#legalissue

AVAYA LETTER IS A concerning and serious situation. Here's what you should know and how to report it:

What makes this potentially problematic
Non-disclosure agreements can be illegal or unenforceablewhen they attempt to prevent employees from reporting workplace violations, discrimination, or illegal activity to government agencies. The timing (2 years later) and the conditioning of payment on signing are red flags worth scrutinizing carefully.
Steps to take
-- First, do not sign anything until you've had a lawyer review it. Many employment attorneys offer free consultations, and this is exactly the kind of situation where a 30-minute review could protect you significantly.
Where to report
The right agency depends on what the NDA is trying to cover up or restrict:
NLRB (National Labor Relations Board) at nlrb.gov— if the NDA restricts your right to discuss wages, working conditions, or union activity with coworkers. This is one of the most common NDA violations.
EEOC (Equal Employment Opportunity Commission) at eeoc.gov — if you believe the NDA is designed to suppress discrimination or harassment claims.
SEC Whistleblower Program at sec.gov/whistleblower — if it involves financial misconduct, which is relevant given Avaya's bankruptcy history.
Your state labor board — many states have stronger worker protections than federal law, especially California, New York, and Illinoi.
State Attorney General — most AGs have a consumer/worker protection division that investigates predatory employer practices.

+++Practical advice for the thread+++
The fact that multiple ex-employees are receiving this email is actually significant — collective complaints carry more weight with regulators than individual ones!! If others in that thread are experiencing the same thing, filing jointly or coordinating complaints to the NLRB would strengthen the case considerably.
You are legally protected from retaliation for filing complaints with any of these agencies, and you cannot be denied money you're legally owed simply for refusing to sign an NDA.

What documents required:

1. Employment records, Performance review
2. Aria pages of you and H-1B reporting to same manager
   Evidence that you and H-1B candidate are in same or similar position
3. Git commits screenshots showing you both worked on same code.
4. Proof that the H-1B person is still in Job when you are laid off.

How to file a case :
You have to file a pre-compliant inquiry with your civil rights department

Under Federal law it is illegal to prefer foreign workers over U.S. citizens based purely on citizenship status (like visa) if both are able to perform same duties.

Last day for me was 12/19/2025. Have an opportunity for recruiter firm for work with Frontier. Opinion on would the cooling off period apply to this situation. The work would have nothing to do with merger.

Someone posted this in a different thread, it's worth exposing it here on the main page:

• In the UK it's a legal requirement to make roles redundant, not people. However there are no formal job roles assigned, and having access immediately revoked and being escorted from the building is not commensurate with a "consultation". This is not legal, but just like the lack of WARN notices, they keep doing it.

I was laid off from Fossil last year and have long unsubscribed from all communications. Why am I still getting text messages today from the company letting me know what their new number is and that I'm subscribed now to their SMS marketing texts. You know this is illegal right? Let's hope you didn't send that message to every single former subscriber because fines are $500 to $1,500 per message.

It’s being reported that Sekou Kaalund, Senior Executive VP and member of the Managing Committee, may have involved himself in some financial shenanigans, and may have misrepresented some material facts to the court appointed Receiver of troubled distiller Uncle Nearest Inc. This could subject the bank to substantial reputational risk as the story develops.

https://www.thebourbonandryeclub.com/splash-page/uncle-nearest-lawsuit-live-updates

Still waiting on severance documentation.

Management isn’t providing much help
The 1-800 employee number hung up 3 times on me. Finally got a ticket in to figure out where my severance is. Good job outsourcing to India - really paying off

Found out they eliminated my position to give it to another person - is that even legal?

On November 17th nurses were told by upper management that we could work outside our state license and no longer had to adhere to licensure requirements.
Then on 12/9/2025 those directions were retracted and told to work only in states we are licensed in. How scary that a company cares less about the nurses and our licenses which is our livelihood!

The Burke County Board of Education revoked "special media access" for The Paper, a local newspaper. This action followed a Dec. 6 article about a projected $4.5 million budget deficit and potential layoffs. Superintendent Mike Swan stated the article caused staff uproar and denied layoff discussions. The newspaper's reporter and editor, Jacob Christopher and Angela Copeland, stand by their reporting. Legal counsel for The Paper views the revocation as potential retaliation against free press rights.

https://carolinapublicpress.org/74286/burke-county-schools-announce-revocation-of-special-media-access-for-newspaper/

This is an ominous sign. https://www.politico.com/news/2026/01/17/trump-jpmorgan-debanking-lawsuit-00735544

Their reason is performance. But I know, and I have evidence, it was in retaliation for reporting harassment.

Toxic work culture. Some of the people in middle management who have been at qualcomm for long feel like they own the company.

I already consulted a lawyer and he said we have a case.

I obtained the language from an offer letter provided to a colleague who was transitioned to Infinite in July. I subsequently had this document reviewed by my employment attorney / father-in-law. His reaction was immediate and unequivocal. Despite the paper transfer, the same employees continue to perform the exact same work they performed at Fiserv, for the same clients, using the same systems and devices, and reporting into the same leadership. Day-to-day direction, supervision, and control remain firmly with Fiserv. A payroll change does not alter economic reality.

Based on these facts, he concluded that this structure exposes Fiserv to extraordinary legal and regulatory risk. Employees who were nominally transferred but remain substantively controlled by Fiserv have clear and actionable claims. This is not a gray area, nor a technical compliance issues, it is a textbook example of form being used to disguise substance.

He further stated that if this model is applied broadly, Fiserv’s potential exposure is staggering. The company could face hundreds of millions of dollars in liability to the IRS for unpaid or improperly allocated payroll taxes, penalties, and interest, in addition to serious exposure under Department of Labor enforcement. Using a third party as a payroll conduit does not insulate the controlling employer from federal tax or labor law obligations.

In his professional judgment, this structure is unsustainable. He believes it is only a matter of time before it draws regulatory scrutiny and becomes public, resulting in significant enforcement actions and reputational damage. No amount of contractual language can override the reality of who controls the work. I understand the initial contract was executed by Frank and Guy, but WTH, 🤦 Mike? Last nail in the coffin?

Has anybody else noticed this? Not all, I know a few recent hires who were also laid off, but most of the people I know who were shown the door are at best in their late 40s and mostly in their 50s and above. I'm not surprised if the goal is to get rid of higher earners, but it does make me question the legality of it all.

https://www.highereducationinquirer.org/2025/12/hei-investigation-fafsa-financial-aid.html

Just got the cord cut on me last week but only my boss was on the call without HR present. Is this legal?

I work in NJ. I have been Riffed . On salary (and working) until 2/16/2026 plus severance for a lot of weeks. IF I take a job BEFORE 2/16/2025, will I lose MY severance? Someone told me that I will . I have NOT confirmed with HR, yet. Anyone know and is in the same boat? Kind of makes me want to hold off looking for a NEW job!!!!!!!!!!! SO UNfair if true!

Anyone here ever dealt with the stunt where leadership tells people to “just text me on your personal phone” so nothing hits the company servers? A lawyer friend spelled it out: that move doesn’t protect the company, it protects them from you. Once it’s on your device, you’re the one holding the bag. They can step back, say “we never authorized that,” and suddenly it’s your problem.

If it’s such a huge legal risk to the employee, why don’t companies ever mention that part? Or is that the point?

Want a quick $1.5 million? Just report fraud on Fiserv:

https://www.justice.gov/usao-edmo/pr/united-states-reaches-89-million-settlement-milwaukee-company-accused-improperly

Key Point

NetApp did not follow required federal rules for layoffs involving employees over 40.

What Went Wrong:

The Older Workers Benefit Protection Act (OWBPA) requires companies to give employees over 40 a written list of:
The job titles and ages of those selected for layoff
The job titles and ages of those who were not selected
This information must be given before or at the same time as the severance agreement.
NetApp did not provide this list with the severance documents.

Why This Matters:

When a company fails to meet OWBPA rules, parts of their severance agreement become invalid and unenforceable.
That means certain waivers in the agreement cannot legally block people from taking action.

What’s Happening Now:

An investigative group has been contacting many of us from the April and September layoffs.
They are gathering details about who was let go and how the paperwork was handled.
The investigation appears to be tied to a New York firm preparing a class-action lawsuit.

My Decision:

I’m joining the class action.
Anyone over 40 who was affected should look into it as well.
If the required documents were never provided, the severance agreement is weakened, and federal rules were violated.

Sources for Verification

OWBPA requirements (EEOC):
https://www.eeoc.gov/laws/guidance/age-discrimination-older-workers-benefit-protection-act

OWBPA explanation (U.S. Department of Labor):
https://www.dol.gov/agencies/oasam/centers-offices/human-resources-center/owbpa-guide

Broadcom is toast:

https://cloudinfra.blog/fidelity-vs-broadcom-the-lawsuit-that-should-terrify-every-vmware-customer/

Why THE U.S. DOJ “REFUSES TO PROSECUTE BOEING

Boeing Just Got Off The Hook, "For Good!" Why Boeing Goes Free,
But No Justice For "PAX" Families.

While we were busy with the UPS Cгash last week,
Boeing was busy getting out of jail free.
And THIS TIME it's for GOOD!
The Judge said his hands are tied as the family tried to appeal;
however, the DOJ may be too big to fight this time.

Criminal Government, Criminal Corporations:
It’s the only scenario that fits, and the facts are objectively observable.

U.S. Senator Josh Hawley goes after Boeing management again.
Just sound bites;
With no action against Boeing's depraved indifference to human life.
https://www.youtube.com/watch?v=HAc5Hk5DGSU

@OP+1uVO2Zfr --- Boeing Does Noting to Overt Disaster

@vzv+1ufCm6bE --- It’s Far Worse Than A Simple Disgrace

@OP+1uIN9Fhl --- Boeing’s Self Inflected DeatҺ Spiral

Just curious if anyone is actually considering legal action against this company

Anyone know if someone can be told they are let go while on Paternity leave or if it would have to be held until returning to work for legal reasons?

FYI - Qualcomm story you might like ...

https://fox5sandiego.com/news/local-news/arabi-qualcomm-fraud-scheme/

Dr. Karim Arabi, once a senior leader in Qualcomm’s Research and Development division, was sentenced on Oct. 28, 2025, in San Diego federal court. Chief U.S. District Judge Cynthia A. Bashant also ordered Arabi to forfeit more than $45 million, along with luxury properties in Canada and Norway, and to pay $100.8 million in restitution to Qualcomm.

So layoffs are all over the news and now HR’s scrambling, telling us to WFH like that’s gonna fix anything. Pretty sure the media’s already waiting for clips. If I straight‑up say I’m recording the meeting, is that still illegal ? And if I did record it, what kind of questions or reactions would make it blow up online?
Trying to figure out how to make this hit hard the same way it hit me.

https://www.lawyerly.com.au/nielsen-exec-claims-unfair-dismissal-after-husbands-axing-cant-get-job-back/

https://www.foxnews.com/politics/trump-admin-reveals-over-100-investigations-into-h-1b-abuses-as-it-pledges-every-resource-to-protect-us-jobs

Duck and cover. How much did Walmart cover up? How many H1Bs were rigged or abused.

https://nypost.com/2025/10/27/us-news/national-grid-must-pay-2-workers-a-total-of-3-1m-for-denying-them-remote-work-after-pandemic/

Even if you are right or lowballed on severance. Nobody is going to sue despite tough talk.

A lawsuit with Imperial will be filled with legal costs as they drag things out every step od the way. They will ignore your lawyer, file things late, challenge procedural issues that don’t matter every step of the way.

With the working notice they have provided and mobility survey, they have done everything to appear reasonable, even if they aren’t.

Likely everyone could be entitled to slightly higher severance than what is offered, but they won’t budge. They are offering just enough that lawyers will tell people its not worth the fight.

You will spend $100,000+ fighting this only for them to marginally increase the offer as a settlement offer. Recouped legal fees if you wi. will be 60% of this at maximum.

The process is the punishment. In the meantime you will have the reputation as a troublemaker in the industry and burn through all your savings to pay the bills.

Your only hope is a class action but you will be lucky if you can find a lawyer willing or able to take it on given the varying circumstances, then the court needs to approve.

If several people sue they will make a motion in court to do case management, where they will fight for the lowest performing, shortest length of service employee to be the lead case.

They have everyone by the short and curlies, and you will all take it.

So I am leaving CVX soon but have some great info and would be able to testify for another company who was hurt with the MARs pipeline contamination. Since I am not leaving with a package and will not have to sign anything to leave or get my pension why wouldn’t I reach out to the people who were damaged by CVX. How should I play this out? Oh by the way CVX cheated me out of over $50K of overtime pay so I am not real happy with that outcome either.

I was laid off in Greenwood Village, CO. We did not get the heads up notice, they walked us out like we stole something... no chance was given to look for other internal roles... almost veryone laid off was over 50 so pay attention to this. i heard rumors that other groups affected followed the same pattern. the mgmt told us that they were not looking at age when they were selecting people but i do not buy this statement. anyhow, if you are over 50 be careful and plan for the worse and hope for the best.

Got the severance payment. What if I don't return the laptop & keep it? Can they come after me? Lets just say its not a brick/locked out.

I read the notice about HCSC complying with 215 ILCS 5/10 (7)(h) to notify its members of paying $71K in legal fees… so they are required to disclose this.. and my interpretation is a senior director/executive was involved in a lawsuit, regulatory investigation, or arbitration and The company agreed to cover their legal expenses as part of an indemnification… anybody know who did what?

Paying for 60 days instead of giving 60 days’ advance written notice

Employers must provide at least 60 days’ written notice; payment in a 60 day period after the fact does not substitute for notice.

Source: 29 U.S.C. § 2102(a); 20 C.F.R. § 639.2; DOL elaws Advisor

My group wasn't told this, who said this? I have most my calls from 6am to 10am with people in India. Do they expect me to get up at 4am to get to the office by 6am to take these calls? It's not going to happen, and i don't like threats. A word of warning to management. You track this stuff, you now have discoverable data that any outside law firm can get a court request for.. They will love to slice and dice that data to see different classes of workers doing different hours. Law firms love suing big banks for stuff like this, and with data like this, its a gold mine.

https://www.exchange4media.com/advertising-news/tlg-india-contests-cci-antitrust-summons-says-publicis-groupe-not-a-legal-entity-146903.html

TLG India Pvt Ltd, the Indian arm of French advertising giant Publicis Groupe, has filed a petition in the Delhi High Court challenging the Competition Commission of India’s (CCI) investigation into alleged anti-competitive practices in the advertising industry. The core argument is that the CCI proceedings wrongly name “Publicis Groupe” as the entity under investigation, whereas Publicis Groupe is a brand name and trademark, not a registered legal entity or enterprise under the Competition Act. TLG India argues it is the proper legal entity to be named.

The petition accuses the CCI of arbitrary action, failure to provide access to critical case records despite formal requests, and procedural unfairness that hinders TLG India’s ability to mount a defense. Notably, the investigation followed dawn raids on major advertising companies amid suspicions of price-fixing and collusion regarding publicity rates and discounts. TLG India contends that the CCI failed to identify the appropriate entity and violated principles of natural justice by denying inspection of case files. The company seeks the quashing of summons issued to “Publicis Groupe South Asia,” which they claim does not even exist as a registered entity, and substitution of TLG India as the proper party.

The case highlights significant legal and procedural issues around how investigations are conducted under Indian competition law, especially when multinational groups operate through various legal entities and brand names. Publicis’ legal challenge also includes complaints that CCI’s denial of access to investigation files violates fundamental rights and due process. The Delhi High Court has issued notices to the CCI and scheduled further hearings in October 2025. The wider probe into price-fixing involves other major agencies including WPP’s GroupM, Dentsu, Omnicom, and industry bodies.

The amount of money that CVS is paying out in lawsuits both recently and over the last few years is staggering. How is this not affecting CVS more?

I feel they should be sued for discrimination. They only cut Americans. If you’re Indian but located in the US, you’ll never be cut. They did that in my dept. Only Americans were cut.

Seems like Dell is being investigated for the same thing they did in 2010