Thread regarding Dell Inc. layoffs

@p6
What group? which city?

Whoever is manipulating the likes/dislikes, it is really stupid.

I’m 62 and was just let go, I feel like age discrimination is at the heart of it. I don’t think there is anything I can do.

got the papework yesterday. five laid off, 60 was the oldest and 36 was the youngest.

@jp

from the internet:

"Example Context (Dell Layoffs):
When Dell conducts layoffs, it may offer severance agreements that include a waiver of ADEA claims. The agreement would typically outline the severance payment, benefits continuation (if any), and other terms, while explicitly stating that the employee waives their right to sue for age discrimination. Dell must provide the required consideration and revocation periods (21 or 45 days to consider, 7 days to revoke) and, for group layoffs, include the age and job title data for affected and unaffected employees.

Revoking a Severance Agreement
Employees aged 40 and older have a specific window to revoke a severance agreement that waives ADEA claims, as mandated by the OWBPA. Here’s how revocation works:

7-Day Revocation Period:
After signing the agreement, the employee has 7 calendar days to revoke it.
The revocation period begins the day after the agreement is signed.
Method of Revocation:
The agreement should specify how to revoke it, typically requiring written notice to the employer (e.g., via email, certified mail, or a designated HR contact).
If not specified, employees should send a written revocation to the employer’s HR department or the contact listed in the agreement, clearly stating their intent to revoke. For example:
text

Dear [HR Contact/Employer],
I am writing to formally revoke my acceptance of the severance agreement signed on [date]. I understand that I am within the 7-day revocation period provided under the Older Workers Benefit Protection Act.
Sincerely, [Your Name]
Keep a copy of the revocation notice and proof of delivery (e.g., email receipt or certified mail receipt).
Effect of Revocation:
If revoked within the 7-day period, the agreement becomes void, and the employee is not bound by the waiver of ADEA claims.
The employee will not receive the severance benefits (e.g., payment or continued benefits) offered in the agreement.
The employee retains the right to pursue legal claims, including for age discrimination, if applicable.
Post-Revocation Actions:
If an employee believes the layoff was discriminatory, they can file a charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discrimination (or 300 days if a state law also applies). Some states, like New York City, allow up to 3 years for certain claims under local laws.
Consulting an employment attorney is recommended to evaluate potential claims, especially if the layoff disproportionately affected older workers or if there’s evidence of age-based targeting.
Practical Tips for Employees:
Review Carefully: During the 21- or 45-day consideration period, consult an employment attorney to assess whether the severance offer is fair and whether there are grounds for an age discrimination claim.
Check for Disparate Impact: Use the group layoff disclosure (if applicable) to analyze whether older workers (e.g., those 60 and older) were disproportionately targeted compared to younger employees.
Document Everything: Keep copies of the agreement, communications with the employer, and any evidence of potential discrimination (e.g., age-related comments, performance reviews, or layoff patterns).
Act Promptly: If you decide to revoke, send the revocation notice within the 7-day window to ensure it is valid. Missing this deadline typically makes the agreement binding.
Practical Tips for Employers (e.g., Dell):
Work with Legal Counsel: Ensure agreements comply with OWBPA and state laws to avoid challenges to their enforceability.
Provide Clear Instructions: Include specific instructions in the agreement for how employees can revoke it (e.g., contact details for HR).
Maintain Transparency: Provide accurate and complete group layoff disclosures to avoid allegations of hiding discriminatory practices.
Document Non-Discriminatory Reasons: Clearly document the business reasons for layoffs (e.g., cost-cutting, performance-based decisions) to defend against potential discrimination claims.
Additional Notes:
Real-World Example: In recent layoffs, companies like Dell have faced scrutiny for severance agreements that waive ADEA claims. For instance, a 2022 lawsuit against X Corp. highlighted how group layoff data can be used to challenge disproportionate impacts on older workers, emphasizing the importance of OWBPA disclosures.
State Variations: Some states, like California, may require additional protections or disclosures in severance agreements, so employees and employers should be aware of local laws.
EEOC Oversight: The EEOC monitors compliance with ADEA and OWBPA requirements. Employees suspecting age discrimination can contact the EEOC at https://www.eeoc.gov/ for guidance or to file a charge."

@jm

From the internet:

In the U.S., the Age Discrimination in Employment Act (ADEA) designates individuals aged 40 and older as a protected class against age-based discrimination. However, when signing a severance agreement with Dell during a layoff, employees may waive their right to sue for age discrimination, provided the agreement complies with the Older Workers Benefit Protection Act (OWBPA), which requires specific disclosures and timeframes for workers 40 and older to consider and revoke such agreements.

Know your rights.

They can and do discriminate (Agism). You cannot get your severance unless you sign the document you will not sue Dell. Blackmail to the up tenth degree. Lawyers look over these documents its pretty much bullet proof.

I believe over 60 is considered a “protected class.”

Has anyone over 60 considered filing with the EEOC who was let go?

@f3 right? things are so well in your US, all the qualified people are leading all the business, they're so older, smarter, experienced that the current world can't even keep up with all that maturity. all these current "woke" business doesn't understand the core of being smart & experienced they just be telling stupid sh-t. Like why'd you go electric cars when gasoline cars are so much better amiright?

also I am in US

@eh No, it is not legal to "let go the older people." Maybe in your India, but not in the US. And you will be lost without the older, smarter, experienced American people.

In US full retirement age is 67. After that age I would accept to step down to let younger people grow their career. But not in early 60s.

@eh
in Europe countries there's big UNIONS and labor authorities, country manager need to dare hard with social benefit and a go out plan and agree it with them and the employes before signing any layoff

Is it legal to let go the older people

"You were fed a bunch of garbage in school"

Dell recruiters shoveled a bunch of garbage too. I was hired in a group about 30 people. We were all told we'd have opportunities to br promoted at least once per year. I've been here 11 years and had exactly one opportunity to be promoted. That promotion went to someone 10 years younger than me with less than half the time with the company and much lower KPIs, but he was better at kissing a-s.

@a8 Look at the ignorant youth who think that after a year or two they should be an I9 or I10. WHat a joke! Most o you are nowhere near the skill or maturity level for those positions. You were fed a bunch of garbage in school, and led to think that in a very short period of time you will be running the company. This sounds like the obnoxious "MIT Grad" from India who was posting last week. What a POS

@a8 It's hilarious how the you a-holes think they will be able to afford to retire at 50 or 60, especially when Social Security is gone. Some of you need to grow up and get your heads out of your phones (or your a$$es). You need to learn about life, family, and responsibilities, and how much they cost.

@bj That is very typical for many big companies. I do not do much work either for almost $300K salary

There are laws for age discrimination. Use them at your advantage! Dell will lay off older people because they are the ones that usually make more money. This is exactly how companies become inefficient.

A 2018 ProPublica and Urban Institute analysis found that 28% of stable, long-term employees over 50 experience at least one damaging layoff before retirement, with only about 2 million of the 22 million affected recovering financially. This suggests older workers face significant risks during layoffs.

If you don't have assets(stocks, property etc) that have appreciated through the years and decades, you will need to keep the job longer. That means more people in the job market. This is why people in the older age bracket have needed to stay on the job longer. For younger people, it is just becoming more expensive to exist. Take these lessons to heart when you are doing any life planning. It isn't the same as it was 30, 40 or 50 years ago.

@a2 you will be old yourself soon enough.

Severance agreements waiving ADEA rights are very common as of late. Read everything carefully before signing.

I'm 61, now blessedly ex-Dell after over 20 years. My opinion may not be popular among Boomers, but it's true - if your skills are not current and competitive for the pay that you want, you are in trouble. But I disagree with the "accept your fate" comment, we all need to continue to develop our skills and knowledge from experience is a TREMENDOUS SKILL. I know this - Dell has been dropping market share across many core LOBs and it never did that when I was there. Almost nobody that was responsible for building the market leading computer company while I was there is left. Good luck using your cutting edge skills and lack of experience to rebound.

@ag Explain how

I did meet some i9/i10 engineers who were doing nothing.The only job for them were going to setup a meeting.

When you’re laid off, they send you a list of level and age of those in your org who were impacted. Out of the 20+ in my org, only 2 were under 30.

They can replace one 60 year old for 2 25 year olds.

Ideally, one's age should not be a factor in layoffs unless there's clear mental decline that prevents effective work. I'm certainly thankful I didn't work for the poster that said "let it go, gramps." I seriously considered asking for a demographics breakdown but knowing Dell and their legal review of potential lawsuits, I am sure they have a solid CYA policy in place. Note: even the severance covers them from the WARN act.

@OP I’m seeing it a lot.

Yes we do have to let the next generation prosper, but many of us will be forced to work well past 65. I got my first job at 18 and have been contributing to my 401k ever since, sometimes I worked 3 jobs to make ends meet. If everything goes perfectly I might be able to retire at 67. My situation is not unique for Americans

I’d say it’s a shame to let so many older employees go. Older employees may not have the technical skillsets per se,but they have the advantage of knowledge. Knowledge of maneuvering through difficult situations, deadline management and overall work ethic. They can teach the younger generation (whom many have never really worked in a professional environment) a lot. There’s a lot to be learned from them. My best mentors weren’t young 30/40 yr olds, they were older 50-60’s and I learned a ton about how to act professionally and how to handle difficult situations from them. They are the ones who should be in lead or leadership roles. Good leaders don’t need to be experts in the tasks, they need to be experts in developing people and mentoring them to achieve their best.

Approaching ageism? That is all Dell does is lay off older employees.With a couple of younger in the mix to offset the numbers so when employees get the paperwork it shows a couple of employees in their 40s but the majority are late 50s and early 60s.
I have seen the paperwork given to several let go and it is definitely many in 50s-60s.
Ageism is the policy at Dell.
Can not make a career at this dumpster fire of a company.

At some point you have to hang it up and let the next generation prosper. There’s a-lot of 60+ occupying i9/i10 positions that need to call it quits.

@a2 someday you'll be at that age let's see how you think then mo--n

What pos u r. You have no idea what we bring to the table shut ur face!

@a2 remember you will be at that azzhole

let it go, gramps. you had a good run now accept your fate.
there would be more dignity in it.