Thread regarding Qualcomm Inc. layoffs

It's usually not a "class action" in such a case, but a "collective action." It only works if everyone's issue turns on the same or very similar facts. Otherwise, the cases have to be brought individually. Individual cases on this type of issue are usually turned down by employment attorneys. It's often considered an economic issue, so the damages are not generally as great or easily proved, nor are there automatic punitives as in race, gender, or age discrimination. The issues related to performance evaluations are more technical than something like wage and hour violations--which makes jury trials all the more problematic. The courts also tend to presumptively favor the employer's right w/r/t performance evaluations--with only a few narrowly drawn exceptions. In some cases, Qualcomm would fall within these exceptions. But proving it would require extensive discovery and experts. Qualcomm has a reputation in the local district court for delaying/noncompliance with discovery. Experts are expensive. We're talking well into the six figures for legal IT discovery specialists and experts on everything from HR Specialists, Business Ph.Ds in management practices, to psychologists who understand the psychometrics of employee performance, to statisticians and others who measure the various flavors of invidious discriminatory behavior. And you'll also need enough attorneys on your side to handle all of the paper that Qualcomm will throw at us. An alternative is getting a bunch of people together with the same or similar actions, and filing serial actions, and requesting consolidation. So how much do you want to blow on this shindig? And are there enough of you to make this work without blowing your life's savings?

There needs to be a class action lawsuit as phony PIP's are prevalent and discriminatory at Qualcomm. They decide who they want to get rid of and then assign an excessive workload and give poor performance reviews.

Due to firing/hiring practice of replacing US white workers by Indians, QCOM should be prosecuted.

1jsj--Correct. And proving it by the preponderance of evidence is difficult. The least of your problems is getting a Right to Sue letter from both the state and the EEOC. They give a letter to practically anyone who is breathing. And the fact that a business chose to hire H1B workers over people like you is not prohibited discrimination because it has a permissible economic measure. It's cheaper, so it is justified under the business judgment rule. It has been tried before and failed.

Also, in determining "objectively intolerable working conditions," the operative word is "objectively." In other words, the conditions have to be so intolerable that anyone would find them intolerable--not just you. Usually these "hostile work environment" claims are only effective where women have been asked for sexual favors to get a raise or keep a job, or where the discrimination was overt, and witnessed by many others.

Finally, in fighting these cases, Qualcomm is not above making up facts that justify their actions or make plaintiffs look bad. So yes, those bad reviews you get despite doing more than someone who consistently gets rated a "7" actually serve a purpose. You probably never ordered your employee file, did you.

Many whites got terminated at Qualcomm because they aren't Indians. Qualcomm should be prosecuted.

Ok fine, but you must be able to PROVE that you were wrongfully terminated (by discrimination or retaliation) otherwise you have nothing. Am I right? Big gamble with your money especially if your not employed.

What's the point of this?