Even if it’s put in writing, you’d need to sue them and go to discovery and then you’re relying on an IT team to “find xyz” from a request made by legal for discovery.
The odds of anyone ever pulling this off is nearly impossible, especially when the ones laid off all have to sign an indemnity clause against the company for that severance paycheck which says you won’t sue and will defend them in lawsuits in perpetuity. It would have to be one of the c-suite members in the meeting with written evidence, and the second you sue over that you’re blacklisted from ever getting an executive level role again.
Being forced to sign an indemnity clause of that type is illegal and/or unenforceable in most western countries, and discovery of IT records is quite sophisticated.
Having said that, your general thrust of “it is highly unlikely” is certainly true. Someone has to have some basis for starting a suit, fishing expeditions are rarely allowed.
Im sure that all happens, but this part is securities fraud
Also if that RTO reasoning was ever found out in discovery, thats constructive dismissal.
The C suite are rarely stupid enough to put that sort of thing in writing. It’s a conversation, no record.
Although the irony is with wfh that might be a vid conv that could get an AI auto transcript if they forget to turn it off
Oh boy, I cant wait for this to happen in some big case one day.
Even if it’s put in writing, you’d need to sue them and go to discovery and then you’re relying on an IT team to “find xyz” from a request made by legal for discovery.
The odds of anyone ever pulling this off is nearly impossible, especially when the ones laid off all have to sign an indemnity clause against the company for that severance paycheck which says you won’t sue and will defend them in lawsuits in perpetuity. It would have to be one of the c-suite members in the meeting with written evidence, and the second you sue over that you’re blacklisted from ever getting an executive level role again.
Employment law differs outside the US.
Being forced to sign an indemnity clause of that type is illegal and/or unenforceable in most western countries, and discovery of IT records is quite sophisticated.
Having said that, your general thrust of “it is highly unlikely” is certainly true. Someone has to have some basis for starting a suit, fishing expeditions are rarely allowed.
That’s why these conversations happen in person on a golf course and not online in slack or email