Posted on 10/19/2015 6:24:24 PM PDT by markomalley
SunTrust Banks in Atlanta is laying off about 100 IT workers as it moves work offshore. But this layoff is unusual for what it is asking of the soon-to-be displaced workers: The bank's severance agreement requires terminated employees to remain available for two years to provide help if needed, including in-person assistance, and to do so without compensation.
Many of the affected IT employees, who are now training their replacements, have years of experience and provide the highest levels of technical support. The proof of their ability may be in the severance requirement, which gives the bank a way to tap their expertise long after their departure.
The bank's severance includes a "continuing cooperation" clause for a period of two years, where the employee agrees to "make myself reasonably available" to SunTrust "regarding matters in which I have been involved in the course of my employment with SunTrust and/or about which I have knowledge as a result of my employment at SunTrust."
The employees were informed of their layoff at the end of September, and the last day of work for some is on Nov. 1. This is according to several of the affected employees, who requested anonymity for fear of retaliation.
The severance is seen by affected employees as a requirement to provide ongoing technical assistance as needed. The severance agreement itself says that this assistance from former employees "will be requested at such times and in such a manner so as to not unreasonably interfere with my subsequent employment." An employee shared the severance clause with Computerworld.
(Excerpt) Read more at computerworld.com ...
Former employees. If the bank is willing to do this sleazy move, just think what they have done in the past. Band together, put up a few hundred dollars each and hire an attorney and investigator. Dig up the dirt. What you do with the dirt is your business.
Even better, tell them you’re working for one of their competitors.
That’s hilarious. And parhetic if you really believe that.
Violation of the FLSA.
Let’s see.....two years on call? OK. I’ll do it for one million dollars per year.
I think it relates to limitation of Services by another method. If a company releases you in some states they can limit your ability to ply your trade within a time limit, typically 2 years...
If you accept no severance and you have essentially refused continued employment...
Not sure how the various state unemployment boards view this type of disconnect
That bank is obviously unaware of the possibility of grit in the gears.
Folks, this bank is facing a security nightmare.
Calm down everybody. It is a bank. They are not bound by your silly laws, morals, constitution. If you don’t like it don’t do business (or work) with them.
You couldn’t build enough 5 star prisons to hold them accountable.
Incredible brass and stupidity isnt it?
HR,go figure.
So, I see Suntrust is hiring bottom of the stack it people now. Good luck with that.
This makes me ill..time to look up who suntrust is donating too..Jeb?
13th Amendment
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
Will never hold up in court. Agree to it, then, if they call, tell them to perform an impossible act on themselves.
May the company go bankrupt and the executives become homeless beggars for giving those jobs to non-Americans.
IT people should have no trouble finding jobs. Don’t walk, run.
Does doesnt it? Sickening to see people treated this way and jobs export. Makes you feel helpless and destitute doesnt it?
Could be you and your job next.
It will come as quite a shock when this bank has a gigantic security breach, with details of depositors’ accounts, transactions, and passwords available for the world to see.
Why not just take the money and then be “unavailable” when/if they called asking for help? The agreement is probably unenforceable in any case.
That said, this is another excellent example of the H1B visa sham: if we’re so in need of tech workers, why are companies laying off American IT people and then hiring H1B visa holders? Time to cut off ALL H1B visas for a few years.
If this affected me, I can assure you the first time they expected support from me it would be the last...... ‘oops, been so long I forgot a few things.. sorry but that datase...
I’ll probably regret asking, but what would be the basis for the lawsuit?
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