Thread regarding IBM layoffs

Timeline for signing severance document

Anyone have experience of using attorneys to review and negotiate IBM RA package
any good attorney references and their typical charges to negotiate the package based on age and similar skillsets being advertised internally for openings in other areas (as RA is based on talent footprint not matching needs of business)?

Also what happens if you dont sign the severance package on last day of employment
Are you given additional time after your last day to sign the severance agreement or is the severance package forfeited on the last day if you dont sign the agreement

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| 1712 views | | 9 replies (last July 9) | Reply
Post ID: @OP+1jz1yamfb

9 replies (most recent on top)

@18b Here are ideas from other contributors
@h8+1jma1j24p WRIGHT & GREENHILL, P.C.
4700 Mueller Blvd., Suite 200, Austin, Texas 78723, 512/476-4600
Read this ==> https://www.theregister.com/2024/06/20/ibm_and_kyndryl_again_sued/

@OP+GfweOns If you are interested in having me advise you in this situation, you can find the terms under which I can be available on Limited Scope Representation Page of this web site. http://www.hoffcurtis.com/ Richard Cassidy

@bf+1jr6egzvb
U.S.:

Fired IBM Workers Wrap Up Age Bias Lawsuit With Co.:
https://www.law360.com/employment-authority/cases/619e7688b8c39c027c0e77b4/dockets

IBM Corp. and 16 former employees have resolved a lawsuit claiming the technology giant unlawfully fired older workers to make room for millennials, according to New York federal court filings

Case Number:
7:21-cv-09928

Firms:
Cohen Milstein
Gibbs Mura
Johnson & Webbert
Jones Day

The complaint has the contact information for the plaintiff’s attorneys, including emails for the class action law group of Gibbs Law Group:

https://www.cohenmilstein.com/wp-content/uploads/2024/05/2nd-Amended-Complaint-Rodriguez-v-IBM-ADEA-09082023.pdf

Steven M. Tindall
Dylan S. Hughes
Ashleigh A. Musser
Gibbs Law Group LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Tel: (510) 350-9700
E-mail: smt@classlawgroup.com](mailto:smt@classlawgroup.com
E-mail: dsh@classlawgroup.com](mailto:dsh@classlawgroup.com
E-mail: aam@classlawgroup.com](mailto:aam@classlawgroup.com

Michael Eisenkraft
Cohen Milstein Sellers & Toll PLLC
88 Pine Street, 14th Floor
New York, NY 10005
Tel: (212) 838-7797
Email: meisenkraft@cohenmilstein.com](mailto:meisenkraft@cohenmilstein.com

Joseph M. Sellers
Brian Corman
Cohen Milstein Sellers & Toll P.L.L.C.
1100 New York Avenue, N.W. Suite 500

Washington, D.C. 20005
Tel: (202) 408-4600
Email: jsellers@cohenmilstein.com
Email: bcorman@cohenmilstein.com

David G. Webbert
Carol J. Garvan
Shelby H. Leighton
Johnson, Webbert & Young, LLP
160 Capitol Street, P.O. Box 79
Augusta, Maine 04332
Tel: (207) 623-5110
Email: jyoung@work.law
Email: dwebbert@work.law
Email: cgarvan@work.law
Email: sleighton@work.law

IBM Hit with $1.5M Discrimination Verdict Despite Sham Investigation:

A federal jury in Connecticut awarded $1,499,891 to a 61-year-old manager after IBM terminated him with the knowledge that it was discriminating against him on the basis of his age. In a key decision, the judge excluded a company HR report that whitewashed IBM’s actions.

https://www.slideshare.net/LoreneSchaefer/castelluccio-v-ibm-jury-verdict-form

https://thenationaltriallawyers.org/article/ibm-hit-with-1-5m-age-discrimination-verdict-despite-sham-investigation/

Lawyers representing the plaintiff were Amy S. Zabetakis and Kathryn A. Sherman of Rucci, Burnham, Carta, Carello & Reilly, plus Mark R. Carta of Carta, Mcalister & Moore. The case is Castelluccio v. International Business Machines Corp., Case No. 3:09CV1145.

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Post ID: @1gv+1jz1yamfb

Thanks for all the response. I guess the attorneys in US are not interested in taking cases on contingency unless you have direct documented proof of age discrimination . Anybody have been able to involve attorneys to negotiate only better severance package from IBM based on age bias apart from the ones which were litigated in court. if yes please provide any referrals here

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Post ID: @18b+1jz1yamfb

Reach out to Judge Judy

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Post ID: @z2+1jz1yamfb

@OP the timeline for signing these are bogus. In Canada it’s a completely made up date. Make sure to talk to employment lawyer . It’s worth it everytime

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Post ID: @tn+1jz1yamfb

I reached out to a couple of law firms that had previously sued IBM but when I didn’t hear anything back from them within the 30 days I thought that was a sign that I should sign it. I would have been willing to sue if a lawyer took the case on contingency but since that didn’t happen there was no reason to turn down the payout

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Post ID: @qn+1jz1yamfb

Typically, IBM will not offer you more than the standard RA package unless there are extenuating circumstances -- such as you are in a Protected class (e.g., age, race, disability), you threaten litigation (especially if you have made internal complaints that are documented with HR), you have a unique role or intellectual property, you are a mission-critical employee. Also the severance package is conditional on you signing the release, so if you do not sign by the deadline, you have no contractual or legal claim to it.

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Post ID: @jg+1jz1yamfb

I didn’t sign at another company and the got what the agreement said you get if you don’t sign. It was two weeks pay if I didn’t sign and four weeks if I signed and a lawyer said if I am not broke it would be advisable to not sign for two weeks pay (wasn’t making six figures)

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Post ID: @hj+1jz1yamfb

In Canada, you will likely get more when hiring an employee lawyer. So don’t sign before talking to a lawyer.

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Post ID: @gt+1jz1yamfb

I have seen many more than a few abuse IBM's LOA leave of absence to buy more time and kick the can down the road to try and extend. Things like "mental stress" etc. Turns my stomach people actually do it but I saw it...

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Post ID: @cj+1jz1yamfb

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