I was contacted about my layoff by private lawfirm...

Key Point

NetApp did not follow required federal rules for layoffs involving employees over 40.

What Went Wrong:

The Older Workers Benefit Protection Act (OWBPA) requires companies to give employees over 40 a written list of:
The job titles and ages of those selected for layoff
The job titles and ages of those who were not selected
This information must be given before or at the same time as the severance agreement.
NetApp did not provide this list with the severance documents.

Why This Matters:

When a company fails to meet OWBPA rules, parts of their severance agreement become invalid and unenforceable.
That means certain waivers in the agreement cannot legally block people from taking action.

What’s Happening Now:

An investigative group has been contacting many of us from the April and September layoffs.
They are gathering details about who was let go and how the paperwork was handled.
The investigation appears to be tied to a New York firm preparing a class-action lawsuit.

My Decision:

I’m joining the class action.
Anyone over 40 who was affected should look into it as well.
If the required documents were never provided, the severance agreement is weakened, and federal rules were violated.

Sources for Verification

OWBPA requirements (EEOC):
https://www.eeoc.gov/laws/guidance/age-discrimination-older-workers-benefit-protection-act

OWBPA explanation (U.S. Department of Labor):
https://www.dol.gov/agencies/oasam/centers-offices/human-resources-center/owbpa-guide

#Layoff #Severance #EmployeeLawsuit #LegalIssue

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7 replies (most recent on top)

@j8 yeah, I was the first in that group to go in October 2024. I got the list of positions, etc.

Those links in the original post are dead. Likely part of the fascist, ignorant, ethically bankrupt "deregulations" by the traitorous GOP.

How does the "investigative group" know who to contact? Even internally no one seems to know who was laid off and when.

@j8 Super sad to read this about NetApp. What's happening at NetApp, it used to be the Best Places to Work?
President Cesar likes to travel the world and take selfies.

When I was laid off with the entire Strategic Healthcare Team last spring, it included the documents with ages and titles and spared no one in the org. Young early in career as well as tenured were laid off. There have been other lay-offs as the new upper management has taken over the VP levels in sales that were stated to be 'for cause' but sounded like they lacked clear evidence. Many of the positions from the Healthcare lay-off were consolidated into Enterprise sales and re-opened at lower salaries under new Management making it all appear as if it was a new-management initiative to cut costs, clean house and hire cronies. They seem to be struggling as they continue to try to re-invent themselves in the face of strong competition and the old guard legacy reputation of their products being overly complex and limited. Hiring all new management from the competitors and hoping that they can fight back with competitor playbook also seems pretty lame. Good luck, NetApp - you'll need more than new management to get this ship righted. I still can't believe that César Cenuda keeps his position over sales. He really seems to be a buffoon. He should be canned too.

I heard about this from another employee who was also contacted. I asked that person to pass my name on to the attorney. Is there an easier way to get connected? I think there are enough of us that is worth being more open about it.

My lawyer agreed that NetApp does not appear to be acting in good faith and I am also considering filing with the eeoc (with my lawyer‘s guidance).

Also I think this explains why some younger employees were recently laid off.

This seems fake.

Thread regarding NetApp layoffs

I was contacted about my layoff by private lawfirm...

7 replies (most recent on top)

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