Thread regarding Fiserv Inc. layoffs

Do you really want to waste your resources on a lawsuit? Move on with your life. Save the lesson learned that you are the only source of success and income, never depend on any company or person. The career landscape has changed (awhile ago), think like an independent contractor - because that's how you're treated. Companies want a flexible workforce. Fit into that role, build your skillset for the market.

Part of any settlement would include terms to not talk about the settlement. Only the people who lost and left with nothing would be able to answer this question. The people who left with more money as a result of trying would not be allowed to answer.

@dt Don't listen to this foolishness.

If a company has a WRITTEN POLICY, there is NOOOOOOOO negotiation. You can negotiate with companies without a policy because there is NOTHING IN WRITING OR DOCUMENTED.

PLEASE PEOPLE.... DO NOT COME TO THIS SITE LOOKING FOR LEGAL ADVICE. THESE PEOPLE WILL HAVE YOU LOOKING STUPID AND WITHOUT ANYTHING. SEEK COUNSEL OR MAKE THE DECISION WITH YOUR OWN BRAIN.

Key Takeaways & Counteroffer Strategy for Severance

HR representatives are trained negotiators, and the initial layoff package is simply their opening offer. Most employees sign right away out of embarrassment or shock, but it is critical to treat this purely as a business transaction. If needed, consult an employment lawyer to review your terms before signing anything.

1. Core Areas You Can Negotiate

• Accrued PTO & Sick Time (Earned Time):
• PTO/Vacation: Ensure all accrued, unused vacation time is paid out in full. While required by law in many jurisdictions, confirm it is explicitly itemized and calculated separately from severance.
• Unused Sick Time: Sick time payout is rarely legally required, but you can request that accrued sick leave be cashed out or folded into your total payout as a goodwill gesture.

• Severance Pay: Request additional weeks or months of base pay anchored to your tenure, past contributions, or industry standards.
• Healthcare Continuity: Ask the company to cover full COBRA premiums or maintain your active health coverage for a set duration.
• Restrictive Covenants: If non-compete or non-solicit clauses restrict your ability to find work quickly, request that they be waived or narrowed—or ask for higher severance to offset the limitation.
• Equity & Bonuses: Negotiate accelerated vesting for upcoming equity tranches or a prorated payout of your annual bonus.
• Transition Support: Request company-funded outplacement or career coaching services.

2. Standard Counteroffer Framework

"Thank you for sending over the agreement. I value my contributions to [Company] and want to ensure this transition is handled fairly for both sides. Given my track record—including [1–2 key achievements]—I’d like to request the following adjustments before signing:

• Full payout of all [X] accrued PTO hours and [Y] unused sick days upon termination.
• An adjustment in severance pay from [X weeks] to [Y weeks].
• Company-paid COBRA coverage through [Date].

If we can update the agreement to reflect these revised terms, I am prepared to sign the release promptly."

3. Best Practices

• Document Everything: Keep all communications in writing via email for a clear record.
• Check Local Labor Laws: Rules around mandatory PTO and sick time payouts vary significantly by state/region.
• Use Speed as Leverage: Offering a quick turnaround on signing the general release once terms are updated gives HR a strong incentive to accept your request.

Think about your actions in terms of their ROI. You might feel like you got the short end of things... but in most cases it's best to take it on the chin and move on.

@bn Hard to get such evidence. Do not encourage the man and cost him his severance package.

If you were laid off and they replace you with OPT or H1B, your rights as an American are being violated. No contract or agreement waives your rights to file a complaint.

https://www.justice.gov/ier

@ae Well not exactly. Signing an at-will employment agreement does not waive your rights under federal, state, or local civil rights laws, nor does it prevent you from filing a lawsuit for discrimination, harassment, or retaliation.

At-will employment simply means the employer can terminate you for no reason or any lawful reason. It never gives an employer legal permission to terminate you for an illegal reason.

During employment, You most likely signed an agreement stating that your employment is at‑will and the company can terminate you at any time without giving a reason. You are not going to win a lawsuit. And you will lose your severance package

How do they force you?