Thread regarding IBM layoffs

Responding to @OP+1igzJkmH. I feel everyone might find this useful, so I am placing here. As someone who knows this in excruciating detail, you take what I am about to tell you as gospel.

Given I don’t know what your band is or job type, here goes.

Why are you in this position?

1. Was it planned? Of course.
2. Was it ageism? Even up to 2020 I would have said probably yes, but after all the lawsuits, the EEOC ruling, bad press etc, IBM is now extremely sensitive on this issue to the point of paranoia. So it’s hard to say. But lets assume yes so you can plan
3. How would you be chosen? IBM uses various methods, but time in band and band level are the easiest. If you’re a 10 or D for example, and you’ve been in band for 10 years (just as an example), odds are you’re not 29. In fact it’s easy to deduce you’re probably over 40 or even more likely over 50 without EVEN KNOWING your age. Performance therefore is unlikely to be considered unless you’re a high performer or someone likely to be promoted. A band 9 who’s been at IBM twenty years, is obviously over 40 and been in band for 10 years is less likely to be promoted
4. You mention your manager and his derogatory remarks about your age. Did he say this in front of others? How old is he? Approx is fine. How old is your second-line?

What’s next?

5. Should you sign the docs? IBM changed the parameters from 90 days to look for a job, and 30 days pay after Last Day of Work (LDW) to 30/90 to force even the holdouts to sign. So, this is entirely up to you. Only you know your financial situation
6. What do I give up if I sign? If you sign, you specifically give up the right to sue IBM for Age Discrimination. All you can do is go through arbitration (NOT mediation). Arbitration is final and in private. No judge. No jury.
7. Do I stand a chance in arbitration? No
8. You mention your boss. See 4 above. You need to document everything. When he said anything, implied anything. Write it down. Dates etc. Record conversations if needed. Should you go down this path, this is war, not a polite theoretical discussion over a cup of tea with your Sociology professor. Did anyone else say anything? Are there emails? Again, this war. Any and all documentation, reviews, etc etc are crucial. Use them!
9. Find out who else is being RA’d. Are you the only one? Are there others, if so, what age?
10. Are they replacing you with anyone younger? Do you have to train them? Who is this? Screen grab Blue Pages for team members not RA’d. Are they younger. Not just your team, but across your second-line. In fact copy anything and everything you think might be useful

Next

11. If you choose not to take the money, you need to file with the EEOC, you can do this regardless if you take the money or not, BUT, you really won’t get anywhere. Remember you have a limited period to file a complaint, so don’t waste time. You can do this online
12. Lawyers. Your choice, there’s the class action from NY. But the ones that have actually succeeded (a good test I’d thought), are the ones working on smaller cases but have made headway. You see them all in the press. Simply type “IBM age lawsuits” or similar into the Google machine. Try w-g.com and the others suggested in your original thread
13. Will a lawyer take my case? Yes and no. No if you sign, essentially you’re going to lose, and there is no upside. Yes, esp if you have more than a feeling of ageism. Like I said, what did your boss do, emails, anything to prove to a jury. Recordings, and so on. Emails don’t lie. Think of it from that perspective. A jury’s. Bring some ammo to the table. Get your boss to say something. I know sounds deceptive, but remember this is war.
14. How long does a lawsuit take? Years, but not decades. Think 2-4. Don’t count on a quick win or settlement, UNLESS, you have something super compelling

Good luck, and let us know what you decided to do.