SAVE THIS POST: What to do if laid off and over 40 years old

ALWAYS REMEMBER: The banks first priority is to the banks bottom line, not to you.

Relax and maintain your professionalism.

So far over 30,000 of your peers have faced the same thing. Be calm, be polite. Be considerate that this probably s—s for your boss who has to deliver the bad news.

He is given a script to read and he/she really has no negotiating power with the bank. They are given the docs, the script, and told to deliver the news. Thats it.

If over 40,

DO NOT SIGN ANYTHING

You can read why here:
https://www.justiceatwork.com/over-40–considering-severance-know-your-rights-before-you-sign-that-release

Over 40 years old, the firm needs to give you 21 days before returning the signed paper work.

Those over 40 are in a protected legal class and special rules apply to you.

IMMEDIATELY (!) Consult a labor attorney to review and represent you.

Last year the bank reduced its severance package by over 50%. You didnt have a say in the matter.

Know this is going to be your one and only chance to negotiate a better deal. A lawyer will likely get you a much better severance package.

Many times a company doesnt want an expensive lawsuit nor do they want public scrutiny (especially a bank like this one that has been constantly in the news) so they will likely offer a better package, but ONLY to those who challenge them.

Sure a lawyer costs money, but would you rather get 75000 severance - 10000 in legal fees or a 45000 severance package and no legal fees?

Call your local and congressional representatives. Make sure they are aware that Wells Fargo shipped your job to India. If enough people call and complain, politicians will take notice.

PRINT THIS OFF AND USE IT AS YOUR GUIDE WHEN THE INEVITABLE HAPPENS.

I wish you the very best!

Comment! It's anonymous!

29 replies (most recent on top)

Call the law firm Dewey, Chatham, and Howe. They’ll fix you right up.

@2kvq What in the actual f-ck was that???

Indeed!

Disgusting treatment
Receptionist/Administrative Assistant (Former Employee) - Atlanta, GA - October 17, 2018
I was slated to work at this place in mid October. I arrived 3 minutes late because Peachtree Street was partially blocked due to a movie being filmed, a situation I had absolutely no way of knowing would happen. When I arrived, I was sat in a conference room for 20 minutes before the receptionist came in and told me that the firm decided to rescind their offer because I was late. When I tried to explain that I had no way to anticipate a movie being filmed, they shrugged it off as something I should've already known about and that I should have planned to arrive earlier, even though I already left my house early to ensure my early arrival. I am extremely disgusted with how I was treated even though I was only 3 minutes late. For a firm that specializes in employment law and even had the nerve to say that "having empathy for people" was a requirement in their job description, absolutely none was shown to me as their employee. I'm not bitter, but glad that this callous behavior was shown to me so that if I did end up working there after that day, it wouldn't have been a shock. Absolutely disgusting way to treat someone and waste their time. I hope they're proud.

Indeed!

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Enjoyed people that worked at the firm
Firm Administrator (Former Employee) - Atlanta, GA - April 25, 2018
Individuals at this firm were great to work with.

. Moral was low due to the fact that the firm was not making a lot of money and attorneys were not settling cases. Geez, I wonder why?!??!

Wow, we have at least two faux lawyers here. Op and Post ID: @fxr+1a2BNMUQ.

Totally non-winnable cases from both a legal and financial standpoint.

Why don’t sharks attack Lawyers?

Professional Courtesy

What is the difference between a dead lawyer and a dead skunk in the middle of the road?

There are skid marks before the skunk

If we took all of the lawyers and lined them up end to end across the Pacific Ocean, what would we have?

A good start.

Always remember... a team of lawyers’ first priority is billable hours.

Help for people who have been wronged.... indeed?

Nope... after skimming these reviews I’d honestly rather stay at Wells.

https://www.indeed.com/cmp/Barrett-&-Farahany/reviews

Original Poster is quite probably one of the most immoral, unethical and utterly clueless attorneys ever.

First, it is bad advice. Period. There are not enough potential awards to cover legal costs. No ethical barrister would give this advice.

Second, it is a blatant advertisement for the law firm of Barrett & Farahany, which cannot even post an advertisement for themselves on their own website.

Finally, he targets and harms the weakest people at the time of their greatest needs.

Humanity simply does not get sicker than the original poster and the law firm of Barrett & Farahany,

OP is dramatic but dramatically clueless:

You can read why here:
https://www.justiceatwork.com/over-40–considering-severance-know-your-rights-before-you-sign-that-release

And the big message is: ... drumroll....

“Barrett & Farahany
The page you were looking for doesn't exist.
You may have mistyped the address or the page may have moved.
Back to Home“

Don’t take this wanna be lawyer tool’s advice.... sign the papers

My spouse is an employment attorney who is outside counsel to several companies that go through this. Believe me, the legal fees incurred by any lengthy negotiation, let alone a trial, far exceed whatever additional money you could get Wells to pay you. Remember, Wells is paying their outside attorneys, win or lose. They know this. Their attorneys know this. Your attorney knows this. That is why you hire a lawyer if you are in a protected class. I'm always amazed by the amount of money companies are willing to pay to settle out of court.

@fer+1a2BNMUQ

True, but didn't it still cap out at 52 weeks? I forget the details, there wasn't as much layoff activity back then do I didn't bother memorizing this stuff. O, the good old days.

OP is exactly correct if you’re willing to cut ties with WF completely and don’t plan on finding another job there. Whether or not you’re in an at will state does not have anything to do with EEOC protected categories such as age. There are specific other areas that are also not affected by being in an at will location such as retaliation. You can’t do it, at will or not. Yes, they gave good lawyers and great outside counsel however their primary duty is to settle...not argue the case or make you prove anything.

OP must be into agile development, posting this link
You can read why here:

https://www.justiceatwork.com/over-40–considering-severance-know-your-rights-before-you-sign-that-release

To this: Barrett & Farahany

The page you were looking for doesn't exist.

You may have mistyped the address or the page may have moved.

Back to Home

To everyone saying the OP is not true:
When it comes to layoffs, people over 40 have additional protections, just like other protected classes. E.g. - if you have a disability and you get laid off and it turns out it was because of your disability, Wells is going to get dragged and rightfully so. Same applies if you are over 40. If you are over 40 and you get laid off and your coworker who is 30 doesn't, that doesn't look good. Maybe your coworker is a better employer than you, and maybe not. The question then becomes how much does Wells want to pay to make your story go away. Sometimes it's not about who is right or wrong, it's about perception. Wells doesn't want any more negative publicity so if I was in any protected class and got laid off, I'm talking to an employment attorney.

Wow, you can use the internets and everything.

I'm 104, so any layoff for me is immediately discrimination, and the company will lose!

I believe what was cut was the notice period. One used to be an EE for 60 days post-notice before severance. Now it is 3 days or less in some situations.

Re: @fxr,

No you're not. A real lawyer would explain that almost every state is an at-will one. Either employee or employer can sever the relationship for any reason, or even for no reason. With notice, or with no notice.

The first thing a real lawyer would ask if if you signed an arbitration agreement when you joined the company, which you most likely did. That greatly hampers your ability to pursue much, and a real lawyer wouldn't ever bother talking to you much more after that.

A real lawyer would tell you that the company could have terminated without cause and to be grateful they offered any severance at all.

@myd+1a2BNMUQ It use to be four weeks per year. It changed in 2019, not 2020.

Comments keep getting deleted I guess.

This is terrible advice, I'm hoping OP is just joking.

I still want someone to back up this claim that the severance package was cut in half. I'm looking at page 16-8 of the benefits book right now. FTE with salaries up to $350K get 2 weeks a year, but I keep hearing this rumor that Charlie cut it half. So... Where's the proof of that???

I am an employment attorney - the original post is almost spot in.

I say almost because $10,000 is too high though. It would be $10,000 or more if we go to court and that bever happens (court is expensive for a corporation, plus reputational risk).

What typically happens is there will be some intense negotiation. Behind scenes they know that they are in a losing position.

The bank is betting most americans will just accept the original severance offer.

1-3% will sue.

Those that sue, get the better deal, its settled out of court, and my fee for representation is much less than $5000.

Usually the total severance package they get is double (or more) the initial offer which is cheaper (and better) than the potential legal expenses the bank will suffer and reputational risk they face.

Its just a sound business decision for the company to settle out of court.

They don’t have all those Wall Street lawyers for no reason. They know how to game the system. The elite leaves nothing to chance.

Please back up the severance package claim or GTFO.

Where do you get that the severance packages were reduced by 50%??? It's published in the benefits book, and it's been the same for years.

No way. You'll never prove anything and you'll end up more indebt with outrageous attorney fees .
Best to sign so you can get your severance and move on.
You only hurt yourself doing this.

Forget it, proving age discrimination is near impossible.

Methinks OP watches too much primetime television and is convinced that's how the real world works. Any real attorney would laugh at this, pat you on the head and tell you to go back and play with your toys. An enterprising one would bill you an hourly rate upfront and drag it our for years, fully knowing it ain't going anywhere. Good luck getting those fees reimbursed when an arbiter reminds you what at-will employment means.

this site is turning into a real arm pit. Your only advice here is if your over 40 find yourself a labor attorney! Good luck with the bills the attorney sends your way.

Good Advice

Thank You, OP

Thread regarding Wells Fargo & Co. layoffs

SAVE THIS POST: What to do if laid off and over 40 years old

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