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TX - layoffs disguised as mass firing?

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Drakkus

Guest
I (along with a large number of others) was fired last week from a large tech company. About two weeks prior to this, there was a layoff of 400 out of 5000 employess in a fully-owned subsidiary company.

My residence is in Texas, but the 'firings' have been occuring across the US. There was a local newpaper article the morning of the axe falling that stated the company performed these firings every six months, eliminating the bottom 'quintile' (20%) of performers, based upon regular 6 month performance reviews.

I, along with a majority of the other 'victims' I have contacted, have had excellent performance reviews prior to this performance-based firing. Several of us, myself included, have not received a review in a year or longer. One particular ex-employee has a very good performance review mere weeks prior to being fired based on performance.

I have requested a hard copy of my last performance review, a hardcopy of their justification in firing me, and a hardcopy of the contract I signed with them approximately 3 years ago when I was moved to full-time w/o overtime (I believe they call it non-exempt, or exempt, I can't remember).

I have a few questions:

Is this possibly a disguised 'layoff'? It looks like they are rubbing up against the WARN line. Supposedly, if the numbers add up like the article said, they should be 'firing' 20% of their 127,000 workforce. Several instances I am aware of seem to indicate they cannot demonstrate they fired all these people based upon performance, etc.

Do I have any recourse considering my lack of performance reviews (it has been about a year and a half since the last one I was aware of / informed of)? They quite clearly stated they fired me based upon 'performance', but all my reviews I have been given had me in the upper 20-40%. I also have documentation showing the raise I received less than 3 months ago was based on 'merit'.

They have offered me two-weeks severance, provided I sign a form I have yet to receive. I assume the form will state that I won't sue them for something.

I am considering organizing a class-action law suit to have them provide all of us the 60-day severance that WARN outlines (as 60-day notice was not provided). Is this a viable option? Am I misreading the WARN guidelines?

I also have information indicating there were 'protected groups' during this firing/layoff. It appears that everyone over 40 years of age was excluded from consideration. Is there any precedent for reverse age discrimination suits?

[Edited by Drakkus on 07-19-2001 at 02:21 PM]
 


D

Drakkus

Guest
Thought I'd also mention that I am more concerned with federal legislation in this matter, as it encompasses several states including Texas, Michigan, and California.

Please let me know if the WARN thing is a possibility; this would be the basis of pursuing a class action suit.

Thanks.
 

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