I was laid off in the last round. One of the documents I received lists employees “affected” and “not affected” as required by the above act. The text is very confusing, but it appears that they list (in my case):
Group A: Affected — 5 employees with average age 60
Group B: Not affected - 16 employees with average age 54
(The average age of the combined groups is 55)
If you read this document and understood it, can you explain what’s going on? If I’m reading the legalese correctly it means that the average age of the terminated employees is 5 years above the average age of the employees considered. Is this significant enough for an age discrimination claim?
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this place just as I remember it
Oh to be a fly on the Dell C-suite wall. The severance agreement is void. ROFLMAO!!!
“It’s long been understood by the Board and the courts that employers cannot ask individual employees to choose between receiving benefits and exercising their rights under the National Labor Relations Act. Today’s decision upholds this important principle and restores longstanding precedent,” said Chairman Lauren McFerran.
https://www.nlrb.gov/news-outreach/news-story/board-rules-that-employers-may-not-offer-severance-agreements-requiring
When I was laid off, the names of people I was given were not at all in my department.
A pattern has been identified in the last couple of Dell layoffs. Older workers have been targeted, plain and simple.
Dell will be paying $$.
If you are curious a quick Google search will show you the huge sums that Dell has paid out in discrimination cases it is a disturbing pattern.
Age is biggest determining factor though Dell never admit that. Second is pay grade highest wage earners get boot. Third ones under 40 no real reason other than Dell trying get average balance to younger age to skew average age of who’s let go.
I didn’t use any benefits so that wasn’t part of the decision and I know several people who have used benefits and leave that weren’t let go
If you aren't trolling for Dell why did you use the verbiage "flinging false accusations. . ."?
Is the poor grammar & spelling part of your HR troll act?
" It appears Dell laid off people who have used more benefits like paid medical leave and Health benefits."
is this just speculation based on the age groups or is there any other evidence?
that list was just for your group.My group had two over 60. I talked to two attorneys. A law suit would take 18 months or longer, it may not get to court, but will take a long time. Can you afford to do without the severance package, and two months Cobra. You need to give that up, and not sign any of the Dell docs in order to sue. The game is rigged to benefit the corporation. You can try for a class action lawsuit or sign the papers, take the severance. I signed but I am able to testify in any law suits, that was in the paperwork, I guess something they couldn't get out of
getting laid off sux. it's unfortunately part of the world we live in and most people will go thru it at least once.
that said. the more stink you make about it and flingling false accusations kinda proves you were probably a PITA to begin with and that's why you were laid off.
yes they can lay you off when you take to many sick days. lay you off when you are pregnant. lay you off when you are out on maternity. in general that shows low returns coupled with high work absence
and i am not HR. I think dell is a low tier company but that's just the facts.
There is another post about a class action lawsuit for age & disability discrimination. Dell thinks they are so clever by sending out the age demographics. It is a little more nuanced. It appears Dell laid off people who have used more benefits like paid medical leave and Health benefits. This group skews older.
Definitely contact an attorney.