[seanhunter]

If that went to an arbitration, the HR would have some difficulty unless they could show a paper trail (eg emails in which people expressed concern about the cultural fit of these individuals) ahead of time. They could of course have paved the way by preparing such a trail ahead of time…

But that would lead the way to the question of why this was a redundancy rather than dismissal for cause.

Im not any sort of lawyer let alone an employment lawyer, but I’m sure there are some employment lawyers getting in touch with these folks now to test their interest in pushing a case.

[skeeter2020]

if these employees were focused on the organization efforts it seems reasonable that it would be pretty easy to show them as subpar performers against the corporate-oriented performance expectations, compared to others who were focused only on their work tasks. Stacked Ranking is reprehensible but not illegal.