Thread regarding Allstate Corp. layoffs

It's you're not your and laid not layed.
You're an id–t who clearly doesn't know how to read.
The ADA states that certain assessments can't be given to employees who are disabled and yes the first part of our "skills" assessment was a behavioral one. Depending on the state: OP may have a case if they were forced to take the assessment since people on the spectrum are supposed to be exempt from taking them as part of an evaluation (it may however be given as a prerequisite for employment but not after).
Dyslexia on the other hand, which clearly you suffer from, is not exempt.

I am sure your safe now after pretty much all but saying your name.... they will look to HR to see who you are and you will be safe. Congrats for all your patting yourself on the back and pointing out your disability. I have one too, but NEVER would think to threaten an employer with a lawsuit due to my disability! Because if I get layed off, I look at it as an opportunity and that something better awaits me!!!! All of us adjusters do exactly what you do on a daily.. including arbitration, which is not a promotion (its an addition to your job duties) getting praised by senior leadership, are parts of committees and problem solving groups.. your not special! And Allstate doesn't care about you or what you do because frankly we ALL are replaceable! Instead of threatening discrimination lawsuit on a public forum how about add all those Amazing things you do to go up and beyond, to your resume and be prepared for "if" you get layed off. I am so tired of seeing all the complaints on here! If you are so worried, then start looking and find another job.. if your that unhappy and hate Allstate then quit or wait it out or whatever but quit b–ching because it isn't going to change a damn thing! Their are jobs out there people if you want a change, make the change and be your own advocate.. Anyone can do anything they want to do if you have the will and determination to to take action. That is the key!

You must sign an agreement that you will not sue Allstate in order to get your severance package. Otherwise you will forfeit your severance. Either way you are screwed. In addition, I was one of many laid off in California as they say they do not want anyone employed in this state with the exception of a few. However with this Covid thing, many that do the same work that I did moved to AZ and left their families in CaIfoenia continue to work remotely in California. But yet, Ii have a California address and could have still done my job remotely And was laid off. How does that make sense.

Speaking of signing that arb form, does anyone think that was a foreshadow of what we are now dealing with? I didn’t have to sign any arb agreement the year prior. Makes you wonder.

If the lawsuit occurs, the results will be similar to the salary/hourly class action lawsuit filed in CA against Farmers, Allstate and some other carriers. Happily salaried employees like myself, were forced to go hourly. Allstate closed every single claims office in CA to avoid future lawsuits. Then there was a lawsuit recently about enforcement of breaks/OT and paid out a class action suit also in CA. Guess who has a new batch of employees now working in CA again? Yes, you guessed it, Allstate, thanks to Esurance and now National General. That's another to do item on the Allstate list for the future.
So if your lawsuit is successful, while you may be able to reap some financial rewards for yourself, you just made getting a job for you and anyone like you much more difficult in the future as employers will look first at your disability (if disclosed) and all the possible lawsuit landmines they have to avoid just to have you as an employee versus what value you will bring to the company. That makes it much harder for everyone.

Severance is not GIVEN to anyone. You WiLL get a NDA release which will be very through and state if you share info from your job goto media etc etc etc they will sue you for repayment. Severance is given by companies to buy protection to their brand and intellect property not out of good of heart or some idea of care. Think of what you could take to plaintiff atty or a public adjuster. The attorneys that work in legal in claims go back and forth all the time from plaintiff to defense work, and yes they use information learned working in one area for the other.

That’s why they’re not telling us the results of the assessment. They know what they’re doing. The rich hold the power.

It was a skills assessment.....not behavioral

Has anyone considered that in order to receive severance they will likely have you sign a release?

1opq+16DAgCN2 WELL PLAYED! I love hearing how you beat the “man” at his own dirty game. Hats off to you 😊

Not gonna lie, whole team took the assessment together as a group over 2 days. One ofmy coworkers husbands is a psychologist with a masters and helped us manage through it. May feel bad but can’t risk alternative

Hey OP. I have the same diagnosis as you and have also performed the same as you and served on the same teams. Do us all a favor and stop blowing smoke up your own a—. All the things you’ve “done” for this company literally mean nothing. Sorry to break it to you kid.

Thank you everyone and this is just if I get let go and they tell me the reason was I didn't perform well on the behavioral assessment. Oh and to the person who accused me of not being good at my job and using my disability as an excuse let me clear some things up for you:
I am an LDU adjuster and when I am rated during my PDS I am given the same metric as all of my coworkers and for the past two years I have been rated as "Expected" or "Better than Expected" in all areas.
I was on a committee for "Root Cause Problem Solving" (I think most if not all MCO's have one) and was praised by the regional leader of my office for skills. I also worked on a committee that organized recognition for people in the office (and all the while I was still able to manage my work load which was the same as my coworkers who are not disabled).
When the pandemic started I was promoted to what is known as an arbitrator and my first month on the job I broke the record for my office for most cases heard in a month. The next month I heard double that and broke the record for the state and possibly the country. I also became the "dump desk" and was taking care of the extra work of employees who feel behind or were out due to an extended absence.
All the while when people press 0 for help and get me I handle the call as if though it was my own claim instead of just passing the buck.
What accommodations was I given due to my disability which involves sensory issues? I was allowed to wear an ear plug while in the office so the sound of everyone talking wouldn't bother me. When I requested that other works not be allowed to spray aerosol sprays near my desk (which should be not be permitted since so many people have respiratory issues) I was told that they couldn't stop it but I could go for a walk if needed (fair enough) oh the one day I had a sensory melt down my leader told me I could take the rest of the day off and I said no: I would be fine in in a little while I will stay late to make for the time loss that I was looking for a reasonable accommodation and not a reduction in work; Being allowed to go some place and "reset" myself was accommodation enough.
Now you may be thinking if I am such a good employee, why stress about the assessment?
It counts for 30% of the metric that they are going to use to determine if I have a job or not that is almost 1/3 and a pretty decent chunk. If that is what causes them to determine I should be let go then I have every right to claim my disability was overlooked and the assessment was not a fair way to determine if i should be laid off.
People on the spectrum may have high I.Q.s and be great at our jobs, heck the regional leader's leader complimented me on being empathetic over the phone, but it causes me to not be so good at behavioral questions like the ones in the assessment. Had Allstate been transparent with what the assessment was I would have requested that they review the ADA guidelines because this assessment could potential be seen as a violation of EOCC laws regarding people who are disabled since those types of test have been PROVEN to be faulty for properly assessing people with autism spectrum disorders.
Now I probably have nothing to worry about but the point is that Allstate clearly didn't take into account ADA or EOCC guidelines which means when they essentially bullied me into taking the assessment, they broke the law.

OP Good for you and looking at the big picture if you are laid off. I wholly support anyone that has been discriminated against to exercise their rights, as many do not out of fear or lack of knowledge. You disclosed your disability, accommodations were not made so no ones fault but theirs if they lay you off. No one is above Federal Law even Allstate.

Lawsuits have a way of following you for life. Unless you win big, it may not be worth it. But, should you go forward, I wish you god speed and good health.

True Allstate is an “At Will” company and so are some states. However the fact that this person has this disability and was FORCED to take the assessment should be discussed with the EEOC or attorney. But of course knowing Allstate they knew this going in an we’re willing to take the risk of being sued. In all honesty everyone in the company that’s protected by Americans with Disability Act should talk with the EEOC or an attorney just to know there rights.

Remember Allstate had everyone to sign that agreement last year starting you would discuss via ARB before going for a jury trial. And my attorneys has reviewed that document and like everything there’s always a loophole.

So, do you anticipate losing your job by fault or dye to the company downsizing. Maybe your challenges are more than just being an individual who happens to have asperberger's.

Is that an excuse for poor job performance, it certainly does NOT seem to have reduced your planned manipulation skills!

ADA is a federal discrimination law and is one of the exceptions to “at will”. If it can be proven that the law was broken in regards to ADA, “at will”goes out the window.
Similar to FMLA.

Criteria 1: average reviewed performance over the last 2 years. Criteria 2: owned critical business abilities to carry into the future. Tie breaker: seniority.

Sounds fair to me.

At will is based on each state. Also. ADA claim could be a powerful position against Allstate. FYI: Non-compete clauses are illegal in some states and can be challenged in court too.

Good luck with that pal. Allstate is an at will employer and doesn’t even need a reason to fire anybody

Good luck with that.