Bonum Certa Men Certa

IBM Likely Breaking Several Laws With Latest 'Secret' Mass Layoffs

posted by Roy Schestowitz on Sep 19, 2024

MISUSE OF NON-DISCLOSURE AGREEMENTS

The one and only press article so far: (aside form low-grade junk/slop by translators)

IBM quietly axing thousands of jobs, source says

Never sign an NDA, those are likely illegal anyway (recent US laws/rulings).

How about WARN Act? From the comments:

The Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") is a U.S. labor law that protects employees, their families, and communities by requiring most employers with 100 or more employees to provide notification 60 calendar days in advance of planned closings and mass layoffs of employees.

[...]

And if your name is Elon, what penalties are imposed if you don't? A mild scolding, a few years down the road?

[...]

Looking at the requirements, this likely doesn't count as one.

"A mass layoff is defined (under the WARN Act) as a situation where one of these criteria are filled:

500 employees: At least 500 employees lose their job during a 30-day period at a single employment site

50 employees: 50 employees are laid off (if the laid-off employees make up at least 1/3 of the workforce)

33% of the workforce: At least 33% of the workforce loses their jobs (excluding part-time employees) at a single employment site during a 30-day period."

seems fairly likely they're not laying off 500 people at any one site, or 33% of the workforce, and they definitely have more than 150 workers.

[...]

IBM for the most part avoids the requirements of the WARN act by scattering its workforce all over the country. Different teams may appear on paper as being in different locations. IBM uses deviously cleaver planning to optimize its workforce for staff reductions. There is a way to beat them. See the other comments...

Also in the comments: "Excuse me ? If you're laying me off I will not sign that and I will talk about it. Now what are you going to do ? How is it that this kind of thing is legal ? At the very least, I would have thought that someone being "forced" to sign that NDA would go directly to court over the matter."

See: Several States have Enacted Broad Ban on Non-disclosure Agreements

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