Companies can no longer silence laid-off employees in exchange for severance
https://www.cbsnews.com/sacramento/news/companies-severance-laid-off-employees/
Yeah, lots of law breaking people! Holy moly the company has been naughty. Look at this sh!t.
Kelly Lim v. VMware, Inc. (2019): This gender discrimination and retaliation lawsuit was filed by a former VMware employee in the United States District Court for the Northern District of California. The lawsuit alleged that the employee was paid less than her male counterparts and was passed over for promotions despite her qualifications. The case is ongoing.
Broomfield v. VMware, Inc. (2020): This wage and hour lawsuit was filed by a former VMware employee in the United States District Court for the Northern District of California. The lawsuit alleged that the employee was misclassified as exempt from overtime pay and was not paid for all hours worked. The case is ongoing.
Driscoll v. VMware, Inc. (2020): This class action lawsuit was filed by a group of former VMware employees in the United States District Court for the Northern District of California. The lawsuit alleged that the company violated federal and state WARN (Worker Adjustment and Retraining Notification) laws by failing to give adequate notice of layoffs in 2020. The case is ongoing.
Arellano v. VMware, Inc. (2021): This lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleged that the employee was terminated in retaliation for complaining about discrimination and harassment in the workplace. The case is ongoing.
Vergara v. VMware, Inc. (2021): This class action lawsuit was filed by a group of female VMware employees in the United States District Court for the Northern District of California. The lawsuit alleges that the company discriminates against women in pay and promotions, and that it has a culture of s-xism and gender bias. The case is ongoing.
In Re: VMware Antitrust Litigation (2021): This antitrust lawsuit was filed against VMware in the United States District Court for the Northern District of California. The lawsuit alleges that the company engaged in anticompetitive practices related to its software licensing and support agreements. The case is ongoing.
Varun v. VMware, Inc. (2021): This lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleges that the employee was terminated in retaliation for taking leave under the Family and Medical Leave Act (FMLA). The case is ongoing.
Rose v. VMware, Inc. (2021): This lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleges that the employee was terminated in retaliation for reporting concerns about ethical and legal violations within the company. The case is ongoing.
Roberts v. VMware, Inc. (2022): This lawsuit was filed by a former VMware employee in the United States District Court for the Northern District of California. The lawsuit alleges that the employee was discriminated against and harassed on the basis of his race and age, and that he was wrongfully terminated in retaliation for complaining about the discrimination and harassment. The case is ongoing.
Allen v. VMware, Inc. (2022): This wage and hour lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleges that the employee was misclassified as exempt from overtime pay and was not provided with meal and rest breaks as required by law. The case is ongoing.
Byrne v. VMware, Inc. (2022): This lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleges that the employee was terminated in retaliation for complaining about discrimination and harassment in the workplace, and that the company engaged in a pattern and practice of discrimination and harassment. The case is ongoing.
Duggan v. VMware, Inc. (2022): This lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleges that the employee was terminated in retaliation for taking medical leave under the Family and Medical Leave Act (FMLA), and that the company interfered with the employee's rights under the FMLA. The case is ongoing.
Nunez v. VMware, Inc. (2022): This lawsuit was filed by a former VMware employee in the United States District Court for the Northern District of California. The lawsuit alleges that the employee was terminated in retaliation for engaging in protected activity, including reporting concerns about alleged violations of law and company policy. The case is ongoing.
Brown v. VMware, Inc. (2022): This lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleges that the employee was terminated in retaliation for complaining about discrimination and harassment in the workplace, and that the company engaged in a pattern and practice of discrimination and harassment. The case is ongoing.
Ramirez v. VMware, Inc. (2022): This wage and hour lawsuit was filed by a former VMware employee in the Superior Court of California, County of Santa Clara. The lawsuit alleges that the employee was misclassified as exempt from overtime pay and was not provided with meal and rest breaks as required by law. The case is ongoing.
Maschka v. VMware, Inc. (2022): This lawsuit was filed by a former VMware employee in the United States District Court for the Northern District of California. The lawsuit alleges that the employee was terminated in retaliation for engaging in protected activity, including reporting concerns about alleged violations of law and company policy. The case is ongoing.
If “negotiating” becomes a legal matter then a law(s) were probably broken which is a different matter from a negotiation for higher severance.
Good luck with "negotiating your severance". The minute any aspect of severance becomes a legal matter you lose, unless you have deep pockets and strong stomach to take on any corporation
@tak+1lmQN5bl | employers aren't required to give severance packages, unless a union contract, employment contract, or company policy requires it and there’s nothing stopping any employee from negotiating a better severance. Per the attorney quoted in the article:
“This decision opens the door. While on the one hand sunlight is the best medicine, and greater exposure should lead to better companies, this decision could also change the dynamics of a severance negotiation.”
A win for employees
Not so sure. What is the incentive for employers now to pay above statutory redundancy. Now they could just go back to give you a contractual notice and let you go without severance. In the UK at least. Statutory redundancy is one week per year pay with a 12 week maximum and only once you reached 2nd year. Sure, official redundancies are more complicated and take more time (I.e. consultation period bla bla) but I think financially the employee loses out. It won’t stop companies to throw people to the curb.
@nec+1lmQN5bl
The burden has shifted to its rightful owner. The employer. It’s been lopsided until now.
Employers have more incentive to do the right thing so the employee simply moves on to their next thing. This might also encourage employers to behave better.
That said VMware is corrupt, incompetent and “old timey” to adjust to the new policy.
This could also result in reduced severance since employers are no longer provided the protection that comes with a juicy package
A win for employees
Wonderful result.
VMware will need to rewrite their severance agreement language. They don’t want you whistleblowing, pursuing any legitimate claims against them or bad mouthing them for how you were treated while employed there.