#legal

Anyone in NY/NJ have a good recommendation that was successful dealing with this God awful company?

https://www.marketscreener.com/news/attention-long-term-five9-inc-fivn-shareholders-grabar-law-office-investigates-claims-on-your-b-ce7e5cd9d98cf025

Philadelphia, Pennsylvania--(Newsfile Corp. - February 26, 2026) - Grabar Law Office is investigating claims on behalf of long-term Five9, Inc. (NASDAQ: FIVN) shareholders as an underlying securities fraud class action complaint has survived a motion to dismiss. The investigation concerns whether certain officers of the company have breached their fiduciary duties they owed to the company.

If you have held Five9 (NASDAQ: FIVN) shares continuously since prior to June 4, 2024, you can seek corporate reforms, the return of funds back to the Company, and a court approved incentive award at no cost you whatsoever. Visit https://grabarlaw.com/the-latest/five9-shareholder-investigation/, contact Joshua H. Grabar at jgrabar@grabarlaw.com, or call 267-507-6085 to learn more.

WHY? A federal securities fraud class action was filed against Five9 and two of its Officers has survived a motion to dismiss. That Complaint alleges that Five9 (NASDAQ: FIVN), through certain of its officers, misrepresented the purported strength of the Company's net new business bookings and visibility into its installed customer base, and that when these statements were made, Five9 was in the throes of a "challenging bookings quarter" due to constrained and scrutinized customer budgets and sales execution issues, forcing the Company to cut its annual revenue guidance and take remedial action to address sales execution issues.

On February 23, 2026, a federal court determined, among other things, that "plaintiffs allege with particularity that defendants knew, and failed to disclose, that Five9 was performing below its own projections and expectations in the first half of 2024." Evidence presented is sufficient for plaintiffs to plead that certain of Defendants' statements about the strength of Five9's sales, including that "the net new side of our business is very strong" and "we are seeing very strong bookings momentum on the net new side," were false or misleading, and plaintiffs allege with particularity that defendants' June 2024 statements about macro factors were false or misleading. Plaintiffs further established a strong inference of deliberate recklessness or intent to deceive with respect to certain false and misleading statements.

Is changing that even legal?

anyone remember that arbitration agreement cigna waved in your face when signing employment papers?

how to take it back

Listen up people, we need to clear up this toxic work environment by documenting and reporting. First start with HR. Then legal.

Or just go straight to legal.

This is a comment I came across from a thread posted not to long ago. Thank you to the OP if you are reading this. It sad to say but it brings comfort for the misery and he-l I am in. Major karma points for you and blessings.

“It’s almost as if you wrote my story, though I’m in the middle of the mess. You absolutely know when there’s a target on your back. You absolutely know when you are shunned and isolated. You know when there is backstabbing because others are insecure and need someone else to blame. And all of it takes a toll. If you speak up, it’s used against you somehow. “Not a team player”, “these are areas you need to grow in”. If you don’t speak up you end up in a slow and silent downfall, and then that’s used against you, with the same line “not a team player”.
So I’ll just add one piece of advice to everything you’ve shared, DOCUMENT EVERYTHING!!!! Move in silence and keep factual note. Screen shot conversations, use Copilot, write down face to face interactions daily.”

Got laid off from the NY office a while back and only got 60 days notice. Apparently NY requires 90 days notice… has anyone experienced this ?

Here’s where it goes wrong:

1. It ki-ls specificity

Good reviews are specific.
Bad reviews say: “Consistently demonstrates strong teamwork and leadership.”

That’s filler. That’s what AI defaults to if you don’t feed it real input. And vague praise or criticism helps no one grow.

If a manager can’t point to:
• A project
• A missed deadline
• A tough conversation handled well
…then the review is noise.

1. It removes accountability

A performance review is leadership. If you outsource your judgment, you’re outsourcing responsibility. That’s weak management.

Employees can tell when feedback is generic. It erodes trust fast.

1. It avoids hard conversations

The real value of a review isn’t the document. It’s the conversation.

AI makes it tempting to soften, blur, or “corporate-speak” real issues instead of saying:

“You’re strong technically, but you’re not stepping up in meetings.”

Growth requires clarity. Not polish.

1. It creates legal and ethical risk

AI can unintentionally:
• Introduce biased language
• Overstandardize nuance
• Use phrasing that sounds formulaic and defensible instead of human and accurate

That’s risky in performance documentation.

Has anyone had any luck filing with the EEOC? Please share your story.

A judge denied the Teamsters' request for an injunction. This decision allows UPS to proceed with its driver separation plan. The order was issued Friday by Judge Denise Casper. The union had sought to block the program. UPS can now implement the separation initiative.

https://www.bizjournals.com/atlanta/news/2026/02/23/teamsters-loses-bid-to-block-ups-voluntary-layoffs.html

"Discretionary Time Off Guidance" by SM confirms the 200 hour cap on "time off" aka combined sick and vacation time. Unfortunately, this cap is in direct violation of the unlimited vacation and sick time policies of L3H and the US federal employment laws regarding compensation for time off. Any attorneys reading this who are interested in a class action lawsuit against L3H for current and former employees?

Let's celebrate the lawsuit in the spirit of EWeek - Transform Your Future

https://www.beckershospitalreview.com/finance/former-optum-director-found-guilty-in-1-2m-fraud-scheme-against-company/

Was the Oct-2025 RIF in compliance with the WARN Act? At least one law firm is investigating and below is the introductory paragraph from their notice. I've also recently heard more RIFs have take place this week and do not know the scale of the action. For any current and former Hitachi Vantara workers weigh your options.

"On October 31, 2025, Hitachi Vantara notified the California Employment Development Department of its decision to conduct a mass layoff at its facility in Santa Clara, California. The federal law, known as the Worker Adjustment and Retraining Notification (WARN) Act, requires covered employers to provide 60 days’ prior written notice to employees, their representatives, and certain government parties in the event of a mass layoff or plant closing. We are investigating whether Hitachi Vantara failed to provide at least 60 days’ notice before laying off 129 employees and, therefore, violated the WARN Act."

Source: https://straussborrelli.com/2025/11/05/hitachi-vantara-warn-act-investigation/

https://kstp.com/kstp-news/local-news/man-found-guilty-of-defrauding-optum-of-over-1-million/

So many have been generous in sharing what is happening for them and on their teams in real time. It's gut wrenching to watch. Please take good care of yourselves. If still in the office, get contact info or create text chains for your workgroup to stay in touch. If laid off, don't sign anything until you have a chance to review it. Check your local laws regarding length of time to do so. If appropriate, have an attorney review it. Resist any pressure to sign without those options. If you are impacted, as mentioned elsewhere, it's not your fault, you did not fail. Everyone was failed, right from the top.

Trump Justice Department should look into this for all businesses

https://finance.yahoo.com/news/t-sued-york-city-pension-183955729.html

They exceeded the 50 employee layoff in NJ and failed to file the appropriate paperwork with the state.

As a result, they’ve advised employees who were scheduled to be laid off in 2 weeks, that they will be on payroll for another 3 months.

The best part is, the additional 3 months still does not satisfy the law. So why don’t they file with the state?

The company must now pay 1 week for every year of service in addition to 4 additional weeks pay.

“No, simply keeping employees on payroll for an additional 3 months (or any period) does not satisfy or cure a failure to file/provide the required NJ WARN notice.
Under New Jersey’s amended Worker Adjustment and Retraining Notification (NJ WARN) Act (effective since April 10, 2023, with key changes from 2020 legislation), employers must provide 90 days’ advance written notice of a covered mass layoff, termination of operations, or transfer of operations. This notice must go to affected employees, their collective bargaining representatives (if any), the chief elected official of the municipality, and the Commissioner of the New Jersey Department of Labor and Workforce Development (via specific forms and methods).
The law does not allow “pay in lieu of notice” as a substitute for providing the actual advance notice. Unlike some interpretations of federal WARN (which imposes back pay liability for the violation period but doesn’t explicitly prohibit pay-in-lieu alternatives in practice), NJ WARN is stricter in structure:
• The primary requirement is advance written notice (90 days) to allow employees time to prepare, seek new work, or access retraining.
• If an employer fails to provide the full 90 days’ notice (or any required notice), the penalty is not avoided by paying extra wages or keeping people on payroll longer. Instead, each affected employee is entitled to:
◦ Mandatory severance (one week of pay per full year of service, calculated at the higher of their average rate over the last three years or final regular rate) — this applies regardless of whether notice was given.
◦ An additional four weeks of severance pay as a specific penalty for the notice failure (this extra four weeks is not prorated for partial notice; it’s all-or-nothing if the full 90 days isn’t provided).
Keeping employees on payroll longer might reduce some practical harm (e.g., they continue earning wages and benefits), but it does not fulfill the statutory notice obligation or eliminate the employer’s liability for the additional four-week severance penalty. The law emphasizes actual advance notification, not just compensation.
Federal WARN (which NJ WARN builds on but exceeds) similarly requires 60 days’ notice with no explicit provision for pay-in-lieu as a complete substitute, and violations trigger back pay liability up to 60 days.
If a company is in this situation, the best course is usually to:
• Provide as much notice as possible immediately (even if short).
• Pay the mandatory severance plus the four-week penalty if notice was deficient.
• Consult employment counsel, as employees cannot waive these rights without state or court approval, and claims can be pursued individually or collectively.
For the official statute text and filing details, see the NJ Department of Labor site (nj.gov/labor) or the 2023 amendments PDF. This is not legal advice—specific cases depend on facts like employer size (100+ employees nationwide), number affected (50+ in NJ), and exact triggers.”

Can anyone direct me on where to confirm in WorkDay / HR Central if I have a non-compete in place? I recall year over year attesting to one under Express Scripts; however since moving under Evernorth a few years ago, I don’t recall signing / attesting to one and cannot find anything in Workday.

California cardrooms face significant disruption from new state gambling rules. New state regulations were proposed by Attorney General Bonta. The industry expects to close blackjack games and lay off 13,000 workers. Local governments anticipate large tax revenue losses. The gaming association plans a lawsuit against the state.

https://www.presstelegram.com/2026/02/15/california-cardrooms-anticipate-thousands-of-layoffs-as-gambling-rules-change/

https://www.eisneramper.com/insights/tax/halting-international-relocation-employment-act-1225/

“ As drafted, the HIRE Act would create IRC Sec. 5000E, which would impose a 25% excise tax on any “outsourced payments” paid to a foreign person who performs services that benefit U.S. consumers. The tax would not be deductible under IRC Sec. 275. It would also disallow companies from deducting any of those outsourced payments under IRC Sec. 280I. Penalties to pay any excise tax would be increased to 50% a month and would not be subject to the 25% aggregate penalty limitation under IRC Sec. 6651(a).”

It's only a matter of time now.

https://finance.yahoo.com/news/kyndryl-faces-governance-turmoil-legal-091414134.html

I don't get it. Are books going to be cooked?

according to the 2025 nydfs supplemental filing, company spent $7M in out of pocket leg.al fees in 2024+$2M for l.aw division staff. $9m total not including insurance payouts\need to cut these excessive expenditures to save jobs.

I don’t want to post this but we’re not getting any answers at the store level. What is the protocol if ICE comes into a store? What do we do if customers get caught in the middle and get hurt? I have customers that ask me almost every day and I don’t know what to say to them.

I was fired from Qualcomm and they canceled my RSUs award plan.

I know probably they can cancel the RSUs I was awrded at the time of joining the company because those were tied to me keeping the job. But was right that they also canceled the stocks in was awarded after AR25? Were those tied to me keeping the job?

Strauss Borrelli PLLC is investigating Aludyne Inc. after reports of a potential mass layoff in Columbus, Georgia. The WARN Act requires advance notice for major layoffs, and as a result, some Aludyne workers may be entitled to 60 days of pay and benefits.

https://straussborrelli.com/2026/02/05/aludyne-georgia-warn-act-investigation/

• An Illinois steel company has ceased operations.
• The Illinois Department of Labor is investigating if the company violated the state's WARN Act.
• The company says it was unable to provide notice due to unforeseeable business circumstances.

https://www.pjstar.com/story/news/state/2026/02/08/illinois-company-under-investigation-after-closure-and-mass-layoffs/88546889007/

Since they announced the layoff at 3pm on Weds, and laid everyone off by 2pm Thursday, wouldn’t that violate the WARN Act? Don’t they have to give a 60 day notice?

One interesting use case for AI is to analyze all merger of equal transactions, notably WPX and Coterra with Devon. ChatGPT seems to think there is a possible claim to be made that Devon employees should be entitled to change of control severance since WPX and Coterra employees were also entitled to COC. I’m not saying Devon employees who are severed should pursue legal action, but they should consider writing their legal documents differently.

Given how much Devon’s presence means to okc you’d think they’d treat their employees better. There’s also probably some TIF clawback provisions okc could go after if someone from the news wanted to run with this.

Please look into joining either CWU or Prospect and seek legal clarity on this issue — it has real legal significance.

In the UK, if compensation terms are contractual and are materially changed without employee agreement, there may be legal implications beyond unionisation, including potential claims such as constructive dismissal or unlawful deduction of wages.

Before taking anything public, you should:
• Speak to a union organiser for guidance.
• Review the compensation plan wording carefully to determine whether it gives management discretion to make changes.
• Preserve all written evidence of previous compensation structures and related communications.

This should be approached carefully and with proper advice.

Please join a UK Trade Union and seek legal advise from the Trade Union immediately.

We are currently in the early stages of seeking formal union recognition. In the meantime, we strongly encourage you to protect your employee rights by joining a trade union.

Please do not discuss Union membership on Dell systems. Dell management does not have the right to ask you about your Trade union status.

Please be patient as we get organised. UK law is on our side.

Five former Dell Technologies employees have filed a lawsuit against the company, alleging that poor oversight of its 401(k) retirement plan led to massive losses for workers. The complaint, filed on Jan. 28 in federal court in Austin, Texas, claims Dell failed to properly manage the plan and cost participants more than $318 million.

According to the proposed class action, Dell violated the Employee Retirement Income Security Act by continuing to offer investment funds that consistently underperformed, even as stronger and less expensive alternatives were available. The plaintiffs argue that this prolonged inaction put employees’ retirement savings at risk and eroded long term returns.

Now that you have been acquired by Texas Instruments, allow me to foreshadow what’s in store based on how the Lehi acquisition went.

66% of you are getting laid off. No one is safe. Start looking NOW!

Your leadership will tell you how great TI is. How we do not do layoffs and have great profit sharing of 20%. This is a LIE. We have quarterly layoffs and profit sharing has been severely curtailed for 2026.

Older employees will be “managed out“ to avoid illegal age discrimination. Document everything! Save every email! Do not sign any forms without consulting a labor lawyer! HR IS YOUR ENEMY!

You will be encouraged to bust your butt during the transition. Don’t. You are probably going to lose your job. Spend that energy finding a new one.

They sent me a disclosure telling me for 90 days although I am currently within a lay off period I am not allowed to work for another firm.

First question is how tf would they even know if I got another job?
Isnt this illegal?
This place is the worst place I think I ever worked, in a way im glad the lay off came.

I realize the USA is 30-40 years behind other countries in terms of protecting employee rights from abusive and unfair working conditions, but has anyone looked into the legality of this new comp plan? Is it even legal?

Whatever happened with this?

Project Mongoose was supposed to wipe out many jobs in 2025 and replace them with AI. And from 2026 onward, we were supposed to have at lease 1-2% in layoffs every year.

So far I have heard that there are no layoffs planned. I have also heard that lists to lay off employees are being created and they'll lay off as soon as they get a green light. I have also heard that Betriebsrat and HR and executives are taking legal action against each others regarding layoffs. I have also heard that they are empowering managers to give a bad performance rating to anyone they want gone and use this new performance management to lay off employees every year.

I also heard that many colleagues in the US were laid off but when I ask my manager, she says it is fake news and I should focus on my work.

What happened to Project Mongoose?

PS: I would prefer non-political answers. Also, please keep your racism to yourself.

In a powerful legal complaint filed this month in federal court in Denver, AP, a former admissions representative for Colorado Technical University (CTU), alleges that the for-profit, online school, owned by giant Perdoceo Education Corp., systematically deceived and abused students.

https://www.republicreport.org/2026/ex-recruiter-sues-for-profit-college-chain-perdoceo-alleging-systematic-fraud/

https://nypost.com/2026/01/26/business/citigroup-sued-by-former-executive-who-says-it-mishandled-s-xual-harassment/

Legal counsel is currently evaluating the legality of the newly implemented vehicle program and is considering the initiation of a class action lawsuit. An email intake will be created for interested parties seeking to join the action. Comment if interested, so have an idea if we have the numbers.

Kristi Moody, the legal brain who said it was OK to spin off the REIT, and that we'd win the lawsuit that we actually lost and put us into bankruptcy.... Has left the building.

A casualty of restructuring the department.

Adios Kristi. Best of luck in your new endeavors.