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2016 HP/HPE age discrimination lawsuit. Ongoing.  

(Updated Mar 7, 2022)

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 legal successor to the 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.

Case has been running for more than five years -- only recently 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

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 Jan 31, 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, 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.

[As of April 13, 2021, there were thirty-six named and opt-in plaintiffs.]

eWeek article  

Details: http://hpagediscriminationinvestigation.com

Comments: info@hpalumni.org

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