We have been alarmed by recent reports of companywide layoffs at Meta Platforms, Inc. (“Meta”), the parent company of Facebook, Instagram, Threads and WhatsApp. In an employee memo last month, CEO Mark Zuckerberg announced that Meta would be laying off roughly 5% of its workforce (about 3,600 employees) through so-called “performance-based cuts” beginning February 10, 2025.
Since these layoffs took place, Meta staffers have spoken out on social media and in news reports that they were selected for layoff despite having a history of strong job performance. Other employees reported being laid off shortly after returning from parental or medical leave, even though their most recent performance reviews were positive.
As a nationally recognized employment law firm that frequently represents tech workers, we are investigating whether these layoffs were carried out unlawfully.
Employees are not without any protection. Federal and state anti-discrimination laws prohibit employers from considering legally protected characteristics when making employment decisions, such as gender, race, age, religion, national origin, pregnancy, disability, and others. In addition, under federal and state laws, employers may not consider an employee’s decision to take legally protected leave when making layoff decisions, such as parental leave or medical leave. Federal and state law also bars employers from punishing workers who have complained about discrimination or other workplace misconduct through mass layoffs. Finally, there are state laws that, under certain circumstances, protect against defamation, among other things.
We are especially concerned about Meta’s decision to publicly label these laid-off employees as low performers — a decision that goes against long-held employee privacy norms. Moreover, statements like these can embolden individual managers to unlawfully retaliate against employees who have spoken out about their working conditions, or who took legally protected leave, by falsely labeling them a bottom 5% performer.
Outten & Golden is dedicated to helping employees stand up for their rights. If you have concerns about the way your layoff was handled, we encourage you to get in touch with us.
About Outten & Golden LLP
Outten & Golden LLP is one of the largest U.S. law firms dedicated to the representation of employees. With offices in New York City, Washington D.C. and San Francisco, the firm has taken on many of the country’s largest and most powerful employers, forging landmark settlements and historic verdicts that contribute to a more equitable workplace. As a mission-driven firm, O&G uses litigation and other means to expand the rights of all employees to fair wages and working conditions, and a workplace free of discrimination, harassment and retaliation.