Tech and media companies are cleaning house and engaging in sweeping layoffs. Meta, Twitter, Amazon, Microsoft, Google, IBM, SAP, and Salesforce have all made massive cuts to their workforce in the last few months. Media giants like Buzzfeed have as well.
If you have been impacted by the Meta mass layoffs, Twitter’s mass layoff, or other tech layoffs that have been in the headlines lately, you should know that you may have grounds to file a complaint against your former employer with the Equal Employment Opportunity Commission (EEOC).
This is because the mass layoffs by Meta and Twitter, among others, may have run afoul of both state and Federal laws that were created to protect workers from these types of situations. A lot of workers were let go so swiftly that they weren’t given a chance to explore their rights, but we want you to know that you do have rights and legal protections.
Meta’s Mass Layoffs
In November 2022, Meta abruptly cut 13% of its workforce, or more than 11,000 people. But it’s not done yet. After doing some restructuring, the social media giant announced just recently their plans to lay off another 10,000 people and close approximately 5,000 job listings that are currently open. This massive reduction in workforce is just part of the ongoing rash of tech and media layoffs. Back in November 2022, Meta CEO Mark Zuckerberg said that by cutting thousands of jobs, mostly in different tiers of management and in information technology (IT) infrastructure, he wanted to streamline the day-to-day operations of the company and make operations flatter.
As tech and media companies prepare to lay off tens of thousands more employees, many people in those industries are wondering what their rights are if they get laid off. Tech companies, and Meta in particular, are likely violating both federal and state versions of the Worker Adjustment and Retraining Notification (WARN) Act. The WARN Act was passed in 1988, but many states have since passed their own versions of this act to protect workers from being laid off with no severance, health care, or options.
Twitter's Mass Layoffs
Twitter started the trend of doing mass layoffs in November 2022 when Elon Musk took over as CEO. Within a couple of days of taking control of Twitter, Musk fired approximately 50% of the company’s existing employees, which was more than 3,700 people. The employees that were cut were mostly in IT, marketing, and safety and trust employees whose job was to monitor the content posted for dangerous or objectionable content as well as to respond to reports of content that violated the platform’s Terms of Service (“TOS”).
When these layoffs took place, Twitter employees that were laid off were locked out of the building and treated in other ways that could violate several different Federal and state laws. For example, the WARN Act specifies that employees who are being laid off must be given a minimum of 60 days’ notice. This wasn’t the first time that Musk engaged in abrupt mass layoffs either, as he notoriously did the same thing at his Tesla company last year.
Five of the employees who were laid off in Twitter’s mass layoffs filed a lawsuit against Twitter and Musk for violating their rights under both California law as well as the Federal WARN Act. Other employees are considering a class action lawsuit against Musk for multiple Federal and state employment law violations, but it will take time for the various lawsuits to go through local and Federal courts.
Federal and State Laws on Mass Layoffs
There are both Federal and state laws that dictate how companies must act and what must be given to employees in the event of a mass layoff or plant closing. Tech companies like Twitter and Meta that are located in California must abide by both the Federal WARN Act as well as California’s WARN act. The state of California has some of the strongest employee protections in the country, with the California WARN act going even further than the Federal WARN Act to protect employees.
Under the Federal WARN Act of 1988, any company that has more than 100 employees must give a minimum of 60 days’ notice to any employees that are being laid off. In regards to mass layoffs, the WARN Act says:
“A covered employer must give notice if there is to be a mass layoff which does not result from a plant closing, but which will result in an employment loss at the employment site during any 30-day period for 500 or more employees, or for 50-499 employees if they make up at least 33% of the employer's active workforce. Again, this does not count employees who have worked less than 6 months in the last 12 months or employees who work an average of less than 20 hours a week for that employer.”
It appears that Meta, Twitter, and possibly other tech companies did not abide by the dictates of the WARN Act or the more intensive requirements of the California state WARN Act. Because of that, the employees who were laid off have grounds to file lawsuits and complaints about their employers in order to get any back wages or money that they are owed.
Steps to Take After Being Laid Off
If you have been laid off by Meta, Twitter, or any major tech or media firm, and you were not given 60 days’ notice or you find that your firing violated other provisions of the WARN Act, you have resources available to you. You can file a complaint against that employer with the EEOC. Additionally, you can file a lawsuit of your own or join any class action lawsuits that are currently gearing up.
However, with these next steps, the gathering and maintenance of proper documentation and evidence is of the utmost importance. You should make sure that you have saved all documentation related to your firing and any communications from the company. This is because having the right documentation will be key to your case.
If you have been laid off by a tech company like Meta, you should also stay connected to your former coworkers as much as you can. Working together is the best way to make sure that the company is held accountable and that you all have the best possible chance of getting money that you are owed.
What You Can Do Today
Whenever someone loses a job, it is a shock. However, it is important for you to know that you are not alone. There are tens of thousands of professionals in the tech and media world who are dealing with layoffs right now. Ultimately, the most important thing is that you understand what your rights are, how to take action if your rights were violated, and actually taking those actions to obtain justice.
To find out more about your rights under the WARN act as well as what options you may have to get any back wages or other money that you’re owed, be sure to fill out our Free Case Evaluation form on this page so you can speak with an experienced employment lawyer about your unique situation.
References:
Judge says Twitter workers can't pursue group lawsuit – Axios
Will Meta’s Mass Layoff Violate Federal or State Laws? – Lavi & Ebrahimian, LLP
WARN Act Compliance Assistance – U.S. Department of Labor
The Worker Adjustment and Retraining Notification Act: A Guide to Advance Notice of Closings and Layoffs – U.S. Department of Labor Employment Training Administration Fact Sheet
Meta to lay off another 10K workers – LinkedIn
