Washington, DC, Jan. 4, 2017 –– Kotchen & Low LLP issued notice today to potential members of their collective action age discrimination lawsuit against Google. K&L encourages individuals who meet the specified criteria to join the lawsuit. Individuals can learn more about the case, and file a consent to join form, at the following link: www.GoogleAgeDiscriminationLawsuit.com.
The court-approved notice states:
To: All individuals who: interviewed in-person for any Site Reliability Engineer (“SRE”), Software Engineer (“SWE”), or Systems Engineer (“SysEng”) position with Google Inc. (“Google”) in the United States; were age 40 or older at the time of the interview; were refused employment by Google; and received notice that they were refused employment from August 28, 2014 to October 5, 2016.
Re: Collective action lawsuit against Google Inc. for alleged violations of The Age Discrimination in Employment Act (“ADEA”).
THIS NOTICE AND ITS CONTENTS HAVE BEEN AUTHORIZED BY THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA.
THE COURT HAS TAKEN NO POSITION IN THIS CASE REGARDING THE MERITS OF PLAINTIFFS’ CLAIMS OR OF GOOGLE’S DEFENSES.
PLEASE DO NOT CONTACT THE COURT WITH QUESTIONS ABOUT THIS LAWSUIT.
The purpose of this Notice is to inform you of a collective action lawsuit against Google in which you are potentially “similarly situated” to a named Plaintiff, to advise you of how your rights may be affected by this lawsuit, and to instruct you on the procedure for participating in this lawsuit as a member of a collective action if you so desire.
As described below, if you are eligible and wish to join as a party plaintiff in the collective action, you must timely complete and submit the “Consent to Join” form located on the official case webpage.
II. DESCRIPTION OF THE LAWSUIT
Plaintiff Cheryl Fillekes (“Plaintiff”) filed a collective action lawsuit against Google on behalf of herself and all others similarly situated, alleging that Defendant Google Inc., through its hiring practices, violated the Age Discrimination in Employment Act (“ADEA”). The case is entitled Heath & Fillekes v. Google Inc., and is pending in the United States District Court for the Northern District of California, Case No. 15-cv-01824-BLF.
Plaintiff alleges that she, and other similarly situated applicants, are entitled to compensatory damages for harms suffered as a result of Google’s violations of the ADEA, prejudgment interest on the compensatory damages, liquidated, exemplary, and punitive damages, and attorneys’ fees.
On October 5, 2016, the Court granted Plaintiff Fillekes’ request to conditionally certify a collective action. The collective action is subject to potential decertification at a later date.
Google denies any and all liability in this matter and further denies that this action can be maintained as a collective action for purposes of trial.
III. PERSONS ELIGIBLE TO MAKE A CLAIM IN THIS LAWSUIT
You are eligible to join this lawsuit if you interviewed in-person for any SRE, SWE, or SysEng position with Google in the United States; were age 40 or older at the time of the interview; were refused employment by Google; and learned that you were refused employment from August 28, 2014 to October 5, 2016.
IV. HOW TO MAKE A CLAIM IN THIS LAWSUIT
If you wish to make a claim and join this case to become a party plaintiff in the collective action, you must “opt-in” to the lawsuit by completing the “Consent to Join” form located on the official case web page: www.GoogleAgeDiscriminationLawsuit.com. You must complete, electronically sign, and submit this form by April 4, 2017.
V. LEGAL EFFECT OF FILING OR NOT FILING THE CONSENT FORM
If you choose to join this lawsuit by filing the “Consent to Join” form, you may be required to actively participate in the lawsuit, including by producing relevant documents for use in the litigation, responding to written discovery requests, and providing testimony under oath at a deposition or at trial. You may also be required to pay a portion of Google’s costs if it prevails in the lawsuit.
If you choose to join this lawsuit by filing the “Consent to Join” form, you will also be bound by any judgment or settlement of the claims under the ADEA, whether it is favorable or unfavorable. Further, if you choose to join the lawsuit, you may designate Plaintiff’s counsel, Kotchen & Low LLP, as your agents to make binding decisions on your behalf concerning the litigation. Kotchen & Low LLP is being paid on a contingency fee basis, which means that if there is no recovery, there will be no payment to the attorneys. However, if there is a recovery, the attorneys will receive a percentage of any money judgment or settlement in favor of you, or others similarly situated, as agreed by contract or ordered by the Court. Alternatively, you may retain counsel of your own choosing at your own expense.
If you do not complete and submit the online “Consent to Join” form by the aforementioned date, you will not be permitted to participate as a party plaintiff of the collective action in this lawsuit, or in any settlement or judgment reached by the parties or ordered by the court.
If you do not wish to participate in this lawsuit as a party plaintiff, simply do nothing. You will not be bound by any judgment or settlement regarding any claim you may have under the ADEA, whether favorable or unfavorable.
VI. NO RETALIATION PERMITTED
Federal law prohibits Google or its agents from discriminating or retaliating against you for “opting-in” to this lawsuit, or otherwise exercising your rights under the ADEA.
VII. LEGAL REPRESENTATION IF YOU JOIN
If you elect to participate in this lawsuit by electronically completing and submitting a “Consent to Join” form, you can elect to be represented by Plaintiff’s counsel Kotchen & Low LLP whose names and contact information are listed below:
Daniel L. Low, CA Bar No. 218387
Alternatively, you may retain your own counsel at your own expense.
VIII. FURTHER INFORMATION
If you have questions about this Notice, the “Consent to Join” form, or the lawsuit generally, you may contact Plaintiff’s counsel, Kotchen & Low LLP.