#employeerights

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Help negotiating UK VR

They’ve basically given me a week to take VR otherwise it’s CR

If I take VR I get extra 2800

If I don’t I get statutory terms

They want me gone come what may in a month

First consultation meeting is next week.

Does anyone know if I can apply for VR say in week 2-3?

Can I request they extend the month because I’ve applied for internal job?

Anything I should be aware off?


Take PIL+retire or just retire?

I heard that a guy offered the PIL had a lawyer review the terms and there were some clauses in the PIL agreement which gave EM some rights to reduce or cancel his retirement benefits.

Are there any clauses in the PIL agreement which jeopardize your retirement benefits?

The guy I heard about simply turn in his retirement notice and skipped the PIL payments.

What are the terms of the PIL?


Laid of in london - Heres my package in 2026

Was laid off early May and given 3 weeks until 29 May to sign the settlement agreement

My package looks like this
3 weeks to review settlement agreement (no work to do and fully paid)
3 month notice period - Got lucky as this was changed during covid years when they got scared of people resigning with only a month notice
6 weeks tax free redundancy for six years service which was lousy
22 days holiday paid out which I had accrued
Pension and medical insurance paid for 3 months and 22 days

tried to fight for my bonus but got zero

Basically cost me 65 grand to make me redundant in the UK - I was on 140K salary as a senior consultant and I get to leave end of May as I am put on PILON

I start in a new job on 15 June so this is all fine for me and I am delighted

People who are laid off should be using these boards to share what they got so that others can do the same - The time is coming - The numbers are sh-t and they are in a hole with no way out


strictly hypothetical

lets say a sr manager is mentioned in a public lawsuit and an employee has information useful to plaintiffs case, perhaps showing, just as an example, that the manager has made similar comments supporting the fact thay maybe he or she really doesnt care about people with a disability. does the employee automatically get fired for speaking up?


Guzman y Gomez Withdraws From US, Faces Worker Suit

Guzman y Gomez permanently closed all its US restaurants. The Australian fast-food chain shuttered eight Illinois locations. Displaced workers filed a federal class action lawsuit. They allege insufficient notice for the mass layoffs. The company cited stagnant sales and high capital costs for its exit.

Chicago, Illinois

https://www.koranmanado.co.id/en/guzman-gomez-exits-us-lawsuit


Employee Loses Severance After Exit Interview Comment

An employee reportedly forfeited an $80,000 payout. This followed a casual comment made during an exit interview. The worker was initially laid off and anticipated the payment. The company reportedly changed his termination status. Consequently, the expected severance was then withdrawn.

https://m.economictimes.com/us/life/employee-expected-80000-severance-after-layoff-but-one-casual-remark-during-hrs-exit-interview-cost-him-the-entire-payout-and-changed-his-termination-status/amp_articleshow/131305156.cms


Why Is Tech Still Afraid of Unions?

Why aren’t tech workers in countries with weak labor protections organizing unions? The Samsung chip employees’ strike and subsequent payout amid record profits shows it works. TSMC workers may be next. So what’s actually stopping unionization in tech? At places like NetApp, it feels like a race to the bottom.


401K Blackout Window Before the 6/29/2026 HW Aerospace Spinoff

Has anyone heard any information about when the blackout window is to the 401K Plan right before the 6/29 Spinoff? I am moving to the Aerospace side and need to make some changes, but would like to make them as close to the spin as possible. Thanks


Pregnancy & Layoff — Severance Negotiation Experience?

I’m currently pregnant and was recently laid off. I was wondering if anyone here has been in a similar situation and tried negotiating their severance package. Just trying to understand if companies are generally open to reasonable discussions, especially around healthcare coverage or severance duration.


Fired Black Employee Sues Capone For Stack Ranking

Credit:

https://www.hcamag.com/us/specialization/employment-law/ex-manager-sues-capital-one-alleges-forced-ranking-drove-layoff-pick/576317

UNITED STATES

Employment law
Ex-manager sues Capital One, alleges "forced ranking" drove layoff pick
Cybersecurity manager claims calibration sessions, not performance, decided who lost their job

Ex-manager sues Capital One, alleges "forced ranking" drove layoff pick
By Tez Romero
22 May 2026
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A 56-year-old Black cybersecurity manager is suing Capital One, claiming a hidden "forced ranking" system pushed him out under the cover of a layoff.

That is the central claim in Hickman v. Capital One Financial Corporation, No. 3:26-cv-00450 (E.D. Va.), filed May 21, 2026, in the US District Court for the Eastern District of Virginia. John Hickman, who spent 12 years at the bank and finished his career as a Manager, Cyber Technical on Capital One's "Watch Tower" cybersecurity team, says his October 2023 termination had less to do with performance than with race and age.

For HR leaders, the filing reads like a tour through the pressure points of modern performance management: calibration sessions, coaching plans, mid-year reviews, and reduction-in-force selection criteria — all of them, Hickman alleges, bent toward a predetermined outcome.

Hickman says he received "Strong Performance" ratings on every mid-year and end-of-year review from his end-of-year 2019 evaluation through 2022, with no documented concerns and no change in duties. Then, at a February 2, 2023 meeting, he was told his 2022 year-end rating was "Inconsistent." The complaint says the written feedback was largely positive but ended with a line that he "did not exhibit manager-level strengths relative to his peers."

That phrasing, the filing argues, gives away the game. Hickman alleges the downgrade was the product of Capital One's "forced ranking" — what the bank internally calls "calibration" and "distribution" — under which, he claims, at least 15% of employees must land at "Inconsistent" or "Below Strong" regardless of actual performance. He also points to the company's own guidance describing calibrations as "a time for leaders to demonstrate [Capital One's] commitment to Diversity, Inclusion and Belonging," language he says is at odds with what happened to him.

The coaching plan that followed, according to the filing, was delayed, packed with nearly two dozen vague deliverables, and at one point flagged "Communication" as a problem area — even though his year-end review had rated his communication "Strong." Hickman says he met every expectation by late May 2023. Instead of the policy-required outcome notice, he was told on July 24, 2023 that he had been selected for a reduction in force effective October 1, 2023. The complaint also alleges that Capital One quietly withheld an unfavorable mid-year review to make him RIF-eligible, and that his manager was instructed by Associate Relations not to deliver mid-year reviews to anyone tapped for the cuts.

The age numbers, drawn from what the filing says is Capital One's own OWBPA disclosure, are the part HR readers will likely linger on. Within the Manager, Cyber Technical population considered, 14.3% of employees 50 and older were selected, compared with 7% of those under 40. Across all roles considered, the rates were 4.8% (50+), 5.8% (40+), and 2.8% (under 40). The decisional unit, Hickman adds, was limited to employees hired before January 1, 2022 — a cutoff he says skewed older.

Hickman, who earned $175,263 plus a bonus opportunity of up to $24,000, is seeking back pay, compensatory, liquidated, and punitive damages, and has demanded a jury trial.

The allegations have not been tested in court. Capital One has not yet filed a response, and no judge has ruled on any of the claims.

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LATEST NEWS
Ca--abis ban for flight crew: when workplace safety overrides legal rights
Ca--abis ban for flight crew: when workplace safety overrides legal rights
Supreme Court hands employers a costly loss on multiemployer pension withdrawal liability
Supreme Court hands employers a costly loss on multiemployer pension withdrawal liability
First Circuit revives political discrimination case after lower court overreach
First Circuit revives political discrimination case after lower court overreach

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Lawyer Up

I hate hearing everything that current employees are dealing with. It su-ks. It was a great company and I was proud to work there. I worked at Fannie Mae for nearly 20 years.
I was part of a big layoff several years ago. I was laid off just before a large scale early retirement package was set to be offered (and it was widely known this was happening!). With my downsizing, I was offered an AWFUL exit package (with no extended insurance and less $ than expected). So I hired an attorney.
I HIGHLY recommend that anyone laid off - do not sign your letter before you speak to a qualified attorney. Trust me - you’re leaving a lot of money on the table.


REPLACED BY H1Bros? SEE MY POST!

If you are a U.S. citizen or green card holder and feel you’ve been unjustly treated—whether through biased performance evaluations, wrongful termination, or being passed over for promotions—especially when H-1B workers are in your team, know that there are legal channels ready to support and protect you. Your rights deserve to be defended, and you don't have to stand alone. You have a voice, and there are avenues to fight for the fair treatment and justice you are entitled to:

U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC stands as a safeguard against workplace discrimination. If you’ve been unfairly dismissed or treated differently because of the presence of H-1B workers in your team, you have every right to file a charge with them. No worker should be sidelined or mistreated.

U.S. Department of Labor (DOL)

The DOL ensures that U.S. workers are protected against any unfair treatment. Employers are legally obligated to prioritize American workers for hiring and retention. If you’ve been bypassed for an H-1B worker or unfairly dismissed, the DOL will investigate violations and hold employers accountable.

State Fair Employment Practices Agencies (FEPAs)

Many states have their own agencies to fight workplace discrimination and unfair dismissal. These agencies are there to ensure that U.S. workers’ rights are respected. Check your state’s official website to find out how you can take action.

National Labor Relations Board (NLRB)

The NLRB steps in when unfair treatment involves collective bargaining or labor issues. If you believe that U.S. workers are being dismissed in favor of H-1B employees, the NLRB can investigate and take action to ensure fair labor practices.

Contact Your Elected Officials

You have the power to demand accountability from your elected representatives. Write to your Congressman or Senator to raise your concerns. They can fight for your rights, bring attention to the unfair treatment of American workers, and push for legislative changes to prevent such abuses.

U.S. Citizenship and Immigration Services (USCIS)

It is illegal for employers to displace U.S. workers in favor of H-1B workers or to keep H-1B workers on staff while laying off U.S. employees. If you have evidence of this, you can report these violations to USCIS for thorough investigation and enforcement.

U.S. Immigration and Customs Enforcement (ICE)

The presence of H-1B workers from countries that are adversarial to U.S. national security can expose companies and industries to significant risks—from intellectual property theft to potential espionage. If you suspect that there’s foreign influence or other national security threats in your workplace, it’s important to report this to ICE’s Homeland Security Investigations (HSI).

Federal Bureau of Investigation (FBI)

If you suspect that H-1B workers or employers are engaging in illegal practices, such as manipulating hiring processes, violating labor laws, or committing immigration fraud, you must report it to the FBI. These coordinated efforts can harm the integrity of our workforce, and the FBI is equipped to investigate and bring justice to any parties involved in criminal activity.

American workers deserve fairness, respect, and opportunity. If you feel you’ve been unfairly treated because of the presence of H-1B workers, you have the right to stand up for yourself and fight for your rightful place in the workforce. Don’t stay silent—take action today, and help restore the integrity of our job market.


Laid off? See this post!

If you are a U.S. citizen or green card holder and feel you’ve been unjustly treated—whether through biased performance evaluations, wrongful termination, or being passed over for promotions—especially when H-1B workers are in your team, know that there are legal channels ready to support and protect you. Your rights deserve to be defended, and you don't have to stand alone. You have a voice, and there are avenues to fight for the fair treatment and justice you are entitled to:

U.S. Equal Employment Opportunity Commission (EEOC)

The EEOC stands as a safeguard against workplace discrimination. If you’ve been unfairly dismissed or treated differently because of the presence of H-1B workers in your team, you have every right to file a charge with them. No worker should be sidelined or mistreated.

U.S. Department of Labor (DOL)

The DOL ensures that U.S. workers are protected against any unfair treatment. Employers are legally obligated to prioritize American workers for hiring and retention. If you’ve been bypassed for an H-1B worker or unfairly dismissed, the DOL will investigate violations and hold employers accountable.

State Fair Employment Practices Agencies (FEPAs)

Many states have their own agencies to fight workplace discrimination and unfair dismissal. These agencies are there to ensure that U.S. workers’ rights are respected. Check your state’s official website to find out how you can take action.

National Labor Relations Board (NLRB)

The NLRB steps in when unfair treatment involves collective bargaining or labor issues. If you believe that U.S. workers are being dismissed in favor of H-1B employees, the NLRB can investigate and take action to ensure fair labor practices.

Contact Your Elected Officials

You have the power to demand accountability from your elected representatives. Write to your Congressman or Senator to raise your concerns. They can fight for your rights, bring attention to the unfair treatment of American workers, and push for legislative changes to prevent such abuses.

U.S. Citizenship and Immigration Services (USCIS)

It is illegal for employers to displace U.S. workers in favor of H-1B workers or to keep H-1B workers on staff while laying off U.S. employees. If you have evidence of this, you can report these violations to USCIS for thorough investigation and enforcement.

U.S. Immigration and Customs Enforcement (ICE)

The presence of H-1B workers from countries that are adversarial to U.S. national security can expose companies and industries to significant risks—from intellectual property theft to potential espionage. If you suspect that there’s foreign influence or other national security threats in your workplace, it’s important to report this to ICE’s Homeland Security Investigations (HSI).

Federal Bureau of Investigation (FBI)

If you suspect that H-1B workers or employers are engaging in illegal practices, such as manipulating hiring processes, violating labor laws, or committing immigration fraud, you must report it to the FBI. These coordinated efforts can harm the integrity of our workforce, and the FBI is equipped to investigate and bring justice to any parties involved in criminal activity.

American workers deserve fairness, respect, and opportunity. If you feel you’ve been unfairly treated because of the presence of H-1B workers, you have the right to stand up for yourself and fight for your rightful place in the workforce. Don’t stay silent—take action today, and help restore the integrity of our job market.


The way I see things...

I worked as a developer in the Fusion Middleware area, first on the on-premise tools and later on Oracle Cloud.

My experience at Oracle was extremely negative. I believe a large part of that was because I am female, honest, and a highly competent developer.

Those qualities were not valued in Oracle development. Let me address each of them individually.

Female - There were no female managers or architects in the area where I worked. Management was dominated by Indian men from a culture where women are expected to be subordinate to men, and in my experience that attitude showed clearly. I worked for multiple managers who used the same kinds of tactics. They sabotaged demos I was giving by providing incorrect conference numbers, setting me up to demo on systems with bad network settings that caused slow screen updates, telling me to prepare slides for a two-hour session and then suddenly saying I only had one hour while pretending surprise that I had created slides because I had been instructed to do so. I was also once paired with another manager’s aggressive subordinate, who went first and then claimed I was demonstrating something different from what I had been told, making me appear unprepared.

I was undermined in many other ways as well. I was restricted in what I could work on, excluded from status meetings, denied information, given incorrect information, and subjected to every kind of obstruction imaginable.

Not everyone behaved this way, but enough men did that it became impossible to function normally. I was constantly forced into a defensive position. Although there were a couple of senior managers above me who supported me, my direct managers did not, and they had enough control to make it appear that I was the problem when I was not.

There were a few women I interacted with. Some, like me, were honestly trying to do their jobs. But one woman in marketing appeared to believe it was in her interest to undermine me with the men, and another woman who was very involved with one manager also helped set me up at one point. Because of that, I eventually felt I could not even trust the other women at the company.

Before Oracle, I had been a very successful developer at other companies and had received awards for my work. Oracle has serious cultural problems, and if you are a female developer, I would advise leaving the company. There is a much better life outside of it.

Honest - The managers were, in my opinion, largely incompetent. They were deeply insecure, and even the slightest sign of initiative beyond what they explicitly directed was treated as a threat. From what I observed, this was true of nearly every manager I encountered. They were paranoid, dysfunctional, and operating inside an equally dysfunctional environment. Managers would temporarily align with one another to sabotage employees or other managers they wanted to target. It genuinely seemed like they enjoyed doing this, and that much of their professional world revolved around schemes to damage someone else’s reputation or career.

By the end, I felt as though I was working inside an organized crime operation. The sabotage never stopped. One manager cultivated loyal enforcers who would do whatever he wanted to anyone he targeted. Unfortunately, I ended up under this truly toxic individual. Oracle moves developers around like interchangeable parts, and you often have no control over who you work for. This manager made s-xual comments toward me and treated me in a degrading way. He isolated me from others in the group and refused to assign meaningful work. In my opinion, he was deeply disturbed and manipulative.

Later, he worked with another manager and a woman connected to that manager to isolate me further and pressure me into writing a new application they intended to take credit for themselves.

There is no place for honesty at Oracle. If you want to be a thug and enjoy the idea of operating inside something that feels like a mafia structure, then Oracle may suit you. Honesty will not help you succeed there.

Extremely Competent Developer - If you are a strong developer who wants to build meaningful products and do real engineering work, Oracle is not the right place. I was an excellent developer. Earlier in my career, there were times when my abilities were questioned because I was female, but I was always able to prove myself and earn the trust of the men around me through competence and results.

At Oracle, competence was not appreciated. The managers I worked with valued loyalty above all else, and the people most loyal to management were often the least capable technically. They protected their jobs by flattering managers, attacking other developers, and helping management manipulate or undermine people within the company.

I was promoted once while I was there, but I believe that only happened because of intervention from a senior manager above me. Even while I had support at higher levels, the manager directly above me continued sabotaging me constantly.

I would have left earlier, but I had reasons for staying, so I continued trying to demonstrate what I could do, just as I had at previous companies. None of it mattered. Management remained determined to harass me regardless of my abilities.

I also saw other highly competent developers, including men, targeted in many of the same ways. My impression was that management feared capable developers because they themselves were incompetent, insecure, and uncomfortable with real technical discussions about products or code.

One important thing to understand is that none of this was obvious at first. The managers were skilled at hiding what they were doing until you started paying very close attention. They always had plausible explanations ready, and because you want to be cooperative and professional, you initially accept those explanations and move on.

For a long time, I had an application that I mostly worked on independently, and that insulated me somewhat.

My competence also allowed me to survive there longer than many people would have. My first manager gave me increasingly difficult assignments. Initially, I believed that meant he trusted my abilities. Later, I realized he was escalating the difficulty in hopes that I would fail. I believe he wanted to point to the “incompetent woman” and say, “See, she couldn’t handle the work.” But that never happened because I successfully completed every assignment I was given.

It is a deeply unhealthy place. If you dislike women, will blindly obey your manager, including sabotaging coworkers, and especially if you enjoy attacking people and playing dirty tricks, Oracle may be the place for you.

If you actually want to do real engineering work, almost anywhere else would be better.