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HP and HPE Employment Lawsuits and Allegations - Age

(Updated Nov 10, 2021.)

Age discrimination lawsuit. If you were WFRed by HP or HPE at 40 years of age or older between Dec 9, 2014 and Feb 15, 2022 -- and did *not* sign the Waiver in order to receive severance or retirement benefits -- you may be eligible to join a lawsuit originally filed in 2016. (If AL, AR, GA, IN, MS, NC, or SD, first date is Apr 8, 2015.) Official notice: forsythhplitigation.com

Employment suits move very slowly -- the class action concerning EDS/HP overtime was settled after nine years, 79 depositions, and 1.5 million pages of documents -- paying an average of $950 each.

Make sure that every company you ever worked for has your current postal address. Even if not classified by the company as a "Retiree" or if long gone -- in case of pension plan changes, employment lawsuits, settlements, or other issues. (HP Inc. is the legal successor to companies bought by HP -- including Compaq and EDS. HPE is successor to companies it bought -- Cray, Nimble, etc.) Update address at former company

See also Employment Lawsuits for discussions of: your ability to sue the company, references on employment law, and summary of HP and HPE employment lawsuits and allegations.


2016 HP/HPE age discrimination lawsuit. Ongoing.  

Case has been running for five years -- only recently resolving the fundamental issue of which former employees can sue the company.

2016: Suit filed by eight former employees -- from CA, DC, IL, TX, WA, and VA; some of whom did not sign the Waiver and General Release Agreement to receive severance -- accusing HP and HPE of age discrimination in layoffs.  Original 2016 complaint

2017: The Court granted HP's motion to compel arbitration for the plaintiffs who signed WFR release agreements. [The number of plaintiffs rose to 193. Now down to five plaintiffs.]

2020: May 20 San Jose Mercury article

2020: August 24 defendants filed a motion to dismiss or strike allegations from the operative complaint, which the court denied on October 15, 2020. Defendants filed their answers on October 29, 2020.

2021: Court granted plaintiffs' motion for preliminary class certification -- allowing additional former employees to join the suit.

- The case excludes "...individuals who signed a Waiver and General Release Agreement or an Agreement to Arbitrate Claims."

- "Plaintiffs have defined the proposed collective against HPI as follows: All individuals who had their employment terminated by HP, Inc. (including when HP, Inc. was named Hewlett-Packard Company) pursuant to a WFR Plan on or after December 9, 2014 for individuals terminated in deferral states; and on or after April 8, 2015 for individuals terminated in non-deferral states, and who were 40 years or older at the time of such termination."

- "The proposed collective against HPE is defined as follows: All individuals who had their employment terminated by Hewlett Packard Enterprise Company pursuant to a WFR Plan on or after November 1, 2015, and who were 40 years or older at the time of such termination."

- HPInc/HPE and plaintiff attorneys have been ordered by the Court to develop a notice to be sent by a third party to potential plaintiffs. The notice and distribution process must be submitted to the Court by May 10.

- Once the notice is approved by the Court and sent, there will be a 105-day deadline for people to respond.

Judge's 4/15/2021 order [Summary of allegations on pages 2 through 5 and 7 through 12 -- with references to Whitman's statements.]


Most recent HPInc summary:

HPInc SEC 10-Q filing for July 21, 2021 [Single very long paragraph broken up and bold emphasis added for clarity.]

Forsyth, et al. v. HP Inc. and Hewlett Packard Enterprise. This is a purported class and collective action filed on August 18, 2016 in the United States District Court, Northern District of California, against HP and Hewlett Packard Enterprise alleging the defendants violated the Federal Age Discrimination in Employment Act (“ADEA”), the California Fair Employment and Housing Act, California public policy and the California Business and Professions Code by terminating older workers and replacing them with younger workers.

The operative complaint is the Fourth Amended Complaint, filed in July 2020.

By their complaint, plaintiffs seek to represent
(1) a putative nationwide ADEA collective comprised of all individuals 40 years of age and older who had their employment terminated pursuant to a WFR plan on or after December 9, 2014 or April 8, 2015, depending on state law; and
(2) a putative Rule 23 class under California law comprised of all individuals 40 years of age and older who had their employment terminated in California pursuant to a WFR plan on or after August 18, 2012.

Excluded from the putative collective and class are employees who (a) signed a Waiver and General Release Agreement at termination, or (b) signed an Agreement to Arbitrate Claims.

A similar purported collective and class are proposed for Hewlett Packard Enterprise, but the periods start on November 1, 2015.

Plaintiffs seek monetary damages in the form of back and front pay and benefits, liquidated damages under the ADEA, punitive damages under the state law claims, an award of attorneys’ fees, and other relief.

In December 2020, plaintiffs filed a motion for preliminary certification of the putative nationwide ADEA collectives, and the Court granted this motion on April 13, 2021. As a result, potential members of the ADEA collectives will be notified of their right to opt into the case to join the current thirty-six named and opt-in plaintiffs.

[Similar wording in HPE SEC 10-Q filing for July 21, 2021 ]


 

 


eWeek article  

Details: http://hpagediscriminationinvestigation.com


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