Greetings
A group of older employees are collecting data and talking to one of the nation’s leading employment law groups.
They believe that there is cause for an EEOC filing and class action suit against Dell for age and disability discrimination.
Please keep your eyes open as a post in the next couple of days will have a web page, and email contact to reach out to about participation.
I’m fairly confident this post was made by a Dell executive to keep people from filing EEOC claims. Don’t miss the 180 day time limit waiting for this class action to happen. It’s not.
Anyone know if there is an active class action?
I have been laid off I am 48 years and I am an Architect. Got so many awards for my performance and delivered most of the work in my team. Still they laid me off and saved those people who were below performers and doing sh---y jobs.
@OP+1lbITR5d
Is this going to happen?
OP, Is there a web page yet?
Am I reading this right? The signed severance agreement is void per the new Labor relations ruling issued 2/21/23.
https://www.nlrb.gov/news-outreach/news-story/board-rules-that-employers-may-not-offer-severance-agreements-requiring
Exactly. Trying to hide what the real targets are by breaking them up over several rounds of layoffs isn’t defensible.
Add in so many former Senior leaders who are no longer there too, and are now open to pointing to exact communications for Discovery purposes.
This is going to be an eye opening ride.
I can also see a story like this firing up the woke crowd on platforms like TikTok. Stuff like that tends to lead to immediate bad PR and a company getting “cancelled”
This is still in the works.
There are a lot of details and logistics to work out. The domain name is being purchased and the site developed.
Sign your severance packages. One of the fist items will be to negate any repercussions of those that do sign it (you are under duress) and the arbitration clause should be quashed. The allegation is that Dell knowingly violated Federal statute.
Update OP?
80% let go in my group were 50+
It’s more than age. It seems a lot of those laid off had a major medical incident personally or within their family. Laid off employees were let go because they used too many benefits; health insurance, paid medical, etc.
Dell talks a good game but that’s all it is. Benefits are to make the company look good but not to actually be used.
Is this enforceable? Any update OP?
Complete Release. I hereby fully release Dell (including but not limited to EMC
Corporation and all its subsidiaries and affiliates) and all of its owners, partners, shareholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, subsidiaries, joint ventures, and affiliates (and agents, directors, officers, employees, representatives, and attorneys of such subsidiaries and affiliates) (collectively, "Released Parties"), from any and all known or unknown claims or demands I may have against any of them. I expressly waive and opt out of all claims, whether asserted on an individual or class action basis, against any Released Party arising out of any contract, express or implied, and whether executory or not, any covenant of good faith and fair dealing, express or implied, any tort (whether intentional or negligent, including claims arising out of the negligence or gross negligence of any Released Party and claims of express or implied defamation by any Released Party), and any federal, state, or other governmental statute, regulation, or ordinance, including, without limitation, those relating to qui tam, employment discrimination, termination of employment, payment of wages or provision of benefits, Title VII of the Civil Rights Act of 1964 as amended, the Civil Rights Act of 1991, the Americans with Disabilities Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Massachusetts Wage Act, M.G.L. c. 149, s. 148, et seq., the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act (“OWBPA”), the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), the Worker Adjustment and Retraining Notification (“WARN”) Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), and the Occupational Safety and Health Act. I represent that I have not assigned to any other person any of such claims and that I have the full right to grant this release. Notwithstanding any other provision herein, Dell and I agree that I am not waiving any claims that may arise in the future under the Age Discrimination in Employment Act, any claim for benefits under the Dell Inc. 401(k) Plan, the Dell Inc. Comprehensive Welfare Benefits Plan, or any future claims based on Dell’s obligations and agreements set forth in this agreement.
Absolute proof would be in the form of Discovery. I have no association with this case, to be clear. However large firms who take on class action cases don’t charge and out a huge amount of resources, financial, legal and investigation wise into the mix. They know if they win or settle they make millions.
You must be onto something. The Dell shills have spent a lot of time on your post. Good luck! Dell needs to be held accountable!
Which has zero enforceability of there is reasonable suspicion that one party broke a law. In this case that is what is alleged and if a court accepts it for litigation, that agreement is null and void.
To be clear courts very much stand behind arbitration agreements for lost things, but if you are seeking class status and provide reasonable proof, the agreement will be quashed.
And one personal observation. Who the heck quality checked those agreements? The syntax errors alone make them easy to pierce.
Remember that arbitration agreement you signed?
Dell has paid out many millions of dollars for discrimination. I don’t believe they are so smart they insulated themselves.
Yes, you can file an EEOC suit on your own but it is so much more effective as a collective group. With a class action you do not need to pay legal fees up front.
Don’t let the Dell trolls who are commenting scare you off. Dell has been very weird about this round of layoffs. They will not provide criteria used to determine who would be laid off.
It will cost you nothing. Stop being loyal to these SOBs who so easily threw you out like trash! They do NOT care about you! The severance was the absolute minimum as required by law. They aren’t heroes for offering it. DO NOT let them continuing using & abusing you!
Thank you! I’ve been shouting this since day 1!!!!!
What about the severance package? Are they going to make us sign away all our rights in order to get it?
Unless you have proof that’s the reason that you have recorded or in writing the best you could hope for is a small settlement probably equal to a severance package.
But Dell didn’t accept requests for WFR or the retirement WFR they had done in the past. Not sure if that would help or hurt a case. I’m sure there are lawyers who would go after it regardless in hopes of a big payday
The criteria for layoff (really, all Tech layoffs) is :
o Are you financially fine ? (single, divorced etc)
It's not just about cutting cost. They are collecting your data to train AGI.
Im over 50 and have not been laid off, all around me are team members from 22 to 60 been laid off, some in my team are 33 ish . .and it's not "just to make up the number". This class action is a waste of your time and money. Move on.
@lon+1lbITR5d C-Suite boot li---r.
This is just stupid. I am over 50 and laid off but do not feel I was because of my age at all, it is really a toss of the coin, but I suppose someone always has to file a lawsuit for something... Grow up and move on, spend your time and energy finding a new job not wasting your time on Dell...
You don’t need a lawyer to file an EEOC violation. You can do that for free and if you have a case they will assign a lawyer for you. I speak from experience. Don’t waste your time.
It would be great to see Dell called out on their shannigans. Doesn’t take rocket scientist to see what doing. How many 20-30 yr olds have said they got laid off scratching heads. There sacrificial lambs to attempt balance of all 50+ their canning.
what good way to waste your time and look foolish at the same time
they literally will provide you with a list of the demographics (age) affectd.
you are just chasing waterfalls at this point
OP if you read one thing today... let it be this! Run away from any lawyer thinking there "is cause" for anything age related. Anyone in the company can see the cuts ran through all ages and many senior employees remain. The lawyer will convince there is an argument and in reality will milk you for fees for the next 12 months and then tell you they can do nothing.
Keep your money and don't give it to some shyster.
I'm 58 and wasn't laid off. I know others who are older and they did not lose their job. Good luck, but I'm guessing age wasn't the reason for the lay-offs.
I don’t think this will be successful. I’ve seen so many younger people laid off this round. Numbers have got to be fairly even. I think the older people who’ve been laid off know other older people so their perception is skewed.
That’s interesting. How are you collecting data