Thread regarding Western Digital Corp. layoffs

Legal Rights When Laid Off

Here is an article that discusses an employee's rights when they are laid off: />

A quick summary:

  • WD can lay you off for any business reason. They can also lay you off for discrimination - your gender, race, age, having a disability, etc. - as long as there is no proof, and they can tell a story about why there is business justification to eliminate your position.

  • While the article doesn't say this, if you have evidence that the company laid you off as RETALIATION, you have a stronger position. Retaliation can be for reporting wrongdoing to the company, and you think the company then lays you off because of that. Some say this is the best argument an employee can have.

  • To challenge the lay-off, you have at least two options. One is to go into arbitration (the employment probably requires arbitration instead of going to court). The other is to report WD to the Equal Employment Opportunity Commission (/ The EEOC will then conduct an investigation to see if WD discriminated against you. Better have good evidence of discrimination if you want to win, either way.

  • There is an age discrimination lawsuit against HP. In that case, they have statements from the President of the company saying they were going to replace older workers with younger workers. If you have that kind of evidence, you might win. />

  • Finally, challenging a lay off takes time (up to a couple years) and money. And, you might lose your WD severance pay if you challenge the lay off and lose.

In short, the company is in a strong position in a layoff - both legally and financially. But, as the HP employees have shown, it is possible to challenge layoffs for discrimination if there is good evidence.

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