Thread regarding IBM layoffs

"Severance Pay" verses "Legal Settlement"

IBM is very clever. Most people on this site think they are receiving "severance pay". IBM never ever uses that term, for good reason.

If you are RA'd and elect to file for unemployment, be very careful when asked if you received severance pay. You have NOT received severance from IBM, from IBM's perspective you have received a predetermined liquidated damage as a legal settlement. IBM will make you sign a release agreeing not to sue them even if you were the victim of age or race discrimination. Therefore you have entered into a contract with IBM to accept the payment and given up your valuable right to sue, in exchange for that payment, which is considered a liquidated damage. Nothing you will receive from IBM will categorize that settlement payment as "severance" so you should not call it that. If you mistakenly categorize the payment as severance you are delaying when you are actually eligible for unemployment compensation checks. Why, because the state unemployment office will look at the payment amount YOU called severance (but IBM did not) as an extension of your employment and therefore you are not eligible until that amount runs out. During that period you must meet the states' various requirements to receive unemployment. Most States include requirements like being able and willing to work and actively seeking employment.

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Post ID: @OP+159Z5QuC

14 replies (most recent on top)

In Texas, the unemployment folks (Texas Workforce Commission) have a definition of 'severance' that includes separation payments. So their, and the courts, interpretation seems to be that both 'severance' and 'separation' payments are the same. I think I will get a lawyer's opinion.

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Post ID: @gyzx+159Z5QuC

Personal injury settlements may not be taxable but the settlement you receive from IBM is not for personal injury and therefore most likely is taxable.

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Post ID: @1csm+159Z5QuC

FYI.. "So they shouldn’t be taking taxes out if it is a legal settlement but I bet they do" Settlements can be paid as wages. So taxable

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Post ID: @1lga+159Z5QuC

In the package doc, the settlement is subject to taxes.

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Post ID: @1and+159Z5QuC

So is the 'legal settelement' subjected to income tax ultimately ?

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Post ID: @1nwf+159Z5QuC

So they shouldn’t be taking taxes out if it is a legal settlement but I bet they do.

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Post ID: @1igr+159Z5QuC

From the author_Post ID: @OP+159Z5QuC

Please read the first 4 words of this post. "IBM is very clever". There is a legal difference between separation and severance (google it). If you sign the IBM Separation Agreement but tell the State Unemployment office you received "severance" pay then I think you are delaying your unemployment benefits. You may want to engage an attorney in your state for about an hour of his or her time to get their opinion. it may cost $200-300 but may net you a few thousand that you are legally entitled to.

In the interest of transparency, I was RA'd by IBM a few years ago and fell into this trap. I am not promoting or selling anything and do not seek to benefit from you predicament. But you may want to read the first few paragraphs on the site below and make your on judgement:

https://www.formisanoandcompany.com/blog/2018/02/what-is-the-difference-between-separation-and-severance-package.shtml

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Post ID: @1glt+159Z5QuC

Thanks for the clarification.

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Post ID: @1xcc+159Z5QuC

Thank you! This is so helpful, just read my paperwork & this is true. It is listed as a separation payment.

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Post ID: @1yqf+159Z5QuC

IBM is pretty slimy in their approach. Consider not taking severance and becoming part of a class action suit. That scares IBM more than anything.

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Post ID: @1hmg+159Z5QuC

It says separation payment not severance payment so we did not receive severance payment ?

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Post ID: @cph+159Z5QuC

Thank you . Do we need to answer NO when asked if received severance package?

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Post ID: @zlj+159Z5QuC

Thanks friend! Very helpful!

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Post ID: @kph+159Z5QuC

yes, this is all correct. IBM actually gives no severance pay. It's a payment to you in exchange for signing that you will not sue them for any reason in the future. Very tricky indeed. If you choose not to sign, you in effect, get zero.

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Post ID: @ekf+159Z5QuC

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