back to article Meta's mass layoff severance agreements illegal, says judge

Separation agreements Meta gave to employees during mass 2022 layoffs are illegal, a US judge has decided, and the reasoning could have implications far beyond Zuckercorp. National Labor Relations Board (NLRB) administrative law judge Andrew Gollin issued a decision [PDF] on Friday, finding Meta's separation agreement violated …

  1. Anonymous Coward
    Anonymous Coward

    I understand now why

    Emperor Elon Musk the Wise is funding Trump to the tune of $45M/month.

    The Orange Jesus will abolish the NLRB on Day 1 as a Dictator. Money well spent in his eyes.

    1. Anonymous Coward
      Anonymous Coward

      Re: I understand now why

      The overturn of the Chevron decision should have prevented this judge from reaching this decision. Meta will appeal and win (and I'm not a fan of Meta.)

    2. Anonymous Coward
      Anonymous Coward

      Re: I understand now why

      You left out the adjectives "Glorious" and "Most Perfect" ** - please people downvote this socialist fellow traveller.

      **for both of them, but you could chose just one extra for Elon Lord High Martian.

    3. Jellied Eel Silver badge

      Re: I understand now why

      The Orange Jesus will abolish the NLRB on Day 1 as a Dictator. Money well spent in his eyes

      The TDS is strong in this one. Why are you assuming Trump will win? The Democrats now have Harris, unburdened by a has been..

      Plus Trump may not be a fan of the spender of Zuckerbucks. And as the board & counsel is appointed by the President, surely it would be more evil to stack the NLRB so that any appeal by FaceMelta fails. Or perhaps Trump will decide that FaceMelta has too much power over (anti)social media and call for it to be broken up. After all, it's a competitor to his own social media business.

      1. Groo The Wanderer Silver badge

        Re: I understand now why

        The polls very strongly suggest otherwise now that Biden has bowed owed out. But you're right about one thing - the US has found a saviour - it's just definitely not the Orange Menace and his promises of revenge...

  2. ecofeco Silver badge
    Big Brother

    No worries

    An appeals court will just rescind this judgement and the Supreme Court has already ruled that ALL the watchdog agencies no longer have any real power.

    The U.S. is FUBAR'd.

    1. Anonymous Coward
      Anonymous Coward

      Re: No worries

      No, we're not. At least not those of us who are worth anything. The inept are going to be fucked.

      1. ecofeco Silver badge

        Re: No worries

        Main character much?

      2. veti Silver badge

        Re: No worries

        Yep, because you're not dependent on anyone else for anything, right?

    2. Bebu Silver badge
      Windows

      Re: No worries

      The U.S. is FUBAR'd.

      I suppose the rest of us should look up Medize although things aren't looking too clever behind our bamboo curtained Media.

      Everything everywhere seems to be in rather a mess, somewhat I imagine a Boris Johnson attempt at rôti sans pareil* would look like, if anyone were daft enough to let him near an actual kitchen.

      a talent that could arguably stuff up stuffing things up

      * a Turducken on steroids as it were.

  3. Doctor Syntax Silver badge

    "According to the NLRB, approximately 7,511"

    Why don't they stop messing about and give precise numbers?

    1. Number6

      Because if it turns out they missed one, or another one arrives between writing the press release and publishing it, they'll get roasted for being wrong. I almost never make a definite statement for the same reason, because people, especially the media, often forget the implied "to the best of my knowledge and belief". Saying "approximately" instead saves several seconds and avoids the need to type a few letters.

      1. veti Silver badge

        They could have said "over 7500", and saved even more letters.

      2. Doctor Syntax Silver badge

        "Because if it turns out they missed one, or another one arrives"

        Of course. But the sensible way to deal with this is to round the number sensibly and say "about" or "above". Don't state it to a degree of precision you aren't confident you've achieved. "About 7,510" gives a sense of the scale of what they're talking about without looking silly on the one hand, or being caught out on the other.

        1. Anonymous Coward
          Anonymous Coward

          round the number sensibly and say ...

          Probably. However, the original phrasing suggests to me that what they really mean is something like "by our count it is 7511, but there might be others"; which the rounding/about wording doesn't really quite match, being more vague.

          But I agree that "approximately 7511" is not the best shorthand wording, although atm I can't think of better...

  4. Anonymous Coward
    Anonymous Coward

    Thats how

    Mark Facebook stays so rich. Worth billions but fuck the little people that help him make the billions.

    Sadly, as he still owns the controlling shares, they'll never be able to fire him.

    1. Mike 137 Silver badge

      Re: Thats how

      "the little people that help him make the billions"

      Surely, the little people who made the millions for him -- I doubt he did much personally towards those millions other than hiring said little people and paying for their skills and talents. Too many CEOs get credited with "creating" corporate success, whereas they were merely in post when that success was created by the rank and file.

      1. Doctor Syntax Silver badge

        Re: Thats how

        I'm sure it's the CEOs who set the corporate levels of sociopathy.

        1. Groo The Wanderer Silver badge

          Re: Thats how

          Well, the majority of the share holders and board members who tell most CEOs what to do, though in nice vague not legally responsible words. But it's pretty clear to virtually any CEO of a company with public shares: the only thing the shareholders care about is mo' money, mo' money, mo' money! It is almost a law in the US that they ignore anything else.

          With that goal in mind, egotistical psychopaths seem to be remarkably successful in the US.

    2. Alumoi Silver badge

      Re: Thats how

      He ain't worth billions. He owns stocks that the markets hope worths billions.

      1. O'Reg Inalsin

        Re: Thats how

        Unlike a lot of tech companies that only promise profit, fb is a consistent profit maker.

  5. Anonymous Coward
    Anonymous Coward

    The US employment environment

    Labyrinthian Byzantinian Extraordinaire.

    And then some.

  6. LybsterRoy Silver badge

    I am confused here. The agreement says "we'll give you $X because you're out of here, but if you agree to keep shtum we'll give you £X+Y"

    If this isn't allowed how about 2 agreements:

    1. "we'll give you $X because you're out of here"

    2. "agree to keep shtum and we'll give you $Y"

    Two bits of paper rather than one but job done?

    1. Brewster's Angle Grinder Silver badge

      I imagine impartial judges would look through that. You're trying to do an end run around the rules. (You may even find this was two bits of paper. I can't be bothered to dig into it to see.) If the law says you can't constrain a departing employee like this, then you can't constrain a departing employee like this - no matter how you arrange it.

    2. Jellied Eel Silver badge

      This explains it-

      Gollin noted that Carlson didn't immediately file the case, instead waiting until an NLRB decision in February 2023 (McLaren Macomb) that barred employers from offering severance agreements that require employees to waive their rights under the NLRA.

      So I guess it's how shtummy the termination agreement was. I guess it's a bit like in the UK saying you'll get a payoff, providing you agree never to take the employer to tribunal. So I guess it's a fairness test about whether the termination agreement was effectively an unfair contract and denied employees rights.

    3. Cliffwilliams44 Silver badge

      Well, here is how this will work now.

      "You're out of here! And considering you're going to go out there and bad mouth us to the press, the board, the NLRB, etc. and that is going to cost us a fortune, you get nothing. See Ya!

    4. I ain't Spartacus Gold badge

      You might be able to pay extra for an agreement not to be bad mouthed to the press. But you definitely can’t remove statutory rights to talk to unions, or use labour courts / employment tribunals. At least that’s how I read it from t'other side of the Atlantic.

      1. Alumoi Silver badge

        That's US we're talking about. You can sign away every right you have under the sun and that's valid until a court says it's not.

        I take you you don't read any EULAs or TOSs.

        1. I ain't Spartacus Gold badge

          Alumoi,

          You can sign any piece of paper they give you, but those papers can’t change the law. A clause in a contract can’t overturn the law, even in the US.

          There are differences though. In the UK you can’t sign away certain rights if a contract is deemed to be unfair. That is where one side writes the contract and the other party is only able to take it or leave it. In that case basically all tricksy sub-clauses in the small print have bugger-all legal validity. There are some bits they can put in, so long as they put it in big letters on page 1, but even there contract law is quite strict.

          Advice also matters. Rich people and companies are expected to lawyer-up. So you can get a sales director to sign a 1 year non-compete non-disclosure agreement in an employment contract that would be unenforceable on an ordinary worker.

          Most EULAs are complete bollocks. Just because a lawyer wrote it, doesn’t make it true. Problem is that it would be expensive to beat one in a way that sets legal precedent, as big software companies have a lot of lawyers to fight you.

  7. Groo The Wanderer Silver badge

    Try the industry as in the 00's as far as I knew! I only left one client without having to sign such an agreement.

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