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Welcome to a website for current and former employees alleging class action age discrimination claims against 3M -- your source for case information and updates, easy access to court filings, and the latest news.
Two Cases Against 3M: Current and former 3M employees are involved in two age discrimination cases against the company. Both lawsuits claim that 3M discriminated against the named plaintiffs and other older employees in performance appraisals, promotions, training, compensation and terminations. You have reached the website for the federal case titled Garcia et al. v. 3M Company.
Federal Case - Garcia et al. v. 3M Company: this federal lawsuit was initially filed in the United States District Court, Northern District of California, and recentyl transferred to the District of Minnesota.It alleges that 3M violated the federal Age Discrimination in Employment Act and is being prosecuted on behalf of six plaintiffs and similarly situated current and former salaried exempt and non-exempt 3M employees across the U.S., including persons who signed a release of their claims. To date, approximately 100 individuals have joined the case. Stay in this site for information about the federal Garcia case.
Minnesota Case - Whitaker et al. v. 3M Company: this state lawsuit was filed in the District Court for Ramsey County in December 2004. This case asserts age discrimination claims on behalf of a class of current and former salaried exempt 3M employees in Minnesota who did not sign a release of their claims. The Minnesota Whitaker case has a separate website that you can access by clicking here or going to www.minnesotaclassaction.com.
How are these two cases different?
The plaintiffs in the federal Garcia case claim violations of federal law, while the plaintiffs in Whitaker claim violations of Minnesota law. Federal law protects persons who worked throughout the country while Minnesota law protects persons who worked in that state. The federal Garcia case will include salaried employees who worked anywhere in the United States during the court-determined liability period. The only limitation is that salaried exempt employees who worked in Minnesota during the liability period and did not sign a release may not bring claims in the federal case involving their Minnesota employment. Those claims are covered in the Whitaker case.
Another key difference between these cases is how persons become a part of the case. Under the applicable law in the federal Garcia case, persons must elect in writing to include themselves in the case. Unless they make that election, they cannot receive any monetary relief from the lawsuit. Filing a written election to participate is called "opting in" to the lawsuit and persons who do that are called "opt-in plaintiffs." This is why a federal age case is called a "collective action" instead of a "class action." The Garcia plaintiffs filed 48 opt-in forms with their Complaint, and many more current and former employees have also elected to include themselves in the case and become a part of the collective action. In contrast, all persons meeting the class definition in the Minnesota Whitaker case automatically are part of the class unless they elect to exclude themselves from the lawsuit.
Finally, the federal case asks the Court to invalidate releases signed by exiting employees so they can participate in the lawsuit. This relief is not available in the Minnesota case and that is why release-signers are not included in the Whitaker class.
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Who can opt in to the federal Garcia lawsuit?
The federal Garcia plaintiffs propose that the case should be prosecuted on behalf of persons who meet the following criteria if they believe they have been subjected to age discrimination and opt in to the lawsuit:
- age 46 or older when employed by 3M anywhere in the United States
- at any time from January 1, 2001 through the present
- in a salaried, exempt or non-exempt position below PS grade180 (grade 18) or L3.
- except to the extent that their claims are encompassed in the case Whitaker v. 3M Company, No. 62-C4-04-012239 (Ramsey Co.)
If you fall within the definition, you may be eligible to opt in to this collective action. The time period may vary depending on whether a release was signed and the type of claims, but January 1, 2001 is the earliest beginning date. If the Court allows the case to proceed collectively, you will receive a Court-ordered notice that tells you about your rights.
If you would like information about participating in this lawsuit by opting in, please click here and provide us with your name and contact information.
What if I signed a release?
You may be eligible to participate in the federal Garcia case even if you signed a release when you left 3M. The plaintiffs are asking the Court to declare that 3M's releases are invalid and cannot be used to prevent persons who signed them from opting in to this lawsuit.
To keep updated on the status of the case, keep checking this website, particularly the updates on the "About the Case" page.
Additional questions? Call 540/885-4230.
Can You Help?
If you have information that may help us prove these claims against 3M and you are a person with whom we may talk, we would like to hear from you. We are particularly interested in talking with current and former employees who have worked outside Minnesota and believe they have experienced age discrimination at any time since 2001, or who have heard comments showing bias against older employees or negative stereotypes about them. Please click here to learn more.
Update Your Contact Information.
If you have contacted us in the past and your contact information has changed, click here.
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