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Questions
and Answers
for current employees and those who've lost their jobs
Updated
August 18, 2003
 Also
check out the Job Cut Survival Guide
Q0.
I'd like to file a charge of age discrimination with the EEOC; can I still
sign the Covenant not to Sue? See
Guidance from the EEOC web site.
Q1.
I was just let go and I think it was because of (fill in your) situation,
which I think is totally unfair. Do
I have any recourse? Do you know of any lawyers in my area that might
be of assistance?
Q2.
I am over 40 and IBM has just let me go. I feel they are letting go older
workers. What can I do?
Q3.
I was laid off with 30 days' notice and 30 days' pay, and now I hear that
IBM has laid off over 4000 employees. Doesn't that mean I should be getting
60 days' notice and 60 days of pay?
Q4.
What is going on with the pension lawsuit? How can I participate in the
suit? Who is eligible?
Q5.
What could a union do about job cuts?
Q6.
When is the union vote?
Q7.
This fact sheet didn't answer my question. Where can I post a question?
Q8.
Where can I get more information about employment rights?
Q9.
What are my rights as far as the union is concerned?
Q10.
I have some questions about unions.
Q1.
I was just let go and I think it was because of (fill in your) situation,
which I think is totally unfair. Do
I have any recourse? Do you know of any lawyers in my area that might
be of assistance?
A1.
First, document your situation as best as you can. Hopefully you have
been keeping documentation of conversations with managers over the course
of the situation. Then seek advice of a local attorney and find out what
your options are.
We
recommend trying to find someone who is versed in employment law for your
state, as well as federal employment law, since many of the states have
better or different protections than those offered by federal law. If
you are a dues-paying member of the Alliance, you have free access to
the Lawyer Referral service and 30 minutes of consultation with an attorney
(see Union Privilege). If not,
the best
technique is to call your state attorney general's office or employment
office, and start asking for references. Look for someone with experience
fighting a large corporation, if not IBM. Note that lawyers generally
get paid by the hour, sometimes even during preliminary discussions, so
it is best if you do as much homework as you can ahead of time so you
have all the information they might need ahead of time. Keep copies of
all of the paperwork you're getting from IBM, including the convenant
you sign and the statistics about who was let go along with you.
Unfortunately,
employees in most states are considered "at will" employees,
meaning a company can let you go without any reason, except for cases
of discrimination based on race, color, sex, national origin, disability,
or over 40 years of age (see http://www.eeoc.gov/facts/qanda.html
for more information). However, an attorney can tell you what your options
are in your particular situation.
If
we had a union contract in place now, you would have additional options,
such as a grievance procedure to appeal your case, the right to know why
you were let go, and the right to be recalled to your job when business
picks up and IBM is hiring again.
Q2.
I am over 40 and IBM has just let me go. I feel they are letting go older
workers. What can I do?
A2.
Please file a complaint with the federal agency, Equal Employment Opportunity
Commission. How to do this is explained online at
the EEOC web site. Even though you sign the waiver not to sue IBM
in order to get your severance check, you can still file a complaint with
this agency. If they get enough complaints from IBMer's, the agency would
do an investigation.
If
you read the 'not-to-sue convenant', you'll find language in it that states
that you cannot give up your rights not to be discriminated against that
were created under ADEA (Age Discrimination in Employment Act.) So what
many people
do is go ahead and sign the agreement, collect their severence pay, and
then file a charge with the EEOC. Note that you don't need to hire a lawyer
to file charges with the EEOC, you just need to call the regional office
and file the appropriate paper work, and you can do that even after you
have signed the convenant; you'll need to do that even if you hire your
own attorney, as age discrimination charges cannot be pursued without
the EEOC being given a chance to investigate.
Q3.
I was laid off with 30 days notice and 30 days' pay, and now I hear that
IBM has laid off over 4000 employees. Doesn't that mean I should be getting
60 days' notice and 60 days of pay?
A3.
You are referring to the federal WARN act. This law requires employers
give 60 days' notice of layoffs and 60 days' pay, but only in certain
circumstances. The layoff notice must be for 500 or more employees let
go within 30 days at any one site, not including part timers or those
hired within the last 6 months. We believe IBM is scattering the job cuts
as much as they can to avoid the WARN act. However, some states have laws
that are stronger than this federal law; Vermont is one. More information
about the WARN act is here: http://www.dol.gov/dol/allcfr/ETA/Title_20/Part_639/toc.htm
Q4.
What is going on with the pension lawsuit? How can I participate in the
suit? Who is eligible?
A4. There
is a class-action lawsuit, Cooper vs. IBM, which charges that IBM discriminated
against employees based on age in both the 1995 and 1999 pension plan
changes. When the judge certified the class, he certified it for something
called 'injunctive relief', which basically
means IBM, if found guilty, would have to provide a new or revised plan
for all impacted employees that does not discriminate by age. There would
be no ability to opt in or opt out, although IBM would have to count all
of your accruals under the current plan, so you could end up choosing
between your current pension payment and a new one...
The claim made in
the lawsuit is that both the 1995 plan amendment and the 1999 plan amendment
illegally discriminate by age, and therefore need to be fixed. Furthermore,
the 1999 plan amendment was such a major change that it should have been
treated as a plan termination rather than a plan amendment, which would
mean that all who were employed at IBM on July 1, 1999 should have automatically
become vested, regardless of whether they had 5 years of service.
As you may already
know the Judge has ruled in favor of Kathi Cooper et
al. IBM has stated in the press that they plan to appeal the decision.
If the appeals are exhausted by IBM and the ruling stays, a remedy will
be issued by the Judge at that time. This could mean a settlement of some
degree. When/if a settlement is reached, all plaintiffs would have to
be notified -- IBM would have to provide a complete list of affected employees/ex-employees/retirees
and their addresses. This contact will not be done until a settlement
is reached and all appeals have been exhausted -- our guess for when that
might happen is still 2007 (or so).
More information on
the lawsuit can be found at:
http://www.cashpensions.org/IBMCertFAQ.htm
Q7.
This fact sheet didn't answer my question. Where can I post a question?
A7. There
are a couple of places to post questions, and where you can read discussion
among IBM employees:
Your
Legal Rights - Important Links:
More
Links, particularly about pensions: http://www.cashpensions.org/rights.html
If
any links on this page fail, please send an e-mail to the
,
so they can be corrected. Thank you!
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