#employeerights

I’m currently pregnant and was recently laid off. I was wondering if anyone here has been in a similar situation and tried negotiating their severance package. Just trying to understand if companies are generally open to reasonable discussions, especially around healthcare coverage or severance duration.

Credit:

https://www.hcamag.com/us/specialization/employment-law/ex-manager-sues-capital-one-alleges-forced-ranking-drove-layoff-pick/576317

UNITED STATES

Employment law
Ex-manager sues Capital One, alleges "forced ranking" drove layoff pick
Cybersecurity manager claims calibration sessions, not performance, decided who lost their job

Ex-manager sues Capital One, alleges "forced ranking" drove layoff pick
By Tez Romero
22 May 2026
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A 56-year-old Black cybersecurity manager is suing Capital One, claiming a hidden "forced ranking" system pushed him out under the cover of a layoff.

That is the central claim in Hickman v. Capital One Financial Corporation, No. 3:26-cv-00450 (E.D. Va.), filed May 21, 2026, in the US District Court for the Eastern District of Virginia. John Hickman, who spent 12 years at the bank and finished his career as a Manager, Cyber Technical on Capital One's "Watch Tower" cybersecurity team, says his October 2023 termination had less to do with performance than with race and age.

For HR leaders, the filing reads like a tour through the pressure points of modern performance management: calibration sessions, coaching plans, mid-year reviews, and reduction-in-force selection criteria — all of them, Hickman alleges, bent toward a predetermined outcome.

Hickman says he received "Strong Performance" ratings on every mid-year and end-of-year review from his end-of-year 2019 evaluation through 2022, with no documented concerns and no change in duties. Then, at a February 2, 2023 meeting, he was told his 2022 year-end rating was "Inconsistent." The complaint says the written feedback was largely positive but ended with a line that he "did not exhibit manager-level strengths relative to his peers."

That phrasing, the filing argues, gives away the game. Hickman alleges the downgrade was the product of Capital One's "forced ranking" — what the bank internally calls "calibration" and "distribution" — under which, he claims, at least 15% of employees must land at "Inconsistent" or "Below Strong" regardless of actual performance. He also points to the company's own guidance describing calibrations as "a time for leaders to demonstrate [Capital One's] commitment to Diversity, Inclusion and Belonging," language he says is at odds with what happened to him.

The coaching plan that followed, according to the filing, was delayed, packed with nearly two dozen vague deliverables, and at one point flagged "Communication" as a problem area — even though his year-end review had rated his communication "Strong." Hickman says he met every expectation by late May 2023. Instead of the policy-required outcome notice, he was told on July 24, 2023 that he had been selected for a reduction in force effective October 1, 2023. The complaint also alleges that Capital One quietly withheld an unfavorable mid-year review to make him RIF-eligible, and that his manager was instructed by Associate Relations not to deliver mid-year reviews to anyone tapped for the cuts.

The age numbers, drawn from what the filing says is Capital One's own OWBPA disclosure, are the part HR readers will likely linger on. Within the Manager, Cyber Technical population considered, 14.3% of employees 50 and older were selected, compared with 7% of those under 40. Across all roles considered, the rates were 4.8% (50+), 5.8% (40+), and 2.8% (under 40). The decisional unit, Hickman adds, was limited to employees hired before January 1, 2022 — a cutoff he says skewed older.

Hickman, who earned $175,263 plus a bonus opportunity of up to $24,000, is seeking back pay, compensatory, liquidated, and punitive damages, and has demanded a jury trial.

The allegations have not been tested in court. Capital One has not yet filed a response, and no judge has ruled on any of the claims.

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Ca--abis ban for flight crew: when workplace safety overrides legal rights
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Supreme Court hands employers a costly loss on multiemployer pension withdrawal liability
First Circuit revives political discrimination case after lower court overreach
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I hate hearing everything that current employees are dealing with. It su-ks. It was a great company and I was proud to work there. I worked at Fannie Mae for nearly 20 years.
I was part of a big layoff several years ago. I was laid off just before a large scale early retirement package was set to be offered (and it was widely known this was happening!). With my downsizing, I was offered an AWFUL exit package (with no extended insurance and less $ than expected). So I hired an attorney.
I HIGHLY recommend that anyone laid off - do not sign your letter before you speak to a qualified attorney. Trust me - you’re leaving a lot of money on the table.

PTO payoffs on resignation or layoff - how does it work? Frustratedly software engineer here

If you are a U.S. citizen or green card holder and feel you’ve been unjustly treated—whether through biased performance evaluations, wrongful termination, or being passed over for promotions—especially when H-1B workers are in your team, know that there are legal channels ready to support and protect you. Your rights deserve to be defended, and you don't have to stand alone. You have a voice, and there are avenues to fight for the fair treatment and justice you are entitled to:

U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC stands as a safeguard against workplace discrimination. If you’ve been unfairly dismissed or treated differently because of the presence of H-1B workers in your team, you have every right to file a charge with them. No worker should be sidelined or mistreated.

U.S. Department of Labor (DOL)

The DOL ensures that U.S. workers are protected against any unfair treatment. Employers are legally obligated to prioritize American workers for hiring and retention. If you’ve been bypassed for an H-1B worker or unfairly dismissed, the DOL will investigate violations and hold employers accountable.

State Fair Employment Practices Agencies (FEPAs)

Many states have their own agencies to fight workplace discrimination and unfair dismissal. These agencies are there to ensure that U.S. workers’ rights are respected. Check your state’s official website to find out how you can take action.

National Labor Relations Board (NLRB)

The NLRB steps in when unfair treatment involves collective bargaining or labor issues. If you believe that U.S. workers are being dismissed in favor of H-1B employees, the NLRB can investigate and take action to ensure fair labor practices.

Contact Your Elected Officials

You have the power to demand accountability from your elected representatives. Write to your Congressman or Senator to raise your concerns. They can fight for your rights, bring attention to the unfair treatment of American workers, and push for legislative changes to prevent such abuses.

U.S. Citizenship and Immigration Services (USCIS)

It is illegal for employers to displace U.S. workers in favor of H-1B workers or to keep H-1B workers on staff while laying off U.S. employees. If you have evidence of this, you can report these violations to USCIS for thorough investigation and enforcement.

U.S. Immigration and Customs Enforcement (ICE)

The presence of H-1B workers from countries that are adversarial to U.S. national security can expose companies and industries to significant risks—from intellectual property theft to potential espionage. If you suspect that there’s foreign influence or other national security threats in your workplace, it’s important to report this to ICE’s Homeland Security Investigations (HSI).

Federal Bureau of Investigation (FBI)

If you suspect that H-1B workers or employers are engaging in illegal practices, such as manipulating hiring processes, violating labor laws, or committing immigration fraud, you must report it to the FBI. These coordinated efforts can harm the integrity of our workforce, and the FBI is equipped to investigate and bring justice to any parties involved in criminal activity.

American workers deserve fairness, respect, and opportunity. If you feel you’ve been unfairly treated because of the presence of H-1B workers, you have the right to stand up for yourself and fight for your rightful place in the workforce. Don’t stay silent—take action today, and help restore the integrity of our job market.

Did uk and Australia had same package or 16 weeks was only in us ?

If you are a U.S. citizen or green card holder and feel you’ve been unjustly treated—whether through biased performance evaluations, wrongful termination, or being passed over for promotions—especially when H-1B workers are in your team, know that there are legal channels ready to support and protect you. Your rights deserve to be defended, and you don't have to stand alone. You have a voice, and there are avenues to fight for the fair treatment and justice you are entitled to:

U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC stands as a safeguard against workplace discrimination. If you’ve been unfairly dismissed or treated differently because of the presence of H-1B workers in your team, you have every right to file a charge with them. No worker should be sidelined or mistreated.

U.S. Department of Labor (DOL)

The DOL ensures that U.S. workers are protected against any unfair treatment. Employers are legally obligated to prioritize American workers for hiring and retention. If you’ve been bypassed for an H-1B worker or unfairly dismissed, the DOL will investigate violations and hold employers accountable.

State Fair Employment Practices Agencies (FEPAs)

Many states have their own agencies to fight workplace discrimination and unfair dismissal. These agencies are there to ensure that U.S. workers’ rights are respected. Check your state’s official website to find out how you can take action.

National Labor Relations Board (NLRB)

The NLRB steps in when unfair treatment involves collective bargaining or labor issues. If you believe that U.S. workers are being dismissed in favor of H-1B employees, the NLRB can investigate and take action to ensure fair labor practices.

Contact Your Elected Officials

You have the power to demand accountability from your elected representatives. Write to your Congressman or Senator to raise your concerns. They can fight for your rights, bring attention to the unfair treatment of American workers, and push for legislative changes to prevent such abuses.

U.S. Citizenship and Immigration Services (USCIS)

It is illegal for employers to displace U.S. workers in favor of H-1B workers or to keep H-1B workers on staff while laying off U.S. employees. If you have evidence of this, you can report these violations to USCIS for thorough investigation and enforcement.

U.S. Immigration and Customs Enforcement (ICE)

The presence of H-1B workers from countries that are adversarial to U.S. national security can expose companies and industries to significant risks—from intellectual property theft to potential espionage. If you suspect that there’s foreign influence or other national security threats in your workplace, it’s important to report this to ICE’s Homeland Security Investigations (HSI).

Federal Bureau of Investigation (FBI)

If you suspect that H-1B workers or employers are engaging in illegal practices, such as manipulating hiring processes, violating labor laws, or committing immigration fraud, you must report it to the FBI. These coordinated efforts can harm the integrity of our workforce, and the FBI is equipped to investigate and bring justice to any parties involved in criminal activity.

American workers deserve fairness, respect, and opportunity. If you feel you’ve been unfairly treated because of the presence of H-1B workers, you have the right to stand up for yourself and fight for your rightful place in the workforce. Don’t stay silent—take action today, and help restore the integrity of our job market.

The company can pull images from flock cameras. Heres a website for anyone curious how often license plates are pulled and how much access this and other companies have to this data that is for sale.
https://haveibeenflocked.com/

Anyone could share reasonable requests that could ask to amend/appeal the terms of the severance? Much thanks.

Call out your bad leaders

I worked as a developer in the Fusion Middleware area, first on the on-premise tools and later on Oracle Cloud.

My experience at Oracle was extremely negative. I believe a large part of that was because I am female, honest, and a highly competent developer.

Those qualities were not valued in Oracle development. Let me address each of them individually.

Female - There were no female managers or architects in the area where I worked. Management was dominated by Indian men from a culture where women are expected to be subordinate to men, and in my experience that attitude showed clearly. I worked for multiple managers who used the same kinds of tactics. They sabotaged demos I was giving by providing incorrect conference numbers, setting me up to demo on systems with bad network settings that caused slow screen updates, telling me to prepare slides for a two-hour session and then suddenly saying I only had one hour while pretending surprise that I had created slides because I had been instructed to do so. I was also once paired with another manager’s aggressive subordinate, who went first and then claimed I was demonstrating something different from what I had been told, making me appear unprepared.

I was undermined in many other ways as well. I was restricted in what I could work on, excluded from status meetings, denied information, given incorrect information, and subjected to every kind of obstruction imaginable.

Not everyone behaved this way, but enough men did that it became impossible to function normally. I was constantly forced into a defensive position. Although there were a couple of senior managers above me who supported me, my direct managers did not, and they had enough control to make it appear that I was the problem when I was not.

There were a few women I interacted with. Some, like me, were honestly trying to do their jobs. But one woman in marketing appeared to believe it was in her interest to undermine me with the men, and another woman who was very involved with one manager also helped set me up at one point. Because of that, I eventually felt I could not even trust the other women at the company.

Before Oracle, I had been a very successful developer at other companies and had received awards for my work. Oracle has serious cultural problems, and if you are a female developer, I would advise leaving the company. There is a much better life outside of it.

Honest - The managers were, in my opinion, largely incompetent. They were deeply insecure, and even the slightest sign of initiative beyond what they explicitly directed was treated as a threat. From what I observed, this was true of nearly every manager I encountered. They were paranoid, dysfunctional, and operating inside an equally dysfunctional environment. Managers would temporarily align with one another to sabotage employees or other managers they wanted to target. It genuinely seemed like they enjoyed doing this, and that much of their professional world revolved around schemes to damage someone else’s reputation or career.

By the end, I felt as though I was working inside an organized crime operation. The sabotage never stopped. One manager cultivated loyal enforcers who would do whatever he wanted to anyone he targeted. Unfortunately, I ended up under this truly toxic individual. Oracle moves developers around like interchangeable parts, and you often have no control over who you work for. This manager made s-xual comments toward me and treated me in a degrading way. He isolated me from others in the group and refused to assign meaningful work. In my opinion, he was deeply disturbed and manipulative.

Later, he worked with another manager and a woman connected to that manager to isolate me further and pressure me into writing a new application they intended to take credit for themselves.

There is no place for honesty at Oracle. If you want to be a thug and enjoy the idea of operating inside something that feels like a mafia structure, then Oracle may suit you. Honesty will not help you succeed there.

Extremely Competent Developer - If you are a strong developer who wants to build meaningful products and do real engineering work, Oracle is not the right place. I was an excellent developer. Earlier in my career, there were times when my abilities were questioned because I was female, but I was always able to prove myself and earn the trust of the men around me through competence and results.

At Oracle, competence was not appreciated. The managers I worked with valued loyalty above all else, and the people most loyal to management were often the least capable technically. They protected their jobs by flattering managers, attacking other developers, and helping management manipulate or undermine people within the company.

I was promoted once while I was there, but I believe that only happened because of intervention from a senior manager above me. Even while I had support at higher levels, the manager directly above me continued sabotaging me constantly.

I would have left earlier, but I had reasons for staying, so I continued trying to demonstrate what I could do, just as I had at previous companies. None of it mattered. Management remained determined to harass me regardless of my abilities.

I also saw other highly competent developers, including men, targeted in many of the same ways. My impression was that management feared capable developers because they themselves were incompetent, insecure, and uncomfortable with real technical discussions about products or code.

One important thing to understand is that none of this was obvious at first. The managers were skilled at hiding what they were doing until you started paying very close attention. They always had plausible explanations ready, and because you want to be cooperative and professional, you initially accept those explanations and move on.

For a long time, I had an application that I mostly worked on independently, and that insulated me somewhat.

My competence also allowed me to survive there longer than many people would have. My first manager gave me increasingly difficult assignments. Initially, I believed that meant he trusted my abilities. Later, I realized he was escalating the difficulty in hopes that I would fail. I believe he wanted to point to the “incompetent woman” and say, “See, she couldn’t handle the work.” But that never happened because I successfully completed every assignment I was given.

It is a deeply unhealthy place. If you dislike women, will blindly obey your manager, including sabotaging coworkers, and especially if you enjoy attacking people and playing dirty tricks, Oracle may be the place for you.

If you actually want to do real engineering work, almost anywhere else would be better.

Fraud lawsuit against Intel to steal personal data of millions of Americans

https://brownrudnick.com/client_news/brown-rudnick-on-behalf-of-200-plaintiffs-files-fraud-suit-against-intel-claiming-hundreds-of-millions-of-dollars-in-damages/

Only asking people who know the answer - if I add this app to my I-phone can the company now track my location at all times? Can it now see If I am spending any time during the day talking on my cell phone?

Does anyone know if it's possible to be approved to work remotely to care for senior/disabled family?

Wondering if it the same as last time.

Someone on my team is on a family medical leave and a fellow coworker said that they could still be affected in the layoffs. Can someone confirm please?

Planned to work on Memorial Day as I already have some client meetings scheduled. Anyone know if I go to the office will the hours count?

For those laid off on 4/30, last day 5/14 was your final check smaller than usually? I believe they don’t pay for the final day so we received 72 hours instead of 80. Is this the case for other folks as well?

https://www.reddit.com/r/careeradvice/comments/1pd227s/former_hr_here_subtle_signs_your_company_is/?utm_source=share&utm_medium=ios_app&utm_name=ioscss&utm_content=2&utm_term=1

For those of you in the US who got laid off recently, what kind of severance package did you get? I've heard various things like 2 months + some weeks based on number years (capped) + COBRA (for don't know how long), etc. I'm interested to hear from all of you in the US.

Anyone else receive this notice today? I hope more class action settlements will follow for employee mistreatment and unlawful practices.

I work so hard, 16 hours a day on average. Work on weekend. On call duty. Why am I being laid because of stack ranking? This is not fair!

How much does the company pay in severance when there's a separation in employment? Also, do we have to sign a non compete agreement?

I'm 63 and was told it had nothing to do with performance, so curious if its worth hiring a lawyer to review the package?

Question for those of you who have been impacted by a layoff recently: I understand that you receive a call/ meeting with HR and you are separated that day. How long after that date did you receive your regular pay (not any severance)? Also, how long did benefits continue, specifically health insurance? Thanks!

Anyone consulting or thinking of consulting legal counsel to review the separation agreement? Anyone already have done so and could share any potential areas of concern within the terms, etc?

A former Bank of New York Mellon associate alleges the bank fired him while his disability accommodation request was still pending in its system.

Gibbs Kanyongo Jr. sued BNY on May 12, 2026, in the U.S. District Court for the Western District of Pennsylvania. The complaint brings claims under the Americans with Disabilities Act and the Pennsylvania Human Relations Act for failure to accommodate, disability discrimination, and retaliation.

The story, as the filing tells it, begins on Aug. 4, 2025. Kanyongo - a Client Processing Associate in BNY's Loan Administration department in Pittsburgh - says he broke a bone in his foot and suffered ligament damage in his ankle playing basketball. Two days later, according to the complaint, a UPMC podiatrist diagnosed a severe ankle sprain and signed documentation stating Kanyongo was limited in his ability to walk and needed to work from home for six to eight weeks. He says he called BNY's HR department on Aug. 7 and asked how to submit it. The complaint says HR pointed him to the online portal and to BNY's "Medical Certification: Reasonable Accommodation" form.

What followed, the complaint alleges, was more than two months of back and forth.

Kanyongo says he submitted the certification on Aug. 26. According to the filing, BNY responded on Sept. 5 to say the doctor had filled out parts of the form incorrectly. Kanyongo says he got it redone. On Sept. 24, 2025, he says he emailed the corrected certification - signed by his treating provider - to peopleadvisorsamericas@bny.com, an inbox the complaint says HR had told him to use during a mandatory two-week security leave.

Twenty-three days later, on Oct. 17, 2025, the complaint says his manager called and told him he was being terminated for failing BNY's "Working Together" in-office requirement on two occasions. The filing alleges his accommodation request remained pending in BNY's process when that call was made.

The complaint raises three issues that sit squarely in HR territory.

The first concerns the interactive process. The filing alleges that during the 23 days between Kanyongo's Sept. 24 submission and his Oct. 17 termination, BNY did not contact him to say his documentation had not been received or processed, or that he remained at risk of termination. His AT&T telephone records, according to the filing, show a 37-minute call to BNY's People Team line on Oct. 14, three days before he was terminated.

The second concerns BNY's automated attendance system. Under the "Working Together" policy as described in the complaint, employees must work a minimum of three days per week in the office, and two violations within a 12-month period can trigger termination. The complaint says Kanyongo received a first violation notice in May 2025 for the period from March 23, 2025 to April 19, 2025 - before his injury. The filing alleges that on Oct. 17, 2025, he discovered an automated notification flagging him for a further violation covering Sept. 6 through Oct. 4, 2025, and that the automated system had also not credited his accommodation for an earlier flagged period ending Aug. 8, 2025 - the period the complaint says an HR representative had told him his completed accommodation would retroactively excuse.

The third concerns what the complaint frames as an inconsistency between BNY's position statement to the EEOC and BNY's own internal records. The complaint says BNY's position statement asserted that Kanyongo's manager, Sally Baker, "never told [Mr. Kanyongo] he was not allowed to enter in-office exceptions" and in fact "encouraged him to do so." The filing then cites BNY's own People Solutions portal entries from Sept. 19, 2025, which Kanyongo says recorded his report that his manager had advised him "he cannot keep using in-office exceptions & he can only use three in-office exceptions for the time being," and that "his manager is not approving of in-office exceptions."

According to the complaint, an HR representative had told Kanyongo earlier in the process that once his completed forms were received and approved, the accommodation would retroactively cover and excuse the flagged days. The filing alleges that step never took place.

Kanyongo also says he wrote a message in BNY's portal on Sept. 5, 2025, describing himself as "unable to walk or travel," having "been trying to get this request submitted and approved for over a month," and having "called every week talking to someone asking for an update." According to the complaint, he arranged to be picked up and transported on his broken foot to get the forms completed, and asked BNY's People Advisor Team to call his physician directly. The filing says BNY declined, citing HIPAA.

Kanyongo is seeking back pay, front pay, compensatory damages, punitive damages, and attorneys' fees. He has demanded a jury trial. The complaint says he was unemployed for approximately six months after the termination, and that his new job pays roughly $5.00 per hour less than his BNY salary.

The allegations have not been tested in court. BNY has not yet filed a response to the complaint, and no court has ruled on the merits of any of Kanyongo's claims.

I’m talking the only person over 40, only person who used FMLA, only person who had an ADA accommodation on their team?

This speaks to the cesspool that is Norwalk as a location & Client Solutions as a department. No wonder they axed that whole team in Norwalk!

https://www.hcamag.com/us/specialization/employment-law/factset-fired-black-consultant-one-day-after-fmla-request-suit-alleges/574956

I hope she gets every penny she sues for

Did anyone else get an email on their personal account about qualifying for the class action for retirement accounts from 2016-2020 for Merrill

What do I need to do to get Laid off? I wanted to leave and look for another post but I bet getting laid off was much better for the severance pay. How do I get this privilege?

Contact a Union: Reach out to an established union or organizers like the Emergency Workplace
Organizing Committee (EWOC) for assistance and legal guidance.
• Sign Authorization Cards: Gather signatures on authorization cards from at least 30% of the employees to show support, though 50% or more is recommended
• Seek Recognition: Ask your employer to voluntarily recognize the union, or file for an election with the NLRB if they refuse.
• National Labor Rel... +4
Legal Protections & Rights
• Federal & State Law: Workers in the private sector are protected by the National Labor Relations Act (NLRA).
• Illinois Workers' Rights Amendment: This state amendment guarantees the right to organize and bargain collectively, protecting workers from certain types of employer retaliation.
• Protected Activities: You have the right to discuss unionization with coworkers during non-work

Is there any legitimacy to these rumors? I need flexibility to for my work/life balance and going into the office 5 days a week will make that extremely difficult.

• Both the individuals but more importantly Humana for knowingly turning a blind eye and not checking each year that Visas are up to date and maximum allowed time a person can remain in the United States in an H1B Visa. This is not intended to be cruel bit rather intended to save and protect American Citizen’s jobs and future employment in this country.

Information regarding Maximum Time:
The maximum time a person can remain in the United States on an H-1B visa is generally six years, typically granted in two 3-year increments. However, this period can be extended beyond six years if a permanent labor certification or I-140 petition has been pending for over 365 days, or if an I-140 is approved but a green card is not immediately available. 

Key Aspects of H-1B Time Limits:

• Initial Limit: Initial H-1B status is up to 3 years, with extensions allowing a total of 6 years.
• Recapture Time: Time spent outside the U.S. during the H-1B period (vacations, business trips) can be "recaptured" to extend the 6-year limit.
• Extensions Beyond 6 Years: Individuals with a pending or approved employment-based green card process can extend their H-1B status, often in 1 or 3-year increments, under AC21 regulations.
• Reset Requirement: After hitting the 6-year limit, the visa holder must generally live outside the U.S. for at least one full year before becoming eligible for a new 6-year H-1B term.
• 240-Day Rule: If a timely extension is filed, you may continue working for up to 240 days beyond your current expiration date while the petition is pending. 

Disclaimer: Immigration regulations can be complex. Please consult with a qualified immigration attorney or USCIS for specific cases.

Does anyone know if there are specific employment attorneys working with Edward Jones associates? I am being set up to be let go, probably so they won’t have to pay out the large amount of severance I would be due.

Need advise what to do with PTOs as I am one affected by the recent layoffs.
Do we get them paid out or take them prior to leaving?

The New York State Worker Adjustment and Retraining Notification (WARN) Act requires employers with 50 or more full-time employees to provide at least 90 days of advance notice before mass layoffs, plant closings, or business relocations. This law, which is stricter than the federal WARN Act, ensures employees have time to find new jobs or seek training