Thread regarding Qualcomm Inc. layoffs

You have brought this upon yourselves. Read on to see what you could do now.

Some immigrated to this county because they saw greatness in democracy, freedom of expression, and the rule of reason and law. They came here to be a part and to contribute to it. They took it upon themselves to do whatever it takes to preserve the values that made this country free and prosperous.

The rotten abyss that is called Qualcomm is of your own making. Some of you have imported the culture of nepotism, fear, pacifism, and the worst of all, capitulation to abuse from your home countries. Working for Qualcomm in U.S is no better than working (and living) in a third world country now. You have been complicit with this because this is what you have known all your lives. Capitulating to dictatorship and abuse keeps you in your comfort zones.

Does it sound familiar that you are made to work 12 hours per day, weekends, company holidays, and then disposed of as soon as you are not needed? Does it sound familiar to you that your "great leaders" gave themselves $95 million worth of stock grants in January while this is happening? Does it sound familiar to you that if you criticize them about anything or if you have an innovative technical idea that is different than that of the boss, they will get rid of you through a bogus PIP with unconditional help from their HR? Does it sound familiar to you that engineers get mentally exhausted to the point that they jump from Qualcomm buildings (2010 and 2012) and HR tries to cover it up? All of this would sound normal to a factory worker in Foxconn City industrial park in Shenzhen, China.

By the way, are you hoping for ground-breaking and innovative products to come out of this place?

What could you do now?

Qualcomm has been thriving on importing and abusing low-cost H1-B workers as replacement for their older age workers. If they "layoff" employees, they wouldn't legally be able to get new H1-B workers in the future because they wouldn't be able to make the case to the immigration authorities that they were short of US workers. Moreover, if they "layoff", they would have to pay a severance package to the employee which would cost them. They would also run the risk of the employee bringing a lawsuit against Qualcomm for wrongful termination. For this reason, they would try very hard to eliminate employees in other manners that could not be labeled as "layoff". They would put all their effort into creating a condition where the employee would "resign" on his own. Then they wouldn't have to pay the employee any severance pay and they would not face any legal risk.

One method to accomplish this is to "to work the employee out". They give the employee an assignment that is impossible to complete and make him work hard and fruitlessly until the he gets exhausted and leaves on his own. If this method doesn't work, then they "PIP him out". This is accomplished by artificially lowering his performance grade and putting him on PIP. Then they give him an assignment that is impossible to complete in the given time, or is outside of his area of specialization, or has dependency on another group to deliver. This gives HR the justification to terminate the employee and if it comes to a lawsuit, they would claim that they gave the employee a chance to improve, but that he did not "perform".

To PIP an employee out, they will first encourage him to either resign on his own or go on PIP. HR would threaten that if employee doesn’t agree to either one, they would terminate him for insubordination. If he resigns, HR will be happy because they wouldn’t have to pay him any severance payment, he could not make any legal claim against Q, would not be eligible for unemployment benefits, and his health insurance will cease at the end of the month. If the employee decides to go on PIP, he gives them a chance to fabricate more bogus evidence against him in the manner which I described. Remember that no one has survived PIP in the past. Then they will terminate the employee at the end of PIP and will use the fabricated evidence in case he brings a lawsuit. HR will even be happier in this case because they wouldn’t have to pay the employee any severance payment, he could not make any legal claims, would not be eligible for unemployment benefits, his health insurance will cease at the end of the month, and Qualcomm could extract another month of intense work from the doomed employee which thinks if he worked harder he would survive.

I strongly encourage you to document all your accomplishments, deliveries, and your working condition in fine details and be prepared to confront HR if they try to put you on an unjustified PIP. You may even want to wear a concealed recording device when talking with HR or your managers. Note that this is legally admissible because your purpose is to prove a wrongdoing. Make sure to keep a copy of your evidence in a safe place because once you start to dispute and resist, they will put you on an administrative leave and will cut off your access to your emails and records. If you prove that you have a case against them, they will offer you their standard package which is 2-month of pay. In return, they will ask you waive all your rights to sue them. The 2-month pay does not depend on the number of years of your service, however, it is negotiable based on how strong of a case you have compiled against them. The payment is proportionate to the degree of risk they perceive in getting involved in a lawsuit and worst of all, a class action one. After all, they know how many labor laws they have been violating in their sweatshop every day and how much is at stake when they are exposed.

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| 875 views | | 22 replies (last July 21, 2015) | Reply
Post ID: @OP+CyMV8jb

22 replies (most recent on top)

119171: Free legal advice is worth exactly what you pay for it. You can find more accurate info on govt. Websites.

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Post ID: @2KQl+CyMV8jb

You described the conditions going in Q so true !! including HR and management

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Post ID: @1nEK+CyMV8jb

AVVO is great site to get free legal advice.

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Post ID: @1XsJ+CyMV8jb

@118868: NO! Avvo is a horrible resource! And a lot of the lawyers who advertise there get their buddies to inflate their rankings by recommending them. If you want to know about federal law with regard to labor violations, see the Dept. of Labor website. Lots of info, updated regularly. If you feel you have been discriminated against based on race, religion, gender, national origin, age (over 40), or disability, or because you opposed discriminatory practices, Contact the U.S. Equal Employment Opportunity Commission (EEOC). Call 1-800-669-4000 or check the website: http://www.eeoc.gov/policy/docs/

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Post ID: @1wcn+CyMV8jb

From a close friend who wrote their Master's thesis on the subject of suicide: The location of the act of suicide holds a strong place for the reason.

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Post ID: @1bet+CyMV8jb

Yeah right, they both commit suicide in the workplace and HR blames their personal lives.

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Post ID: @12qD+CyMV8jb

The two employees jumped off WT were related to their personal matters.. I would read the original post with grain of salt

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Post ID: @13i1+CyMV8jb

@Anonymous118965,looks like you know how the process work so either POST it or SHUT UP. HR troll?

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Post ID: @1i0G+CyMV8jb

This would be a great post of any of it were actually based on facts about the process. This person clearly has no idea how the PIP, unemployment criteria, , legal requirements for wrongful termination, or negotiations of severance packages work.

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Post ID: @1yRJ+CyMV8jb

It is so sad how folks are being pushed into PIP with so much biased false meaningless phony fabricated reasons. Imagine you stood up and refused to work on a specific weekend or at the time you were on vacation. Now imagine that your code had a bug that verification test caught it and you fixed it on time which is very normal & routine. Later on, you would be shocked to see how your manager exploited this minor bug as an excuse to downgrade your review with so much of exaggeration and magnification and discard all other accomplishments and push you into PIP in front of HR. Once your realize how the system is actually working and how ridiculously, unfairly and subjectively you can get into PIP in front of HR, the rest of story matches with what OP described. I bet HR understands what is going on and might show you some sympathy as well but after all, all HR cares is that you don’t sue them and they might give you something just so that you don’t do that.

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Post ID: @1abA+CyMV8jb

Wow, a hero who described the situation at Q precisely!

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Post ID: @1r3H+CyMV8jb

Is that correct -you don' t qualify for unemployment insurance if you are PIP'D?????? OUCH

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Post ID: @rzm+CyMV8jb

Not everyone at the Q is an H1B from a third world country. there are people from other countries as well and also remember there are American engineers too a.

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Post ID: @flK+CyMV8jb

Anonymous118869 : Because most of them are engineers from foreign countries and not aware of rules and laws, And H1B and GC also make it complicated from them....and those who complain they get away either improving work situation or negotiate exit package... mostly idiots who let company do bogus PIP on them because they don't know this game hence HR/management can collude ,create fear and play the game on their terms...

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Post ID: @rER+CyMV8jb

personally i think the lucky ones are going to be the ones going right away as they will get a legitimate layoff and package .As time goes on more likely to go on a phony PIP with nothing.

IF YOU ARE GOUNG TO GO ITS BETTER TO BE ONE OF THE CHOSEN ONES NOW !!!!!

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Post ID: @xPt+CyMV8jb

wow ...thats i can say ...wow.Thanks for having the courage to write this .We all think it and live it everyday but seeing it in print from someone else somehow helps the soul.

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Post ID: @8jh+CyMV8jb

So the question is how this sweatshop, out of Sorrento Valley, continues to operate without US Labor intervention?

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Post ID: @PqG+CyMV8jb

Anonymous118849 ,Not true...politician don't touch labor issue in US. Lot of folks successfully negotiated fat packages. Collect the evidences and contact a attorney( use EAP for free attorney consultation ) he will negotiate package for you . What works best- Keep collecting as much evidence you can, line up other job ( not mandatory), negotiate package...understand how system works and use it for your advantage...don't get exploited, You are not a prostitute you are a professional!

avvo.com is also a good resource to get more legal curiosity answered...its not that difficult as you think.

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Post ID: @Zd2+CyMV8jb

Mr. Gandhi, great post; unfortunately, with the army of lawyers Q has, the lobbyists in Washington DC and acquaintance the family owners of this company has with this current American administration, and billions of dollars in the bank Q has, it would be very tough to prove your point to US Labor department; welcome to capitalism!

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Post ID: @4dy+CyMV8jb

OP, you described the current condition at Q very perfectly. Everyone in this board ( including HR and Management trolls) should read it if they want to get actual feedback.

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Post ID: @hnS+CyMV8jb

Under normal circumstances, I wish everyone the best. But these are not normal circumstances; and they haven't been for quite a while. Having said that, I am prepared and I going to take a personal interest in seeing some of you suffer. Rich, poor, brown, yellow, white, male, female, straight, gay ... I don't care. Karma is a b*tch.

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Post ID: @VSU+CyMV8jb

really wish "\n" was supported here.

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Post ID: @NA4+CyMV8jb

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