Do I have a shot for a Wrongful Termination case here here? Dont want to flare up this board, here is the case: 10 team members, 5 = Race A; 4 Race B; 1 = Mixed Race. Only Race B folks were let go. I am Race B - have a stellar performance record. Thoughts?
14 replies (most recent on top)
Wrongful Termination is so hard to prove - good luck though.
Are the members of group B here on Temporary Worker Visas vs group A which are permanent residents?
OP - if you can afford it, I think it would be very important for somebody to take on oracle to create awareness of oracle' conduct. Hopefully you'll win, but even if you don't you'll be doing the world a big service in holding their feet to the fire. All the best to you!
Speaking from experience with another company's layoff, you will find that an attorney enjoys billing you by the hour, running up many of thousands of dollars quickly. In the meantime, some Oracle corporate attorney on salary will merely respond and deflect any allegations, leading to MORE thousands of dollars out of your pocket as your attorney grinds on.
I doubt you will find a lawyer to take this "on contingency" - which would limit your cash output. Most will just bill you by the hour and tell you things you already know. So be prepared to open your wallet up wide as Oracle will be depleting it for you!
TRUE = "They only see green and have as many attorneys as they do developers"
Oracle is colorblind. They only see green and have as many attorneys as they do developers. I'm W, 58 and M. I got nuked today along with most of my co workers. Take the severance and move on.
You can take the severance package and still sue the company. It's just if you win there is no payout for you.
The OP here - thanks for the feedback - the plan is to talk to an attorney, I wanted to see hiw the board felt as well and if some folks had experience in this area. Given a several dozen lawyers who specialize in Wrongful Termination law (per Yelp) just in the Bay Area, this seems to be a thriving legal field.
I am aware it is a long shot and I have been blessed not to depend on the severance - will chew on this and see what happens.
Thank you all, this board has been helpful since last November when I first landed here.
Have a great long weekend...
Oracle is a company run by lawyers. Even if you try and sue they will fight you every inch of the way.
You didn't say what the races are, but if only the Whites were let go I doubt you have a case. Now if they kept the Whites and let go the non-Whites then you might have a case.
But for all its faults do you really think Oracle discriminates on the basis of race? The only color they care about is GREEN, so if they perceive you as someone who makes $$$ for them I doubt they left you go and keep a non-performer simply b/c they prefer that other person's race.
The quick answer is probably not. Oracle legal reviews the lists very carefully for such things. If you have serious concerns about wrongful termination, you should probably consult an attorney that specializes in wrongful termination. I'm sure you can find one that can take the information you have and do a quick analysis to determine if you have a legitimate case.
I suspect the likely answer will be that even if there is some small possibility of a real case, it may not be worth pursuing because you will risk your severance package and may wind up with extensive legal fees.
Unless you are a member of a protect class, that odds of success probably very low.
Performance isn't really a factor. It all comes down to positions being eliminated.
To elaborate on my earlier reply... I'm not trying to be cute or snarky, either. I would only trust an expert for legal advice. Amateur opinions from this board might mislead you or just be a distraction.
You may have a case here, but your chances for success are very slim. If someone sues, they will simply ask the court to look at the larger picture across all the orgs and will have no trouble showing that the layoff was politically correct as a whole...
You can probably get a free consult with a lawyer. That would be a lot better than asking random people on the internet.