of simple minded folks think when this goes to trial? Common sense will read the documents and it says no change...and that’s what the jury box will say.

My attorney has been involved since December and he’s aware of the email by Hawaiian shirt dude.

  • We ready.
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Post ID: @1duj+14aNlwFa

I don’t think it is about the 4.9% for them. I think it is about going after upper level management and finding any way possible to get out. I honestly cannot say I blame them. If the rest of us had documents that may allow us out with a lot of money we would fight for it to with the mess we are in.

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Post ID: @1ulu+14aNlwFa

They have a full staff of lawyers that have spend most of a year going over this. Let's see if "your lawyer" is bigger than their lawyers.

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Post ID: @1lcf+14aNlwFa

@hyq+14aNlwFa sounds like a perfect opportunity to file a class action suit.

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Post ID: @1nsx+14aNlwFa

The merger agreement has a lot more to it than just details that could revert to the change of control document if not abided by. The change of control document is not in place to govern the the merger agreement.

This could likely lead to a lawsuit because they did not abide by a legally binding contractual agreement.

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Post ID: @1obm+14aNlwFa

If it is controlling, are there any consequences? Consequences would just go back to the COC, which then has less strict standards.

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Post ID: @1fht+14aNlwFa

The merger agreement is controlling in this matter. It definitely should delay any compensation or benefits cuts. Likely, large cuts will be coming for legacy Anadarko employees in August, but cutting compensation and/or benefits prior to that time certainly appears to violate the agreement at first look.

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Post ID: @1myz+14aNlwFa

The SEC filing stating that they will provide no less favorable compensation and benefits may not trigger a change of control but it may delay the pay cuts and benefits cuts. Come August we are screwed. L-APC here.

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Post ID: @1too+14aNlwFa

You would need to understand which document is controlling in the event of a contradiction or deviation. The COC Plan may be controlling.

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Post ID: @1tou+14aNlwFa

I am assuming no less favorable literally means no less. Unlike the subjectivity of “materiallly reduced” in the CoC document, this appears to be quite clear cut. Does this mean they violated the agreement? One would think they covered themselves, but let’s be honest, there were many things overlooked in this past year to push this deal onward.

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Post ID: @1vxp+14aNlwFa

It’s not really the 4.9% reduction that legacy APC folks are worried about. Clearly they (OXY) are going to cut out throats in August. The writing is on the wall. They have already created a huge amount of mistrust... we could have been working for Chevron and have avoided all of this drama.

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Post ID: @1krs+14aNlwFa

COC baby!

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Post ID: @1lke+14aNlwFa

It is 4.9% for now and just get over it because they would have never screwed you over unless they covered their a– legally. You would need to spend thousands on lawyers, and Oxy could just postpone and postpone. Every time your lawyer spent an hour you would get a bill for 500.00, and lawyers know a lot about creating billing hours. You are hosed just like everyone else in these times and it s—s.

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Post ID: @hyq+14aNlwFa

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