Separation Letter from 2020

In our highly competitive marketplace, IBM must maintain the flexibility and the skill base to meet the demands of clients operating under extremely challenging business conditions. While we always consider the current environment, IBM is now taking structural actions that are critical to our long-term competitiveness.

This includes a workforce reduction which permanently affects your employment.

Recognizing the unique and difficult situation this business decision may create, IBM is significantly expanding your access to medical coverage.
· IBM is offering you medical coverage at active employee rates for 12 months following your separation date, regardless of how long you have been employed by IBM. For many employees, this substantially extends the period during which IBM subsidizes the cost of medical coverage.

· In addition, IBM is extending the availability of continuing medical coverage by six months. This means that, for the second 12-month period following your separation, you can continue your coverage at full COBRA rates.

These changes, which include an increased level of subsidy from IBM, provide access to continuing medical coverage for two full years from when you leave the company.

You also are eligible to receive a lump sum separation payment equal to three months’ pay, along with Career Transition Services and other benefits.

Although departure dates may change based on business needs, the earliest departure date for any employee as a result of this resource action is Monday, June 22, 2020. Unless you have transferred to a new position within IBM, your last day worked will be Monday, June 22, 2020.

The Employee Information Package attached and found here https://w3.ibm.com/w3publisher/employee-info-pkg-may2020 provides details about the IBM separation payment and benefits you’re eligible to receive, key contacts, Summary Plan Description (SPD), a copy of the Separation Agreement, as well as common questions and answers.

You should be aware that IBM won’t displace another IBMer from their current role to place you in that role (called “bumping rights”). However, you are encouraged to apply for any available role within IBM. For more information, refer to the Internal Movement section of the package.

We strongly encourage you to contact Right Management, our Career Transition Services provider, for individualized coaching and guidance. You’ll find a description of Right Management services in your package and more information at www.right.com/getstarted.

Short-term counseling is available for you and your family through the IBM Employee Assistance Program (EAP). Details are in the attached Information Package.

For questions, please refer to the contact information below:

Benefits questions: IBM Benefits Center provided by Fidelity (866-937-0720)
Other HR questions: HR@IBM (hr@us.ibm.com)
Restructuring process questions: gmtmpo@us.ibm.com

I am here to assist you during this transition. While I acknowledge that this situation is challenging, I appreciate your professionalism and thank you for your service to IBM.

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My understanding is the "warning" letter is a sanctioned template the manager can choose from - the HR Partner and HR lawyer claimed these have been "hardened by the courts".. but I read it as BS as you did. I think it is a technique for surgical instant/fast termination in "at will" scenarios. (They could not identify any real specific behavior / incident when pressed.. eg f-bomb, public flatulence in a customer meeting, asleep on Zoom.. who knows).

I didn't bite, ie sign/acknowledge it - I interpreted as, despite being >150% of quota/attainment, my time had come (>65 yrs) and they havent been able to find a cardinal sin to use (expenses, anti-Ginni slack, or whatever), so HR recommended this one.

This is what IBM has become

re: better than a "Warning Letter"

Interesting language in that note.

On the one hand, the letter cites a misdemeanor: you’ve done bad, we caught you, bad boy/girl.

But then finishes off by saying “you must continue to adhere to all IBM conditions of employment”.

That’s an oxymoron. It implies the employee has been adhering up until now, but according to IBM they have not.

So the phrase “continue to“ is redundant and could potentially be challenged in a court of law.

Call me pedantic but that’s a joke.

better than a "Warning Letter"

Personal and Confidential
Date: 8/10/2020

Memorandum to:

Subject: Warning letter

Proper workplace behavior is a condition of employment at IBM. As we discussed, you have violated this condition by engaging in the following conduct;

 Failure to cooperate with others in a manner consistent with IBM values.
 Communicating with peers and management in an unprofessional manner that is rude, disruptive, and unproductive.

IBM will not tolerate any behavior which, in management’s judgment, is disruptive to the work environment or otherwise violates company policies, such as the Business Conduct Guidelines. As a result of your inappropriate conduct, you are being given this formal warning letter.

The following applies to you as a condition of your continued employment with IBM:

Immediately cease engaging in the behavior outlined above and any behavior or actions which are, or could be interpreted as, inappropriate, unprofessional, or otherwise in violation of company policy, such as the Business Conduct Guidelines.

Read the IBM Business Conduct Guidelines, particularly sections 2.1, and certify that you understand these Guidelines and agree to abide by them. You must confirm this to me in a Lotus Note within one week of the date of this letter.

In addition, you must continue to adhere to all IBM conditions of employment. This letter does not change the at-will status of your employment with IBM. Future violation of this, or any other IBM condition of employment, may lead to your immediate dismissal.

Manager's Signature:____________________________________ Date:____8/10/2020_____

I understand the contents of this letter.

Employee's Signature:____________________________________ Date: _____________

Cc: Employee Records

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Separation Letter from 2020

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