Age discrimination lawsuit

Anonymously contributed:

130 Former Lawrence Livermore Lab Employees File Lawsuit in Alameda County Superior Court Alleging Illegal Age Discrimination


OAKLAND, Calif., May 21 /PRNewswire/ -- On May 21, 2009, the Law Firm of Gwilliam, Ivary, Chiosso, Cavalli & Brewer filed an age discrimination lawsuit in Alameda County Superior Court Case Number 09453596 on behalf of 130 former employees against Lawrence Livermore National Security, LLC (LLNS) , the private company co-owned by Bechtel and the University of California that operates the Lawrence Livermore National Lab.

On May 22 and 23, 2008, LLNS laid off approximately 440 employees, the vast majority of whom were the Lab's most senior, experienced employees. California law prohibits discrimination in the workplace against any employee who is over the age of 40 years old, based upon that employee's age. 130 of those employees have retained Gwilliam, Ivary, Chiosso, Cavalli & Brewer to challenge the layoffs. These former Lab employees include administrative assistants, maintenance workers, engineers and senior scientists. The 130 employees filed one lawsuit, but are seeking damages based upon their individual circumstances. These are consolidated cases; it is not a class action lawsuit.

The former employees contend that they were selected by the Lab to lose their jobs because they were older workers (over 40) who were approaching their retirement age. As a result, these former employees are out of work at a stage in life when finding new employment is particularly challenging. Most of these workers have suffered a severe financial hit in the amount of retirement income and benefits they will eventually receive because of their forced, premature "retirement."

The laid off workers contend that the Layoff selection process utilized by the Lab was illegal. The former employees contend that the Lab did not follow Federal Law by seeking voluntary separations to eliminate the need for any layoffs.

Furthermore, approximately 94% of those laid off were over the age of 40, making them "protected employees" pursuant to California's anti-age discrimination laws. The Lab ignored its own polices to target these older workers because of their advanced salaries and approaching retirements.

Today, these targeted older workers are fighting back by filing this lawsuit in Alameda County Superior Court.

According to J. Gary Gwilliam, lead counsel for the former employees, "It's unfortunate that the Lawrence Livermore Lab, the University of California and Bechtel Corporation would treat their employees in a discriminatory manner. I don't think the Department of Energy, with whom they contract, would approve of such conduct. These entities should be setting the highest standards of fairness in the workplace, not the lowest. We are confident the Court will correct this obvious injustice."

In addition, several different plaintiffs allege different kinds of discrimination including race, gender, disability, family leave rights and sexual orientation as well as retaliation. The complaint also alleges intentional infliction of emotional distress, breach of contract and the breach of the covenant of good faith and fair dealing.

CONTACTS: For more information and a copy of the complaint please contact J. Gary Gwilliam, Esq., Randall E. Strauss, Esq., Jane Felice Gorelick

Gwilliam, Ivary, Chiosso, Cavalli & Brewer, A Prof Corp.
1999 Harrison Street, Oakland, California
(510) 832-5411

Kiss your retirement good bye!

Anonymously contributed:
This is the type of BS that's going on behind closed doors under the Obamanation reign. You can say goodbye to your retirement and here's where you can find the author's name. IMHO it's time to end the terror this Socialist Republic of California is bringing upon the working class and put idiots like this and his followers out to pasture for good, by any means you feel fit for the circumstance. I for one will turn my head the other way. It's time for tea party's to start forming across this nation that'll emulate those of the original Boston tea party, forcefully leading to what in todays PC world will be known as a _"reorganization"_ of the entire system, and the removal of all those who endorse taxation without representation.

Authors of bills like this evidently view the common man as a peasants to be used as an endless source of income. This income for the state in their view is to secure what they deem as necessities, but in reality are to be used to secure their personal well being, self righteousness and survival.

It's very evident that now's the time to become well armed, become proficient and fight crime, one shot at a time. As you can see our most dangerous enemies are at the top of the food chain and in some cases elected by those who live with blinders and self preservation in mine, on the backs of those who've earned every dime. Welcome to Socialism.
Legislative Office Analyst's review

One year after the layoff...

Anonymous wants to know how the folks that were laid off almost a year ago are doing?
Where are you now? Are you happier? Going through hardship? drop a line!

NIF dedication theme song

Anonymously contributed:

I've found the perfect theme song to be played at NIF's May 29th Dedication just before the V V I P takes the grand stand

NIF Dedication Theme Song

Good old boys' culture still alive and well

One of the rays of hope I saw in this privatization was the fall of the good ol' boys' culture and seeing the Lab run like a real private company.

This culture is seen in the up hill battle to consolidate services and insfrastructure due to lack of cooperation. Publicly, there is lip service on the merits of consolidation. Privately, many divisions and groups run like companies within the company, looking out for themselves and not LLNL's benefit.

The culture is seen in the egotistic attitude of "we are smarter than the other groups and departments". COMP for example has an incredible prefrence for COMP people when hiring, regardless of qualifications. Just count how many EBAs were shoved in jobs they had no interest in last year while they were plenty of qualified people from other directorates.

I had a manager tell me once about another manager, when I offered a way to resolve an issue for the other Manager:"Let her worry about climbing her own hill".

It is going to be 2 years now and it has not changed much. Will it change?
Will we become a real company where the interest of the institution comes first?


You probably see this culture under many other faces. Would you care to share?

Scooby

Wake up everybody!

Wake up, wake up! With the state of laboratory, in terms of morale and what LLNS has been doing with retirement benefits, is any one surprised? The laboratory was turned over to private hands. As wall street items have demonstrated (think AIG and others), top personnel only consider their best interests and making a buck. The LLNS managers now operate under a different environment than past LLNL management. Concern for the people working for them? Be serious, does that have anything to do with making a buck, or 'stream lining'. That emotion of 'caring' just gets in the way. I would imagine that if a manger shows that they 'care' about their people, they have started the walk down the plank.

In terms of the retiree benefits that LLNS immediately went after. It is doubtful if LLNS sees them as people. Most likely the retirees are seen as a left over 'nuisance', to be dealt with according. The loyalty of past workers, and that of current workers is no longer an item to have value. Past workers were motivated by the love of their job, the 'campus atmosphere', having a good set of benefits, and doing something for the country. In many cases people could have made more money in private industry, but they chose to stay with the laboratory. They felt at home. The situation has drastically changed with the arrival of the LLNS bureaucracy. The trust, the value system, the benefits, and the work place 'happiness' factor are on a drastic descent. If you were on an airplane, it would be time to strap on the parachute.

LLNS is not about making workers feel comfortable, or exited about working at the new 'lab', it is about profit making, by any means necessary. Smart workers who take this attitude with their salary/work abilities, will be appreciated better outside of the laboratory.

With all of the stripping away of the veneer that constituted LLNL, the management of LLNS keeps giving less reason for workers to stay with them. For workers, considering a long relationship with LLNS, they need to look at how LLNS is handling the retirement benefits of current retirees. They need to glimpse how they will be treated. They need to be concerned.

When will managers be promoted based on competency and not seniority.

Anonymous said...

Managers seem to think it is their right to be a manager, no matter how incompetent and useless they are. Take some of the capable younger managers and promote them up and layoff the excess useless managers. Then we can get things done around here.

May 18, 2009 11:14 PM