Good messages. Unfortunately, the situation is very bad at BNYM. Can someone recommend a good legal counsel that have won cases against BNYM???
12 replies (most recent on top)
Have my lawyer ready!
Joke of a place
This place scares the cr*p out of me. If senior management thinks this is ok, then they’re truly out of touch. I do not want to work here anymore. No loyalty to the employees as they’ve repeatedly demonstrated. This in turn will impact our clients and our revenue which is already taking a pounding.
Charlie and Bridget must be removed and replaced with management that know how to lead a corporation. What they’re doing now is clearly dismantling BNYM.
I agree with one of the earlier comments, the SUB package is offered to shut up the employees and go away. It's dishonest how they handle this and forcing managers to give their employees a BE rating to "justify" the layoff. If you get the package, take the money and run. The org is moving in the wrong direction - hiring managers who don't know the process, young employees who don't know the business and don't listen, keeping poor managers who don't know how to manager but follow orders,... it's a circus and the Charlie is no Master Ring Leader...
You really can’t sue for the company moving jobs offshore. Honestly you don’t want to live in a world where companies cannot move resources globally... it is capitalism/freedom vs socialism/fascism.
There really is nothing that you can do. However, if there is no package and it is clearly without legitimate cause you have damages and can certainly sue for redress. Really, just take the package, take the high road, move on.
If they are getting rid of your position, job duty, department all together or moving them overseas, how can you sue for that?
Don't know if you read the article, https://www.wbur.org/hereandnow/2019/09/03/age-discrimination-ibm-lawsuit
The AARP article is more detailed. https://www.aarp.org/work/working-at-50-plus/info-2019/ibm-age-discrimination-case.html
An excerpt from the article is below which could explain the just cause for the suit.
Four former IBM workers, who were all in their mid-50s when they were laid off in 2016, filed their lawsuit March 27 in the federal court for the Southern District of New York. They say that in order to get severance packages, they had to sign waivers affecting their rights, even though the company didn’t give them information about the ages and positions of the employees who were being terminated and those who were retained.
Since 1990, the federal Older Workers Benefit Protection Act (OWBPA) has required employers to disclose this information to workers age 40 and older who are part of a group layoff, along with details about the criteria used to pick employees for discharge.
From what I have read, it sounds like they try to demoralize you with BE to leave so you leave by finding another job or quit they don't have pay you a package. There is no real support to help you. It's only the justification to move you out especially if you're over 50 and have more than 20 years at the bank. How are they allow to switch a severance package to a sub one? Is that legal? Should a lawyer be retained? Or they will just give you a package to shut you up from taking them to court?
Unless we have a contract, a company can lay us off. They just need to do it legally, meaning do not violate any labor laws. BNY is very careful about that, they actually provide the metrics to people they let go, so they can see it was fair. Although many feel they were targeted by age, it’s probably not supported by the actual metrics.
About being let go for cause, if the basis is unfair or actually fabricated, especially if done to avoid a package, you may have a case for personal injury.
I am a manager that disagrees with the BE quota because it is false, and unfair. I also worry that I could be named in a lawsuit against the Company. I did not trust the Company to give impartial advice, so sought outside counsel.
They said that just about anyone can sue anyone for anything, so just wait and see. About me suing the Company (for example, if I refuse to give a BE, and am fired) they said I should wait until I had “damages” to bring forth a lawsuit. And then I would need a “personal injury” lawyer to sue for something like lost wages, etc.
I appreciate your comment. Unfortunately, similar to others, I've been a long time employee that falls in their wrong age group and never before BE. It's dishonest how they are crushing careers just to push older employees out. I'm concern that they are using the BE to avoid paying a sub package. How do they make a determination? What can be done to make sure you get a sub package if you can pushed out?
I don’t have a answer to your question. I do want to point out that the majority of staff being terminated are 55+ years old. Their SUB package is basically a bride for the employee to shut up and go away. What they’re doing is discriminatory and illegal. Unfortunately we sign our rights away by accepting the SUB termination package. I was not in a Financial position to fight this.