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2016 HP/HPE age discrimination lawsuit. Ongoing.
(Nov 2, 2023)
HP/HPE age discrimination allegations. 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 have been eligible to join a lawsuit originally filed in 2016. (If AL, AR, GA, IN, MS, NC, or SD, first date is Apr 8, 2015.) At the time, the official notice was at: forsythhplitigation.com Posted on the HPAlumni-Finance Forum 11/16/21.
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 the legal successor to 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 overall legal successor to companies acquired by Hewlett-Packard before the company was split into HP Inc and Hewlett Packard Enterprise, including DEC, EDS, 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.
Status as of Nov 2, 2023
Work in progress. Need to search for "ADEA" in this settlement -- and untangle the April 13, 2021 stuff
Plaintiffs and Defendants have proposed a settlement that is scheduled to be approved by the Court on Oct 26, 2023.
Document 423 Filed 04/13/23 ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY CERTIFICATION
Filed 09/21/23?
- Plaintiffs’ Unopposed Motion For Preliminary Approval Of Class And Collective Action Settlement. Document 526
- Order Granting Preliminary Approval Of Class Action And Collective Action Settlement. Document 528-0
The two settlement classes...
The HP Co./HP Inc.
California Class: All individuals who had
[Footnote ]1
their employment terminated by HP Inc. (including when HP
Inc.
was named Hewlett-Packard Company) in California pursuant to
a
WFR Plan between August 18, 2012 and February 15, 2022, and
who were 40 years or older at the time of such termination.
As
provided in the operative Fourth Amended Complaint [Dkt. No.
389] (“FAC”), excluded from the HP Co./HP Inc. California
Class
are: (a) individuals who signed a Waiver and General Release
Agreement (as defined in the FAC, n.1); and (b) individuals
who
signed an Agreement to Arbitrate Claims (as defined in the
FAC,
n.2).[Footnote 1]
In addition, any individuals who previously signed
agreements that waived and released the claims asserted in
this
action are excluded from the HP Co./HP Inc. California
Class.
The HPE California Class: All individuals who had their
employment terminated by Hewlett Packard Enterprise Company
in
California pursuant to a WFR Plan between November 1, 2015
and
February 15, 2022, and who were 40 years or older at the
time of
such termination. As provided in the operative Fourth
Amended
Complaint [Dkt. No. 389], excluded from the HPE California
Class
are: (a) individuals who signed a Waiver and General Release
Agreement (as defined in the FAC, n.1); and (b) individuals
who
signed an Agreement to Arbitrate Claims (as defined in the
FAC,
n.2). In addition, any individuals who previously signed
agreements
that waived and released the claims asserted in this action
are
excluded from the HPE California Class.
who disclaimed in a legal proceeding any interest in
participating or intent to participate in this
action.
Schedule of selected events:
- Deadline for Settlement Administrator to mail Notice --
November 20, 2023
- Deadline for California Class Members to submit request
for exclusion or object -- January 22, 2024
- Fairness Hearing -- March 28, 2024, at 9:00 a.m
History. Case ran for
five
years
before resolving the rather basic 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 . July 9:
Fourth Amended Complaint
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.]
Dec 6, 2022 HPInc summary:
HPInc SEC 10-K Annual Report filing Dec 6, 2022 [Single very long paragraph broken up.
Bold emphasis
added for clarity. HPAA comments added in square brackets.]
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 (“HPE”) alleging the defendants violated
federal and state law by terminating older workers and
replacing them with younger workers.
In their most recent complaint, plaintiffs seek to represent
(1) a putative nationwide federal Age Discrimination
in Employment Act (ADEA) collective comprised of all former
HP Inc. employees 40 years of age and older who had their
employment terminated under a WFR plan in or after 2014 or
2015,depending on state law; and
(2) a putative Rule 23 class under California law
comprised of all former HP Inc. employees 40 years of age
and older who had their employment terminated in California
under a WFR plan in or after 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.
Similar claims are pending against HPE. [For HPE, the periods start
on
November 1, 2015 -- the date of the HP/HPE split.]
Because the court granted plaintiffs’ motion for preliminary
certification of the putative nationwide ADEA collectives, a
third-party administrator notified eligible former employees
of their right to opt into the ADEA collective. This opt-in
period closed on February 15, 2022
[As of April 13, 2021, there were thirty-six named
and opt-in plaintiffs.]
Details were on plaintiff law firm's
site, which is no longer online. See
copy on
Internet Archive .
Question? Email:
info@hpalumni.org
,
and the next case management conference is anticipated to
set discovery timelines for the remainder of 2022. Plaintiffs seek
monetary damages, punitive damages, and other relief.
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