Is anyone aware of a legal firm that might be seeking to speak with former/current employees who were/are being assessed as NSI to develop a case for a class action lawsuit? Assuming that people are being honest here, there are numerous examples of managers providing "reasons" for a person's NSI classification that have nothing to do with performance. I'm reading posts that clearly point to ageism, reverse discrimination, and other illegal employment practices. The company appears to be using the PIP process as a way to maneuver around their actions, but I would think a good legal firm would understand the information needed to show that the PIP is a sham.
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Anyone that can afford to take ExxonMobil to court for age discrimation is wealthy enough to not need the money.
Been a while since I’ve been on this site I can see things haven’t changed….
No sane lawyer would take a non-injury case against EM, EM knows how to grind.
Disclaimer: what I am about to say does not constitute legal advice, and is in no way meant to suggest or otherwise imply that anyone here take a specific course of legal action against their employer.
Filing a class action lawsuit against Exxon for alleged age discrimination in performance ranking is easy. Retain an attorney (or maybe an entire law firm), seek out a court within the appropriate jurisdiction, and voila, lawsuit filed.
Winning is a different story.
- Exxon has an outstanding legal team. They regularly argue cases in federal appellate courts. I don’t know who you plan to retain, but they won’t be nearly as good or as well connected.
- Exxon has much deeper pockets than you do. They can easily afford to bury you in procedure and run up your legal bills to the point of bankruptcy. This is a routine tactic used by corporate litigators. I’ve never not seen it work.
- The judge might toss the suit. The burden is on you to prove that the ranking system is not only explicitly tied to age, but that age (or another protected status) was the primary factor used to rank you, and, and, that you will suffer irreparable harm as a result of the policy. That’s what’s required in order for you to have standing.
I’m not here to discourage anyone. If you feel you’ve been wronged, take it court, that’s your right, but know what you’re signing up for.
@2jfy Bad advice.
ADF is known for filing suits where their clients lack standing. They’ve lost many of the cases for their clients for this reason. The few cases they do win are usually reversed by appeals courts.
PSA: Don’t take legal advice from the internet. Especially the guy I’m replying to.
Check out "America First Legal" if you feel you were mistreated because you are not part of a dei group.
While I love the thought of XOM being sued, who really has been hurt most by the NSI/PIP/PIL?
Mainly XOM and current employees. Short term, XOM has shown upside to the shareholders but we all know in 3-7 years, these decisions will come to kick them in the behinds. Every single project is upside down and everything that was insanely profitable has been constantly neglected.
Everyone that took the PIP/PIL is 10-1000X better a year later. Don’t have to deal with the assessment BS, raises, relocations, bonuses, you name it….
The class being tortured are current employees…. Not the ones that left.
Who says I have empty pockets and big bills? I am just an individual who is trying to help the people who were mentioned on the most recent chats assuming the stories are true it sounds like they didn’t receive any proper help in the matter. If someone knows those individuals please tell them to seek legal guidance. All of this is assuming the stories are true.
What does the company have, deep pockets, legal team, infinite time. Lets see what you have empty pockets but big bills, no legal team, no time. I wonder how that class action if it ever gets started works out. Documents you signed are most likely bulletproof. Any dollars in your pocket i bet there is clause that says you agree NEVER to take further legal action or you have to pay it all back at the least. Then if there ever is a settlement you are already bled dry and guess who gets the money the attorneys. And you get chump change. The more people in the class the settlement if any get diluted. What are you going to live on as years go by for this process?
I thought Exxon made sure to PIP people from all age ranges to make sure the numbers don’t skew towards older folks.
Reverse discrimination would be favoritism, which would not result in getting PIP’ed
Anyone thinking of suing Exxon by trying to tie their ranking to their age, age being a protected class, has their work cut out for them.
- Did you file a complaint with the EEOC at the DoL within the statute of limitations? Probably not. Probably didn’t even know you could or should.
- Did you go to HR? Not to solve the problem (we know they’re not there to help you) but to get the issue documented? Probably not.
- Did you address the issue directly with your supervisor in writing? With their supervisor? Probably not.
Chances are you don’t have a case.
You might also take a look at some of the new legal precedent since 2017. GOP judges have been on a tear, and none of it favors people trying to defend themselves from workplace discrimination.
@1lyv+1tzLmVvL Most end in mediation settlements.
In addition if a supervisor intentionally created a hostile work environment to encourage an employee into an agreement that employee should seek legal counsel.
Lol. So you think you can win a lawsuit against the company that convinced the world that climate change wasn't real???
If any individual was under duress when they signed the agreement (mental, health, financial) the agreement becomes null especially if that individual did not have legal representation present. Most companies will include a clause that says you were not forced to sign. Reading through some posts below it seems that some of these individuals were under duress and maybe even threatened to sign which would warrant the terms as void.
Is the person who wrote the above post a lawyer?
You won’t have any case
@ujp+1tzLmVvL I have a legal background and usually those agreements don't hold ground in court.
Part of taking the PIL is signing documents agreeing not to file lawsuits and not to post derogatory statements about EM online.