I was laid off in September, 2016 and was I was well over the age of 50 as were just about everybody else knew that was laid off. To get our severance package we had to sign an agreement essentially giving up all rights to sue Cisco, etc. Cisco would not reveal the ages and other information regarding the profiles of people laid off until the agreement was signed.
I'm not a lawyer, but if enough people banded together to prove age discrimination, wouldn't these NDAs become void?
I too was laid off in 2016 and I was just a little over 50. As a matter of fact I saw at least 2 or 3 people laid off the year before me who were also above 50.
I guess one waived his or her rights to litigate in signing the severance package but it does not mean you cannot be a witness and provide details to a lawyers on how old you were and what your yearly reviews.
I was affected by the same round of layoffs... and I was 46. They did in fact send me a package with a list of every person in my department who were also laid off, their titles and their age. (But not their names.) I essentially got a severance package worth 3 months salary.. plus the cost of COBRA for 3 months.
@TbU1Mxz-3me -
You said "But as a business decision, it makes sense to scrutinize people that are over 45, have been with the company for over 10 years, and have decided to stay put. "
Those people are usually the repository of the institutional knowledge - getting rid of them over just money means the company is selling off it's brain.
It's also worth noting that they rarely lay off anyone old and expensive if they are an executive - how much money could they save if they canned 50% of the VP+ levels?
Actually there is always a list provided with the number and the age and the grade of other people impacted.
Do I think there is age discrimination going on? Most certainly. But as a business decision, it makes sense to scrutinize people that are over 45, have been with the company for over 10 years, and have decided to stay put. Sharpen yourself, stay on top, and report diligently on why you contribute ongoing value.
I thought they'd never let me go but got complacent and in the end did get laid off. Package was sweet, I found a fun job, and learned a lesson.
FYI I have heard of several people that went after Cisco despite signing that agreement, and got settlements. But the question is if it's worth the trouble. You better believe Cisco has good legal advice and they do fulfill every requirement to not be in trouble for broad age discrimination. You better have something else to build a case around.
Best thing you can do is move on and accept it. LR'd about a year ago; there is life after Cisco. Keep your skills sharp and always have a next plan in mind. There are no guarantees in life. Deal with it.
The severance form may be extortion if age discrimination is actually a valid complaint. If it is extortive, the form is (or would be) invalid. Keep in mind a company like Cisco would likely go to an outside law firm to litigate a class action or, individual discrimination claim and, that law firm would have substantial experience and success defending a client against age discrimination. The ex employee would be hard pressed to afford a large firm to represent the ex employee and thus, it would likely become a 33 ⅓ % of an award if the judgement was in favor of the plaintiff plus, expenses (that would increase exponentially with added class action clients). I suspect a company like Cisco who literally throws way $4Billion on their failed NDS purchase would deep pocket and extend the litigation into +7-10 years.
I was laid off in the October 2014 round. I signed the form to get severance but was also given a report showing the ages of those left off. At that time the Brad Reese blog was still going strong so it was a little of a comfort to read the comments of others caught up in the regular Cisco sh!t show. At this point Cisco lay offs are a company core competency.
I think no. Every one of those desiring to become complaintants in the Class Action is legally disqualified. Each waived rights to litigate upon signing one’s severance package.