Thread regarding Bank of New York Mellon Corp. layoffs

Over 40 and laid off? Know your rights.

According to the federal Older Workers Benefit Protection Act of 1990, if laid off as part of a RIF and you are over 40, the firm must provide you 21 days to sign the agreement, not 3 days. This information may come in handy if laid off in December so that the lump sum doesn’t push you to a new tax bracket. They must notify you of your right to have an attorney, etc. This doesn’t mean you can avoid being laid off but just be aware of some of your rights under this Act.
Massachusetts also has its own worker protection for older employees and in MA they must pay you unused and accrued vacation under the Wage Act.

Here is a link to the act and if you google for it you’ll find many law firm pages that break it down.

https://www.eeoc.gov/history/older-workers-benefit-protection-act-1990

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Post ID: @OP+1jn5bm49q

15 replies (most recent on top)

  1. document everything..this includes conversations where you overheard something comfortable, were made to feel uncomfortable, any biases, any suprise feedback that was not memorialized in goals set by your manager
  2. if you're in NY you can record convos without the other person knowing..it's a 1 party state
  3. spend the money for a good employment attorney to have a consult to either get in front of future layoff or issue a complaint memo in advance to mitigate any retaliatory actions
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Post ID: @1df+1jn5bm49q

@z1+1jn5bm49q
That is the deformed mental mid-et we call 42 who is annoying you. 42 is someone jealous of the people on this board because he has no money and little hope for a good future. Pay him as much attention as you would a flyer or junk mail.

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Post ID: @z4+1jn5bm49q

@ tm+1jn5bm49q

lol where is my entitled attitude? All I did was provide the law as FYI. If you don’t care about your rights, that’s your prerogative. But a lot of people do and don’t know certain laws exist. We are all “entitled” to our legal rights. If that’s an entitled attitude, I’ll proudly say I’m guilty of researching and understanding my rights that I am entitled to.

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Post ID: @z1+1jn5bm49q

@tq+1jn5bm49q

42, the only thing you sell is manure. If you are such a success and entrepeneur, why is such a great deal of your time spent here lying, bloviating, blowing hot gas and being pathetic?
Is it because you are jealous of younger people and broken? Get counseling please. You may yet salvage something of your verrucose life.

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Post ID: @v2+1jn5bm49q

42 here and that’s what I worked total at four custody Banks. But I also had my own company and sold my products to many custody banks.

I’ve loved every job that I’ve ever worked since childhood and maybe I’ll work again someday. I come here only for a good belly laugh to see how incredibly non motivated employees from GenX on down to millennials.

And you all wonder why jobs are moving to India and Poland. Americans are the least well educated despite the fact that the U.S. spends more for education than any other country.

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Post ID: @tq+1jn5bm49q

@tn+1jn5bm49q
Over 55 is considered the glue factory for such horses. 65 and Prime? Hahahahhahaha….how ridiculous

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Post ID: @tp+1jn5bm49q

@sc

lol… 40 isn’t even close to old age to work. If you’re not in your prime as a worker from 40 to 65 then you have really done poorly in your career.

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Post ID: @tn+1jn5bm49q

@sd+1

Grow up. Your entitlement mentality has really become toxic.

There are no participation trophies as adults. And for the boomers, well we largely created our own jobs in the 1970s Jimmy Carter 25% hyperinflation.

This is your baptism as a worker. Get it right cause mom isn’t going to let you live in the basement forever.

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Post ID: @tm+1jn5bm49q

40 is way too young to be pretending age discrimination in displacements.

Work 42 years here and you’ll understand…

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Post ID: @tk+1jn5bm49q

: @ft+1jn5bm49q

OP here. I’m still at the firm hanging on by a thread. I just wanted to point out the law just on case as FYI to others. I know in most cases it’s not personal and agree we all need to just understand we all could go at any moment. I hear so many say “can you believe it?!!! So and so let go after x number of years?!!!” Yes I can believe it and business is business. Period.

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Post ID: @sd+1jn5bm49q

I read in another post 3 days so I’m not sure. Hopefully it’s at least in the paperwork for those over 40. Need someone over 40 and let go to confirm what the conversation was. Hopefully it’s at least in the paperwork.
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Post ID: @cs+ Are they forcing you to sign within 3 days?

And thanks for the reminder that over 40 is considered old. (Sigh)

Post ID: @cs+1jn5bm49q

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Post ID: @sc+1jn5bm49q

@OP,

Great point.

As a firm, the HR department operates like an emotionless machine. Neither Robin nor any of the C-suite executives know you personally or harbor any grudges against you. Please don't take it personally. If they did, they would have handled your situation differently.

Simply put, we are just numbers to them. I don't believe you are significant enough for them to set up a conference call just to "sc--w you over." From their perspective, they have to pay you, and whether you pay taxes or abscond to North Korea is not their concern.

I understand that as individual / family head / bread winner, we might feel like the world revolves around us. However, in reality, the world doesn't even care.

It hurts, but that's the truth.

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Post ID: @ft+1jn5bm49q

Are they forcing you to sign within 3 days?

And thanks for the reminder that over 40 is considered old. (Sigh)

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Post ID: @cs+1jn5bm49q

@c7+1jn5bm49q

Hi Robin

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Post ID: @cd+1jn5bm49q

@OP

BNYM follows all layoff and termination laws.

But you knew this of course

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Post ID: @c7+1jn5bm49q

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