Infinite Labor Court staff: claim to buy shares from them in the sum of NIS 4.4 million

Since bringing a complaint against the corporation in the district court almost two months ago, another lawsuit and labour statute was brought by a group of 33 former and current Infinite workers claiming that the storage company violated their terms of employment.

A party of 33 workers filed a major complaint against the storage firm Infinited in the sum of more than NIS 4.4 million, alleging that it violated their terms of employment. Attorneys Yaron Alon and Adi Bar-Adon of the firm of Horowitz Also Ozen & Co. filed the case.

The claimants are Class B owners of the firm, and are solely meant for the workers of the company pursuant to the contract with them. The corporation undertook, according to the case, that B securities must still be eligible in the event of a ‘exit’ to obtain the first 20 percent of benefits and privileges in the company, without the risk of dilution from someone who is not an employee or contractor. In June 2020, however, the company began to waive its commitments, it was claimed. The company refused to pass on orderly information to employees on the subject, but they found that it had taken various steps for years that diluted their holdings and changed the terms outlined by the bylaws.

Infinidt is a long-standing and well-known high tech company in Israel. Its founder, Moshe Yanai, is considered to be one of the largest storage firms in the world. In his name, many patents are registered and he is also considered to be responsible for the central development of the storage company EMC (today part of Dell-EMC), which has transformed it from a tens of millions of dollars into a hundreds of billions of dollars company. However, in a complaint brought in October, amid charges of mismanagement, Shinai was claimed to have been fired from the company by investors.

It is now written that some of the claimants were convinced to waive their salary conditions when they were hired in exchange for options B and bonds, others decided to start in a lower position and others moved to appreciate the options from a consultant position to a full-time employee position. In one scenario, the “Viennese company used options and B shares to torpedo a new venture” that an employee of the company sought to launch. “Yanai knew about the same venture and took care of the torpedo, so that the plaintiff would not leave the company.”

The company agreed in 2013 to include in the terms of jobs a repurchase option for shares. The company undertook to buy 10 percent of the options/shares capital of each employee of the company who owns B shares and has done 5 years of work every year, 5 years after the start of the scheme. However, during 2018, all claimants qualifying under the 2013 plan were asked to wait for their shares to be realized and Yanai proposed a new buying plan to workers at one point, with better terms, it was claimed.

The valuation of Share B was set at $ 1,296 when the purchase plan actually went into effect in December 2018. Infinite carried out the initiative in 2019, but abruptly discontinued it in 2020. And it was only in June of that year that workers implicitly discovered that adjustments had been made to the composition of the shares of the firm: “As part of this, scenarios were presented according to which a person who holds a second share and no longer works for the company will be diluted in such a way that his share will be worth one thousandth of its previous value (ie – in practice – reset); New, with a new maturation period) which will set the value of their holdings at about 6 percent of the previous value. “

The plaintiffs now argue that the takeover arrangements acted as a cover for an investment made at the detriment of the workers by two funds, ION and Claridge, called UBS Group, who were shielded from dilution.

The staff are now awaiting an order from the Labour Court to buy their shares from Infinidt at a valuation of $ 1,296 per share, plus compensation for suspending salary from January 2020 onwards.