By J. Gary Gwilliam
“The odds of this many older employees, over 40, being laid off were 1 in 1,091,000.” – Randall Strauss attorney Gwilliam, Ivary, Chiosso, Cavalli, & Brewer
In order to understand the injustice of the Lawrence Livermore National Security (LLNS) layoffs of 430 employees in 2008, it is essential to weigh some of the initial facts surrounding this case. Phase II of our trial Andrews v. Lawrence Livermore National Security, LLC (LLNS) and Lawrence Livermore Lab, the second trial for the five plaintiffs, focuses on disproportionate age discrimination claims.
Facts Surrounding Lawrence Livermore Lab Layoffs
The following facts begin to paint a picture how LLNS disproportionately laid off workers 40+ in an age discriminatory manner.
Layoff History: prior to the LLNS layoffs in 2008, Lawrence Livermore Lab had not had a layoff in over 30 years
How Many Laid Off: LLNS laid off 430 employees
Lawrence Livermore National Security: LLNS a private company, that includes investors University of California and Bechtel, is tasked with managing Lawrence Livermore Lab. LLNS is not the government
Department of Energy: DOE did not order the layoff of workers at Lawrence Livermore Lab (LLNL)
3161 Planning: this is a plan required by law to be developed whenever there is a possibility of a layoff. The DOE informed all the national security labs in the U.S. to begin preparing 3161 plans. October 2007 the DOE informed LLNS to prepare their plan
Goal of 3161: the goal of the 3161 plan was to do everything possible to avoid a layoff
Layoff Decisions: the DOE allowed LLNS to decide how many employees would be laid off if anyone at all
Plaintiff’s Job Performance: the plaintiff’s job performance was not an issue in this case
Performance Ratings: all plaintiffs were rated good to excellent in their job performance reviews by management before the layoffs. Workers made life long contributions, stayed current in their job skills, and accrued seniority which was considered an asset at the lab
Job Functions: all job functions performed by laid off plaintiffs continued after they were let go
The plaintiffs’ work was above standards and relevant to the Lab’s success. They were not slackers, they maintained their skills through continuous training, and these plaintiffs cared about the quality of their work and were proud of their contributions to the success of Lawrence Livermore Lab.
Gwilliam, Ivary, Chiosso, Cavalli, & Brewer
If you are interested in information regarding this case or if you have questions about legal issues with your employment, please contact attorney J. Gary Gwilliam or attorney Randall E. Strauss of the law firm of Gwilliam, Ivary, Chiosso, Cavalli & Brewer 510-832-5411 ext. 233 or GGwilliam@giccb.com
Tri-Valley Cares needs to be on this if they aren't already. We need to make sure that NNSA and LLNL does not make good on promises to pursue such stupid ideas as doing Plutonium experiments on NIF. The stupidity arises from the fact that a huge population is placed at risk in the short and long term. Why do this kind of experiment in a heavily populated area? Only a moron would push that kind of imbecile area. Do it somewhere else in the god forsaken hills of Los Alamos. Why should the communities in the Bay Area be subjected to such increased risk just because the lab's NIF has failed twice and is trying the Hail Mary pass of doing an SNM experiment just to justify their existence? Those Laser EoS techniques and the people analyzing the raw data are all just BAD anyways. You know what comes next after they do the experiment. They'll figure out that they need larger samples. More risk for the local population. Stop this imbecilic pursuit. They wan...
Comments
The root cause of these lawsuits is the labs long term and continuing inability to do effective performance management. This is a disservice to the country, our sponsors and the employees as well.
There have been some signs of improvement recently but with Parney gone it's hard to be confident that things will continue to improve.
POS
This is a complete lie as I worked with some of the people who got let go. I can assure you they were slackers in every sense of the word.
Mediocre performance = tolerated/encouraged. Excellent candidate for he golden boy/girl network.
Good performance = suspicious/possible agitator - makes the rest look bad - put them on a watch list.
Walks on water = bad gov contractor fire him immediately - really makes the rest look bad. If not easily fireable, marginalized them and get help of HR to create a hostile work environment for them.
Any performance + (Age > 40) + (not a golden boy/girl) = poor performer - fire them all
Mediocre performance + any age + golden boy/girl = superstar - promotions and LDRD galore - these are the "new" "walks on water!!!!" Kinda like the "new math". After all, they are golden boys/girls.
Golden Boy/Girl -> rewards -> promotions -> justifies them being a Golden Boy/Girl.
As you all can see, government spying on online gaming is much more than just rooting out terrorism. It's about life's journey, and the search for true love. Shaquonda level 1 Orc, if you are out there reading this message, POS would like to get in touch with you. he woukd like to see you again. And he is possibly probably interested in a round or two of cyber if you're game. Who ever knew green skinned orcs could look so un-repulsive.
http://blogs.discovermagazine.com/neuroskeptic/2010/11/24/the-9-circles-of-scientific-hell/#.Uqj0EfRDtGQ
Dante's 9 Circles Are:
Limbo
Lust
Gluttony
Greed
Wrath
Heresy
Violence
Fraud
Treachery
The 9 Circles of Scientific Hell are:
Limbo
Overselling
Post-Hoc Storytelling
P-Value Fishing
Creative Outliers
Plagiarism
Non-Publication
Partial Publication
Falsification
I will have to admit that I'm not sure which one of the two hell models is the most appropriate. I suspect both are equally applicable.