I encourage all those recently affected by layoffs to contact NYS DOL.
Undoubtedly, the bank will have a contingency plan in place but it’s still going to cost them reputationally and financially. It’s possible everyone will receive additional compensation.
Filing a complaint is free.
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NYS WARN does not define remote workers. No case law. The bank is safe.
@3pyh said "Do you really think a GLOBAL financial institution is not smart enough to cover their a-s over the WARN acts???"
Judging by the DEI hires in HR and tens of millions of dollars in fines we pay every few quarters, I'd say yes, I do NOT think they're smart enough.
3yas+1uf3LuEb Let me get my crayons 🖍️ out, so BNYM knows the WARN Act laws, they know at least in the group of March 2024 folks that they INDEED didn’t provide 60 days WARN notice, hence they actually said “because we are not giving 60 days to comply with the WARN notice, we are paying the 60 days salary + benefits and after that, you had a choice to sign the separation agreement…if you decline then you do not get the subpay. Do you really think a GLOBAL financial institution is not smart enough to cover their a-s over the WARN acts??? Geesh…
@2wbj I don’t think you’re understanding. WARN is not a negotiation. You can not just terminate people, give them 60 days pay and you’re off the hook. It’s not mandatory severance. If there is a mass layoff (as defined) the company is obligated to file notice.
@khh+1uf3LuEb Has your girlfriend gotten her separation documents? What was discussed with her manager when she was told? If they have given her the 60 days of pay + benefits, which is what an employer must do if they DO NOT give a WARN notice, then BNYM has already followed the law, there is no recourse of violating the WARN ACT, BNYM already paid the penalty voluntarily. Not defending BNYM at all, trust me on that, I got laid off right after I just trained 2 people to do my job…and they were also in Oriskany..
An employer that violates the WARN Act notice requirement is liable to each affected employee for an amount equal to back pay and benefits for the period of violation up to 60 days.
The WARN laws aren't as much about giving employees notice as giving local leaders notice so they can look into things such as loans or other help to keep the jobs or minimize the cuts. It also allows them to plan for job training and other activities to help place those affected in jobs at good companies.
As being someone who was NOT given 60 days notice, (Oriskany) BNYM covered their as--s for on violating the WARN ACT (for the March folks, we all got this) - a global company like BNYM is going to cover their a-s, they aren’t stupid…they pay you the money hence you have really little grounds to sue/report them as they already did what was required by law..
If an employer does not provide the mandatory 60-day notice, it must pay back pay and benefits to the affected employees for each day that the employer failed to give notice, up to the mandatory 60 days.
@1cuj There’s a lot more to WARN than employee compensation.
The New York State Worker Adjustment and Retraining Notification (WARN) Act requires covered businesses to provide early warnings of closures and layoffs to all affected employees, employee representatives, the Department of Labor, and Local Workforce Development Boards. Additionally, businesses must also give notice to the chief elected official of the unit or units of local government where the site of employment is located; the school district or districts where the site of employment is located; and each locality that provides police, firefighting, emergency medical or ambulance services, or other emergency services, to the locale where the site of employment is located.
@1cuj+1uf3LuEb Sorry you got laid off. Can you please explain what the 60 days upfront are referring to?
When I got let go from Oriskany in March, BNYM did indeed pay the 60 days up front in instead of the WARN notice. That is what the WARN act states. So if they tell you in your little exit call, they are doing that then they are in compliance with the WARN ACT…so I’m sure they aren’t that stupid that they would violate this on the subsequent layoffs…told ya Oriskany folks…as soon as they can cut you loose, they will…BNYM doesn’t have a remote model, period…
Folks be aware that no company wants to be in the news for violating the WARN ACT not only because of the monetary damages it would have to pay, but also because of damage to its reputation. No legitimate company wants to be known as a violator of state labor laws and of laying off American employees and offshoring their jobs while CEO and EC mor*ns are childishly showing off their travels and perks on social media! Call NYS WARN Act Coordinator Monty Henderson @ 518-486-9004. A simple subpoena will give NYS a good idea on the number of employees that BNY laid off in CNY from 6/1 to 9/6 and dates of separation for each. It’s not rocket science folks! At best a subpoena will likely confirm the below analogy of a shady dude who deposits 9990 dollars in the bank once every day to avoid the mandatory reporting of any single deposit of 10k or more. At worst a subpoena will confirm a clear violation.
@wyv Interns will learn about interacting with clients when trained. My group hasn’t been able to hire actual interns/ co-ops in at least 10 years. Prior to that interns/ co-ops were given a work load similar to any other staff. If they were sending out cash projections for example and PMs has questions, the intern got a phone call from the PM and they had to interact.
Frank Behlmer wrote this post . Thats funny
Interns are great with excel and pivot tables but they do not have the client service experience which is mandatory when you deal with clients
I WAS located at the Oriskany site up until Tuesday.
@asx+1uf3LuEb- are you located out of that site? If not, why do you care? All the ones they are releasing do everyone elses job so this is not their loss but it’s absolutely the banks loss for keep trash instead of talent
I wonder how many are left from Oriskany?
They laid the guy off that handles those filings. Vishnu is a little behind at the moment.
Why would anyone advocate for a companies that violate laws put in place to protect employees? If not held accountable, what’s next? We as Americans are better than this.
Some folks here think it’s ok for companies to violate the law and don’t think there are consequences for that. In its layoff behavior BNY is like someone depositing 9990 dollars in the bank every day to avoid the 10k mandatory reporting, but in banking this is seen as shady behavior and raises red flags that must be investigated.
Search consequences for violating NYS Warn Act. Some of the consequences from the state website include:
The Act provides for a civil penalty of $500 per day of violation. Employers are also liable for back pay and other
benefits for 60 days of the violation.
Call NYS Warn Act Coordinator Monty Henderson @ 518-486-9004.
However, If you’re out there on the spectrum, you should worry and we understand this.
Please. Stop. Fixate about something that actually matters.
Please stop with the WARN Act obsession.
The WARN Act doesn’t warn anyone more than we already know here. It’s literally equivalent to the constant, mostly fake layoff warnings on this board.
The WARN Act has never paid any displaced employees even one cent. So worry about things that are important, such as SUB payments cuts.
Good god let it go.
Stop with the constant WARN Act stuff.
I don’t see the issue. You don’t know if you’re in the pool or not, just the same as being uninformed as we are every week.
The big picture is the SUB benefit, or, as employees incorrectly call it, severance.
The WARN Act is all but meaningless and always has been meaningless.
tcc+1uf3LuEb
…. All it does is make people worry… just like the constant fake layoff predictions here…
There are no predictions here. Much of the news from people has been accurate far more than not. As for creating worry, you are doing a fair job yourself by imagined elimination of SUB. It seems you are the ‘fake’ baby.
I don’t know why people worry about the WARN Act. It’s a toothless paper tiger. Sure it’s nice to know 60 days before a layoff, but individuals have no idea if they’re going to be in that pool. All it does is make people worry… just like the constant fake layoff predictions here.
Far more important than the WARN act is the Bank’s SUB Plan. Now if that is eliminated we have real troubles.
June and August layoffs in CNY each exceeded threshold for the Warn Act and BNY morns never cared to file with New York DOL. NYS should open an investigation and fine their crooked a*! My girlfriend was impacted by June layoffs and she told me she knew of many others who were. The NYS Warn Act Coordinator is Monty Henderson and his Office phone number is 518-486-9004. Please call him to ask for an investigation. They should issue a subpoena to BNY asking for full disclosure on the exact number of CNY employees layoffs and dates of separation. They only filed once this year for the March layoff but not for the summer rounds.
I hope they take a massive hit and fined. They are still letting people go today and some havent been told yet because they are out on vacation
We're over 60 in Oriskany for this round so far.
NYS is 25 employees: The WARN Act applies to private businesses with 50 or more full-time employees in New York State. It covers:
- Closings affecting 25 or more employees
- Mass layoffs involving 25 or more full-time employees (if the 25 or more employees make up at least 33% of all the employees at the site)
Federal is 50. So the the bank wins a twofer.
New York State law requires that a WARN notice be filed for 50 or more layoffs at one time. Based on numbers I’ve heard so far, it looks to be very close to that.