Dell complaints

[wtd15yrs]

From one ex-Dell employee Re: separation packages –

I was released from Dell after many years of dedicated service. This is based on my personal experience and I want to share what I have discovered over the past months, things I wish I had known when I was tossed out the door. This is not legal advice, just sharing information in hopes that it may help someone else.

The first question you should ask yourself if you are offered a package is, should I have the documents reviewed by an attorney. The answer is yes and it is important to talk to someone that is well versed in employment law due to the complexity. It is difficult to find an attorney in the Austin area that specialize in employment law and does not have a conflict due their previous relationships Dell.

Basic information, there is generally two parts to the separation package.

1. Payment in lieu of WARN Notice - this is a federal law which requires you to be paid 60 days’ compensation whether you sign the agreement or not in.

2. Consideration from Dell – the package will most likely include severance pay as well as other considerations and there is generally an assumption that all Consideration packages are equal and adequate. The truth is they may not all be the same and everyone has different circumstances therefore may be entitled to different considerations.

I would like to share the name of the attorney that I have found that specializes in this area of the law, Daniel B. Ross. Feel free to use this information or not, take it in the manner in which it is intended, to help each other, the way we did when we worked as a team at Dell.



Attorney’s Information:

Daniel B. Ross

1104 San Antonio Street

Austin, Texas 78701

Phone: 512-961-7570 or 866-754-0255

Email: dbr@rosslawpc.com

[gadgeTT]

I'm in the same situation whereby I was laid off after nearly 5 years of service. They are offering me "payment in-lieu of WARN" regardless of whether I sign the separation agreement. If I do sign, I will also get a "severance payment" which should be 60-days pay plus 1 week's pay for each full year of service. The separation agreement, though, lists my severance pay as only 4-weeks of pay (4 full years of service). When I spoke to my HR generalist, he was relatively clueless, but stated that the 60-days pay that is "in-lieu of WARN" is instead of the 60-days pay that would have been included in my severance payment. That doesn't make sense, since I should get the WARN payment regardless, and the severance payment should be completely independent.

Is this worth litigating? Times are tough, and it would be much easier to find a new job with a larger financial cushion that the extra 60-days pay would provide.

[dellc521]

Are you saying that you should receive 60 days pay(WARN ACT) plus another 60 days pay plus 1 week of pay for each full year of service? The people in Ireland got 6 weeks pay for each year of service up to 104 weeks. It was capped at 52 weeks until enough of them bitched and DELL doubled the cap. I do not know how it was done at ws1. I 've heard all kinds of different stories. One person was hired July 2008 and was laid off March 2009 and they reported they got offered $6,500. Another one was hired same time and laidoff the same time and told people they got $9,000. These two were not even there a year. Another one was a team lead he was there 5 years and reported he got $12,000. I am still there and if i ended up laid off, i'll report exactly what i get, so other pepole will have an ideal what to expect. A couple of the examples above blowed smoke up everyones asss. I think all they got was 60 days pay and two moths cobra (paid by DELL) and job placement. If anyone out there wants to share the truth on what they got fell free to share with us folks still working and will be laid off at the end of Q2.