Thread regarding Dell Inc. layoffs

any ideas to get myself to win the court in Ontario Canada?

If Dell gave you a big promise to keep you stay, but laid off you before paying the money soon. Should Dell keep his promise while still paying your benefits?

As below, I asked Dell to pay me the incentive cash right away after I was laid off, and HR said she would investigate and reply me. After I waited and argued a long long time, I was promised to receive the money in the next pay. After waiting a long time, I got a small part of the incentive cash. At last, I filed a case in Ontario small claims court.

My questions are listed below:

1: I signed the layoff document after receiving HR's words to investigate this case. It means I still have the right to claim my incentive cash. Right?

2: The settlement case on March 28. What documents should I prepare?

3: Any ideas to remind me to prepare this meeting?

In the future, you can contact me at fightdell@gmail.com if:

1: You want to know more info about this case to help me;

2: You do not know how to file a case properly;

If you cannot contact me, but you get more info regarding my case in a public place. The case number is: SC17000009960000 (filed on Sept 30, 2017 in Ontario small claims court).

Till now, my lessons from this case are listed below for you who wants to fight Dell:


1: Do not use EMC/Dell EMC/Dell Inc. You should use the local legal name, which is listed in your lay off document such as: Dell Canada Inc.

2: You have to send the documents to the site manager in person. Otherwise, you wasted your time.


Dear Sir or Madam,

Thank you for your time to read the complicated story.

I joined EMC in Dec. 2012, and I worked in Dell EMC since 2016. I was laid off in Jan. 2017.

I have tried to deliver the documents to Dell EMC 3 times, and Dell Canada Inc. received the documents for all 3 times.

  1. 1st time: On October 7, 2017 through the registered email;

  2. 2nd time: On December 7, 2017 by visiting the site manager;

  3. 3rd time: On January 4, 2018 by visiting the site manager;

I was promised to get a big incentive cash in March 2017, but I failed to claim it after trying to contact Dell many times. It is clear that:

1: At the beginning, my manager told me that this cash is used to keep the talent guys at Dell EMC;

2: Dell promised I would get the incentive cash on May 2 2017, but Dell changed;

3: On Jun 16 2017, Dell said they were discussing this case again;

I believe Dell Canada Inc. has enough time to prepare the defense document, but till now, I have not receive any defense mails from Dell Inc. yet, so I would like to apply the default judgment for this case between Dell Canada Inc. and ***.

If you have any questions, feel free to send me an email (*), or call me at ***.

Thank you very much!


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| 1975 views | | 14 replies (last ) | Reply
Post ID: @OP+S0pVu5A

14 replies (most recent on top)

You an type and ask until you are blue in the face. Nobody on this board knows the circumstances and details of your situation and if they did, nobody is qualified to help.

Get a lawyer or you are an idiot.

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Post ID: @6qez+S0pVu5A

You singed with the condition that you did not agree the contract regarding the incentive cash. You will win.

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Post ID: @6ofb+S0pVu5A

If you signed your paperwork... low chance of any lawyer taking up the case, if you have reasonable offer.

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Post ID: @5wmz+S0pVu5A

It’s probably because you were about to be due an incentive payment that you were laid off - at least in the US they wouldn’t owe you anything.

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Post ID: @2dvf+S0pVu5A

HR's responses looks so vague...

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Post ID: @2plg+S0pVu5A

Good luck!

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Post ID: @1ckm+S0pVu5A

See below, I was promised to get the money, but Dell changed several weeks later. The emails between Dell HR and myself should be able to convince the court?

Who can share a web page to query the typical court cases? If I cannot find, hope this case can be used by others in the future.


From: HR ***

Sent: 2017 5 2 21:43

To: ***

Subject: Re: Important: Incentive cash

Hi ****

It will be paid out next week. Once I confirm the date with payroll I will let you know


Sent from my iPhone

On May 2, 2017, at 9:42 PM, **** wrote:

Hello *,

I claimed this money at the beginning after I got laid off, but I still did not any answer yet.

Today, **, as I still believe DELL EMC is a good employer, and will not own me this small money.

I put my manager **** here, as he can prove the document I provided to you is not false.

Please ping each other, and give an answer when I can get this money.

Hope DELL EMC is a good company as we imagined. Let us try to be fair to the employees who stay and who left.

Thanks a lot for your help,


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Post ID: @qze+S0pVu5A

It is long term incentive cash. I have worked there over 4 years, and my performance was always +100%. In the doc, it is said I will receive it in March 2017.

I have all the email threads.


1/17/17

to ***

Hello ****

Thank you for your help.

I will try to find the paper signed by my manager if it is necessary.

...

Best regards,

**



Attachments1/17/17

to me

Hello ****,

I apologize for the delay as we are receiving a number of questions. Please see my answers below in yellow:

Regards,


From: ***

Sent: Monday, January 16, 2017 11:52 AM

Hello ***,

Good morning!

Hope you are very well.

Can you help to answer the following questions:

1: When can I get the incentive cash? – the cash incentive is calculated and paid out only after March 2017. Do you have a copy of this letter?

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Post ID: @fir+S0pVu5A

Get a lawyer

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Post ID: @ejb+S0pVu5A

Don't trust 'by words'. if you don't have a document written and signed, anything agreed in words is worthless. Probably you don't have rights to receive ' incentive bonus' because you're laid off. Maybe a proportion of profit share.

Good luck

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Post ID: @cop+S0pVu5A

Best of luck OP. Are you referring to your legacy MBO bonus (which presumably should be pro-rated based on your lay off date) or a long term incentive bonus?

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Post ID: @xpq+S0pVu5A

Unless you have it in writing from a Dell authorized person, you are screwed...

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Post ID: @yaz+S0pVu5A

good luck with the case. please keep us updated

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Post ID: @wsc+S0pVu5A

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