Seeing so many people who started working at IBM before I did being laid off year after year, I realized the same thing is most likely going to happen to me as well. I'm in my early 50s and I like my job. I always thought this will be the last one for me. Now, I believe I will probably be laid off before I can retire. I don't want to start searching for a new job but I can't live with that probability and do nothing about it.
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What’s your net worth op? Do you not have enough saved to retire?
Yep. The target will be on your back very very soon. I made it to 60 but that was only because my years of service were not as many so my pay was not as high as some others my age. Once the years of service started going up, the target appeared.
I wish I had gone that route also - not sign and sue. I was too chicken. With all these things you’re trying to figure out in the background. Just be sure to have a plan for your next role, update your LinkedIn and start reaching out to your network.
As a retired IBMer in the last year on my own terms and timing, I only have this advice to present employees (not only at IBM, but in any technology company) - accept the fact that you may not last all the way until the social security kicks in. Need of skills change so rapidly and ever more frequently every few years, you are likely to fall short in updating your skills (no matter how much Your Learning, badges, etc. you pursue). You are now likely being paid at a very generous pay scale because of your technology skills, so start saving aggressively for your later years. Prepare to retire at a time you choose yourself to enjoy your life with peace and health after living your life under constant stress.
@OP+1kvo2M7x
You are on a sinking ship. How soon you are RA's/PIP'd/reassigned depends on where you are in IBM. Be prepared for the exit (unless you are in a LCC). ;)
Also, you have to file your claim with the EEOC within a specific timeframe. If I remember correctly, it is 180 days in most states, but do the research if you filing is a consideration for you.
Can you provide any names of the lawyers from Austin, Bay Area or Georgia who handled publicized cases?
You might be a lawyer, or just well informed....but I like the mystery. Good luck my friend.
Yes, I trust others will find our exchange useful.
I can answer the cost issue as well. First, no good lawyer is going to charge a fee just for listening. If they want one, tell them to fu-k off. Second, look up the lawyers from Austin, Bay Area or Georgia who handled publicized cases. They already know the routine and how IBM works. They won't charge a penny if they think you have a strong case.
Finally, remember, you can't do anything if you don't file a claim with the EEOC first. (Right to sue Letter)
replying to @1mfx+1kvo2M7x
That is a valuable perspective. I now understand your distinction between arbitration, class action, and "attributable lawsuits." That may be something to consider for others. Good advice. Talk to an individual lawyer about the strength of your case by providing documented material. If it is determined to be weak go through a class action and take a settlement. I'm not sure if individual lawyers usually charge an hourly fee in a case like that, so even if it is determined to be a strong case, you could be out a significant amount of money if you lose in court and if you are paying an hourly fee, how many lawyers are going to say it is weak, even if it is. That would create a bit of anxiety in me. I have only reviewed the arbitration vs class action route, myself. As for me, all I can say is "the matter with IBM has been settled" :) Nice discussion. I hope current IBMers being laid off benefit from the dialogue. We absolutely agree document everything and don't sign the severance agreement. I even heard of people recording calls with HR, leadership, and management in my group (for those in one-party-consent states.) I would also recommend that as long as it is legal.
I believe we're both on the same page, but I'm not talking about arbitration, I'm talking real, filed in Federal court, attributable lawsuits. Those ones, with hard-core trial lawyers, not litigators, require a skilled team who serve the client. Not someone wanting hundreds of clients wrapped up in a class.
But, you need enough proof to get a judge to agree to further discovery. That's where it all comes out. I happen to agree that recent cases may not be as strong as earlier cases. However, IBM was playing games through 2020, so there's still time.
Again, I think we agree, although I would suggest finding a good employment lawyer first. If they say no, fine, go the class route
replying to @1mvs+1kvo2M7x
I agree with your recommendation to document everything, but disagree with your overall approach to the legal strategy. Although, you are probably right about the strength of the individual case, but I think with redeployments and new strategies most cases are not a strong as older ones. I too know those who have gone through both arbitration (it isn't exactly a trial per se) and class action (you become a named plaintiff not with hundreds but 5, 6, 10 others...somewhere in that range. There may be unnamed plaintiffs as well who "piggyback" off named plaintiffs, but that approach is being fought out in court now. In arbitration, some cases are won and some are lost. Every single class action suit I have reviewed has ended in a settlement. Your case may or may not be strong in the case of class action and you can still negotiate a settlement. If you hire a lawyer and attempt to take it to trial, there is a chance you will have to pay that lawyer and if your case is not strong you could lose. A good lawyer will get paid up front and not accept it on a conditional basis if it is weak. The law firm I mentioned gets 30% of any winnings or settlement. Of course they are all settlements..neither side really wants to go to court, but you can use that to your advantage to negotiate a higher offer. I have heard great things about that law firm I mentioned.
Replying to @1dzk+1kvo2M7x
What you say is correct as far as it goes, meaning dont sign anything. Document everything. As for joining a class action, I disagree 100%.
First, you're one of hundreds, the firm you mentioned are a notorious troll, taking information from other cases, pulling in publicity, and not responding to plaintiffs questions in a timely manner. I should know, I have friends in the class action, and friends who sued separately. Believe me the ones who sued separately did much better.
Having said that, you really need a solid case to go it alone and to get a ki---r trial lawyer to take your case. So keep everything. Look for younger people replacing you. Did your job description change? People lie, documents (emails, ppts, screen grabs) do not
Yes, if you are laid off, don't sign the severance agreement and join a class action suit against IBM for age discrimination. It's no secret the law firm of Lichten and Liss-Riordan are one of the best teams facing off with IBM for age discrimination. Make sure you document everything and apply for internal jobs during the layoff. All a plantiff can legally say after they settle and sign an NDA is "the matter against IBM has been settled." Ask yourself what it is worth to IBM to keep Rometty's emails from being released in there entirety in court?
HR wants to make you nervous so you'll leave on your own or accept transition to retirement or fall behind your performance - all so you won't sue them on age discrimination as others have posted here. Don't worry be happy tell your manager you love your job and won't leave ever...!
If you're laidoff because of your age, just sue IBM as others posted here and you could win much. Nothing to worry about you're like worried to win the lottery and be rich and how will you spend your winning money.. no issues at all. Pray they will lay you off on your age...! It's illegal.
Yes, at that age, you generally, have a target on your back. Although it is not as black and white as that. Your band, your salary, your position all are considerations, but you are in the right age for what has been going on for years. I was RAed in my 40s. I survived longer than most.