Posted on 10/22/2015 7:08:16 PM PDT by Lorianne
SunTrust Banks in Atlanta is laying off about 100 IT employees as it moves work offshore. But this layoff is unusual for what the employer is asking of its soon-to-be displaced workers: SunTrust'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 deal 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 Nov. 1. This is according to several of the affected employees, who requested anonymity for fear of retaliation.
(Excerpt) Read more at computerworld.com ...
You wouldn't - although I get the impression these soon-to-be-ex employees are far from beholden to SunTrust.
The article, especially remarks provided by SunTrust, implies that calls are only made when the situation is litigation or akin to litigation, and that the workers probably wouldn't be called. Assuming that is accurate, the "not for pay" proviso is ham-handed.
The article doesn't describe the severance package as a whole. It might be generous to the extent that being available for say 5 hours in two years is a nothing-burger.
"but the document also called for raising the prevailing wage paid to foreigners on H-1B skilled worker visas and putting in place a requirement that employers hire American workers first"
H-1B Visa Ping!
If I had an account with them, then I would close it.
Won’t be going to Disneyland or using any of their products either.
If they offer you a deal to be "on call" and the payout seems to be enough to make it worth it, then by all means, go for it. Otherwise, you've been laid off... it sucks, but you have to move on.
A little more info:
2 weeks severance per year of employment.
Here’s what purports to be the clause in question:
“For a period of two (2) years following the end of my employment with SunTrust, I agree to provide assistance and to make myself reasonably available to SunTrust regarding matters in which I have been involved in the course my employment with SunTrust and/or about which I have knowledge as a result of my employment with SunTrust. It is understood and agreed that such assistance, to the extent possible, will be requested at such times and in such a manner so as to not unreasonably interfere with my subsequent employment. Such assistance may include, but is not limited to, telephone or in-person meetings with SunTrust employees, attorneys and/or accountants, or the provision of truthful testimony by way of deposition, hearing, trial, interview, subpoena response or affidavit. SunTrust will be responsible for any reasonable and necessary expenses incurred by me and approved by SunTrust in connection with such services. I understand that I will not be entitled to any additional consideration or compensation of any kind from SunTrust in exchange for such assistance.”
Improperly train the replacements, take the severance and then just not be available.
Better option would be for all the IT to get together and negotiate a much better severance package as a group.
Give access to critical business systems to embittered former employees with no compensation but threaten legal action if they refuse.
What could possibly go wrong?
Non-compete clauses do not apply when a worker is fired.
Nope. Violation of FLSA. Unenforceable in court.
No life for two years.
On Call deserves special compensation.
I’d walk on them at the nearest made opportunity.
Loyal to me not to thee.
The key words here are “reasonably available”
They may not be ENFORCEABLE but they most certainly exist.
And if you accept a severance package, there may be ‘terms’ and ‘conditions’ to get the check.
Tell them you are drunk every time they call up for some history.
Keep them on the phone for 2 hours with tales of your adventures last weekend before getting down to brass tacks on the issue at hand.
You got it.
Wizards of smart
2 weeks severance per year of employment.
Complete crap.
And train the newbies.
Slavery rears its ugly head. Slavery is the normal condition of human civilization and always recurs whenever the powerful think they can get away with it.
Indeed.
And probably there is another document that bumps the severance slightly if the employee agrees not to sue. I’ve seen lots of severance packages over the years, but I’ve never seen one that requires this level of uncompensated commitment from a staff level employee.
I’ve have a checking account with SunTrust (originally with one of its acquired banks) for 39 years. I am tempted to move banks, but are there any banks that don’t offshore work? It needs to be public information how many jobs are offshored.
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