Thread regarding ExxonMobil Corp. layoffs

They are increasingly creative in ways to disguise discrimination?

Older employees are cut because they have become "too expensive." Expensive = more entitled vacation days, medical conditions that come with age that might require time off, possible disability that makes an employee slower, time off for taking care of kids or parents, etc. PIP was not limited to those over 40, but those are the employees (if not retirement eligible) that had their lives impacted the most. By cutting new hires at the same time, it makes it difficult to win an age discrimination lawsuit. This is why the company continues to bring in new hires when they are projecting future job cuts and downsizing. This also explains why the company changed ranking last year to include new hires and why many new hires were cut last year. Discrimination has not gone away. Lawyers and HR have just gotten more creative in ways to disguise it. And this is why HR gives a script for supervisors to read from. If the supervisor sticks to the script rather than being honest, it will prevent lawsuits. Also, this is why supervisors rarely give valuable feedback. Or feedback is so vague that there is room for interpretation.
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The author of the post @1wyj+1al99E6B explained the situation very well!!! It is more visible in the new thread.

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Post ID: @OP+1anc0GcG

8 replies (most recent on top)

@2xan+1anc0GcG

Fortunately for you, the company can’t even take into account your extremely low mentality when deciding who to layoff. You are in a protected class! Mentally incompetent! Congrats. LOL. Loser!

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Post ID: @2xnx+1anc0GcG

@1egm
You are hilarious.
Company love you. Do no harm. Legal system.
(Smiley-Face)

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Post ID: @2xan+1anc0GcG

@1hgv+1anc0GcG

Unfortunately, such personal considerations can get companies into legal trouble when conducting layoffs. Everyone has a personal story, some more tragic than others. If they consider the personal issues of X, then W Y and Z can sue because their personal situations were not taken under consideration. It's not the fault or lack of compassion of a company that requires this, rather the greed and lack of compassion of other employees who would bring legal action against the company for their own benefit if this occurred. Makes everyone losers, but that is how the legal system works to prevent lawsuits from unethical people. Can't blame companies for protecting their employees and shareholders by using same basis for everyone. Just the way it is.

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Post ID: @1egm+1anc0GcG

The saddest part of this post is realizing how unethical our Management has become. The success of this company is left to hoping for higher oil prices; otherwise, it's a rapidly declining business.

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Post ID: @1nsx+1anc0GcG

Interesting additional note on company's awareness of age distrimination potential:

  • Those that are NSI and offered PiL separation receive a lengthy 'Separation letter with Waiver and Release' to sign and date (not notarize). Below are some details and an interesting twist.
  • One of the Waivers involves any legal action (towit - from p. 2)):

KNOWINGLY AND VOLUNTARILY RELEASE AND DISCHARGE THE
COMPANY, from any claims, demands, and/or causes of action (collectively “Claims”)
that I have or might have, and whether known or not known to me, that are based upon
facts occurring on or prior to the date that I sign this AGREEMENT, and whether such
Claims are based upon my employment with, pay or benefits received, or separation from
the Company, including, but not limited to the following:

  •  Claims under federal law, state law, local law, agency, regulation or executive order

prohibiting employment discrimination, retaliation, harassment or wrongful
discharge, whether based on age, race, s-x, color, national origin, citizenship status,
religion, disability, veteran and/or military status, entitlement to leave, medical
condition, genetic information, marital status, se—l orientation, gender identity,
or any other factor; and 2,

  •  Claims under the **Age Discrimination in Employment Act; the Older Workers

Benefit Protection Act** ; Civil Rights Acts of 1964 and 1991; retaliation under the
Family and Medical Leave Act and Fair Labor Standards Act; the Americans with
Disabilities Act; the Equal Pay Act of 1963; Section 1981 of the Civil Rights Act
of 1866; the Uniform Services Employment and Reemployment Rights Act; the
Worker Adjustment Retraining and Notification Act; Executive Order 11246; the
Rehabilitation Act of 1973; Section 510 of the Employee Retirement Income
Security Act; the Fair Credit Reporting Act; and Title VIII of the Corporate and
Criminal Fraud Accountability Act of 2002 (Sarbanes-Oxley Act); and any
amendments to each statute listed; and,
3

  •  Claims under the Texas Labor Code (specifically including the Texas Payday Act,

the Texas Anti-Retaliation Act, Chapter 21 of the Texas Labor Code, and the Texas
Whistleblower Act) and amendments to those laws, and all other Texas statutes,
orders, regulations, municipal, county, or local ordinances, and Texas common law;
and

  •  any other federal law, state law, local or common law tort, contract, or statutory

Claims related to the Company Benefit Plans; and

  •  any other federal law, state law, local or common law tort, contract, or statutory

Claims of unlawful discharge, breach of contract, breach of the covenant of good
faith and fair dealing, retaliation, discrimination, harassment, fraud, violation of
public policy, defamation, physical injury, or emotional distress.

  • There is further lingo - No Future XOM Employment, 21-day Review, Recommend Attorney review, on and on.

HOWEVER - related to **Age Discrimination in Employment Act; the Older Workers
Benefit Protection Act**
On page 5 - buried in there a bit, THERE IS THIS:

  • 7-Day Revocation Period.

(1) I further acknowledge and understand that for a period of seven (7) days
following my signing of this AGREEMENT, I may revoke (cancel) the
ADEA/OWBPA WAIVER by providing written notice to
REDACTED CONTACT INFO
(2) In order for the revocation (cancellation) of the ADEA/OWBPA WAIVER to be
effective, CONTACT must receive the written revocation (cancellation)
before the end of business (5:00 p.m. Central Time) on the seventh day following
my signing of this AGREEMENT.

Pardon the length of this - but, in summary, Company recognizes rather slyly that they are fully subject to the Age Discrimination laws (and probably even if no 'Waiver of the Waiver' is requested).

By the way - any legal action must be filed in Texas Courts according to this document.
That's just hooey.

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Post ID: @1eue+1anc0GcG

I know a geologist that was PIP’d whose wife was dying of cancer. You think he might have been slightly distracted during the performance period?

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Post ID: @1hgv+1anc0GcG

Funny my new hires are convinced they were unfairly targeted by the layoffs /PIPs because of their lack of experience....all about perspective.

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Post ID: @1gyc+1anc0GcG

So, new hires are used to dilute the older employee layoffs to make it look balanced and non-discriminatory?

Ok. Seems plausible. I saw it first hand on the HC.

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Post ID: @vrm+1anc0GcG

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