#employeerights

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How long after layoff are you paid?

Question for those of you who have been impacted by a layoff recently: I understand that you receive a call/ meeting with HR and you are separated that day. How long after that date did you receive your regular pay (not any severance)? Also, how long did benefits continue, specifically health insurance? Thanks!


BNY Mellon faces ADA lawsuit over alleged accommodation breakdown and firing

A former Bank of New York Mellon associate alleges the bank fired him while his disability accommodation request was still pending in its system.

Gibbs Kanyongo Jr. sued BNY on May 12, 2026, in the U.S. District Court for the Western District of Pennsylvania. The complaint brings claims under the Americans with Disabilities Act and the Pennsylvania Human Relations Act for failure to accommodate, disability discrimination, and retaliation.

The story, as the filing tells it, begins on Aug. 4, 2025. Kanyongo - a Client Processing Associate in BNY's Loan Administration department in Pittsburgh - says he broke a bone in his foot and suffered ligament damage in his ankle playing basketball. Two days later, according to the complaint, a UPMC podiatrist diagnosed a severe ankle sprain and signed documentation stating Kanyongo was limited in his ability to walk and needed to work from home for six to eight weeks. He says he called BNY's HR department on Aug. 7 and asked how to submit it. The complaint says HR pointed him to the online portal and to BNY's "Medical Certification: Reasonable Accommodation" form.

What followed, the complaint alleges, was more than two months of back and forth.

Kanyongo says he submitted the certification on Aug. 26. According to the filing, BNY responded on Sept. 5 to say the doctor had filled out parts of the form incorrectly. Kanyongo says he got it redone. On Sept. 24, 2025, he says he emailed the corrected certification - signed by his treating provider - to peopleadvisorsamericas@bny.com, an inbox the complaint says HR had told him to use during a mandatory two-week security leave.

Twenty-three days later, on Oct. 17, 2025, the complaint says his manager called and told him he was being terminated for failing BNY's "Working Together" in-office requirement on two occasions. The filing alleges his accommodation request remained pending in BNY's process when that call was made.

The complaint raises three issues that sit squarely in HR territory.

The first concerns the interactive process. The filing alleges that during the 23 days between Kanyongo's Sept. 24 submission and his Oct. 17 termination, BNY did not contact him to say his documentation had not been received or processed, or that he remained at risk of termination. His AT&T telephone records, according to the filing, show a 37-minute call to BNY's People Team line on Oct. 14, three days before he was terminated.

The second concerns BNY's automated attendance system. Under the "Working Together" policy as described in the complaint, employees must work a minimum of three days per week in the office, and two violations within a 12-month period can trigger termination. The complaint says Kanyongo received a first violation notice in May 2025 for the period from March 23, 2025 to April 19, 2025 - before his injury. The filing alleges that on Oct. 17, 2025, he discovered an automated notification flagging him for a further violation covering Sept. 6 through Oct. 4, 2025, and that the automated system had also not credited his accommodation for an earlier flagged period ending Aug. 8, 2025 - the period the complaint says an HR representative had told him his completed accommodation would retroactively excuse.

The third concerns what the complaint frames as an inconsistency between BNY's position statement to the EEOC and BNY's own internal records. The complaint says BNY's position statement asserted that Kanyongo's manager, Sally Baker, "never told [Mr. Kanyongo] he was not allowed to enter in-office exceptions" and in fact "encouraged him to do so." The filing then cites BNY's own People Solutions portal entries from Sept. 19, 2025, which Kanyongo says recorded his report that his manager had advised him "he cannot keep using in-office exceptions & he can only use three in-office exceptions for the time being," and that "his manager is not approving of in-office exceptions."

According to the complaint, an HR representative had told Kanyongo earlier in the process that once his completed forms were received and approved, the accommodation would retroactively cover and excuse the flagged days. The filing alleges that step never took place.

Kanyongo also says he wrote a message in BNY's portal on Sept. 5, 2025, describing himself as "unable to walk or travel," having "been trying to get this request submitted and approved for over a month," and having "called every week talking to someone asking for an update." According to the complaint, he arranged to be picked up and transported on his broken foot to get the forms completed, and asked BNY's People Advisor Team to call his physician directly. The filing says BNY declined, citing HIPAA.

Kanyongo is seeking back pay, front pay, compensatory damages, punitive damages, and attorneys' fees. He has demanded a jury trial. The complaint says he was unemployed for approximately six months after the termination, and that his new job pays roughly $5.00 per hour less than his BNY salary.

The allegations have not been tested in court. BNY has not yet filed a response to the complaint, and no court has ruled on the merits of any of Kanyongo's claims.


Lawsuit

This speaks to the cesspool that is Norwalk as a location & Client Solutions as a department. No wonder they axed that whole team in Norwalk!

https://www.hcamag.com/us/specialization/employment-law/factset-fired-black-consultant-one-day-after-fmla-request-suit-alleges/574956

I hope she gets every penny she sues for


Unionize now

Contact a Union: Reach out to an established union or organizers like the Emergency Workplace
Organizing Committee (EWOC) for assistance and legal guidance.
• Sign Authorization Cards: Gather signatures on authorization cards from at least 30% of the employees to show support, though 50% or more is recommended
• Seek Recognition: Ask your employer to voluntarily recognize the union, or file for an election with the NLRB if they refuse.
• National Labor Rel... +4
Legal Protections & Rights
• Federal & State Law: Workers in the private sector are protected by the National Labor Relations Act (NLRA).
• Illinois Workers' Rights Amendment: This state amendment guarantees the right to organize and bargain collectively, protecting workers from certain types of employer retaliation.
• Protected Activities: You have the right to discuss unionization with coworkers during non-work


Expose and Report H1B Visa violations*

  • Both the individuals but more importantly Humana for knowingly turning a blind eye and not checking each year that Visas are up to date and maximum allowed time a person can remain in the United States in an H1B Visa. This is not intended to be cruel bit rather intended to save and protect American Citizen’s jobs and future employment in this country.

Information regarding Maximum Time:
The maximum time a person can remain in the United States on an H-1B visa is generally six years, typically granted in two 3-year increments. However, this period can be extended beyond six years if a permanent labor certification or I-140 petition has been pending for over 365 days, or if an I-140 is approved but a green card is not immediately available. 

Key Aspects of H-1B Time Limits:

  • Initial Limit: Initial H-1B status is up to 3 years, with extensions allowing a total of 6 years.
  • Recapture Time: Time spent outside the U.S. during the H-1B period (vacations, business trips) can be "recaptured" to extend the 6-year limit.
  • Extensions Beyond 6 Years: Individuals with a pending or approved employment-based green card process can extend their H-1B status, often in 1 or 3-year increments, under AC21 regulations.
  • Reset Requirement: After hitting the 6-year limit, the visa holder must generally live outside the U.S. for at least one full year before becoming eligible for a new 6-year H-1B term.
  • 240-Day Rule: If a timely extension is filed, you may continue working for up to 240 days beyond your current expiration date while the petition is pending. 

Disclaimer: Immigration regulations can be complex. Please consult with a qualified immigration attorney or USCIS for specific cases.


WARN -- New York - I only got 30 days????????

The New York State Worker Adjustment and Retraining Notification (WARN) Act requires employers with 50 or more full-time employees to provide at least 90 days of advance notice before mass layoffs, plant closings, or business relocations. This law, which is stricter than the federal WARN Act, ensures employees have time to find new jobs or seek training


Cigna not giving rest breaks

Has anyone else had a problem with Cigna not scheduling your legally entitled rest breaks? I have had many conversations with my manager about this, and they continue to not give me rest breaks. I have filed a complaint with my state's BOLI 6 months ago, and they have not investigated yet. Am I the only one?


Affordable Contractors Insurance Study Ranks Mississippi Risky for Workers

A recent study analyzed worker risks across the United States. Affordable Contractors Insurance conducted the comprehensive report. Mississippi ranked eighth among states with the biggest risks for workers. Factors included high layoff rates, low wages, and limited unemployment benefits. The state also lacks paid sick leave and family leave laws.

Biloxi, Mississippi

https://amp.sunherald.com/news/local/article315646434.html


Can't hide the truth if you know how to look at the data.

If you are fired, please do the below analysis on this doc you get: Older Workers Benefit Protection Act (OWBPA)

If you are older than 40 (or 50?) years old, you should get a OWBPA document (it shows ages and job titles of the fired people). MAKE SURE to save it locally immediately!!! If you view it and then leave the page, the document will show as read and you may not be able to access it again (at least that happened to me). You may be able to get GEMINI to help you do the analysis (turn AI against big dirty red!).

My guess it would be eye opening (to a judge:)) to see the breakout/comparison of job title and age for higher paying jobs (engineering and technology) versus job titles and age for lower paying jobs (help desk, admin assistants, etc..). Would not be surprising to see this output - just as an example of what might be uncovered: 50 people that are 55+ years old fired and all in high paying jobs.... and then another 50 people that are 20 to 35 years old and all in lower paying jobs (and MUCH easier to backfill or put a contractor in later). If you just looked at ages, you would say it looks ok. But, if you included wages, AND job titles, you would see a definite bias in the example.


Working In A Coal Mine ?

TIAA facing a federal lawsuit from a former wealth advisor who says he was pushed out after seeking disability accommodations.

Phillip Pham, who spent nearly a decade at the financial services giant, filed suit in the U.S. District Court for the Eastern District of Michigan on February 16, 2026, alleging the firm violated the Americans with Disabilities Act and Michigan's Persons with Disabilities Civil Rights Act. The case, which stems from an Equal Employment Opportunity Commission filing on June 10, 2025, seeks compensatory and punitive damages, along with attorneys' fees.

Pham joined TIAA in November 2015 as a wealth advisor and, according to the filing, built himself into one of the firm's top performers — consistently ranking in the top ten in product sales and accumulating almost $900 million in assets. That track record, the lawsuit argues, did not insulate him from what he describes as discrimination after a series of concussions forced him to ask for workplace adjustments.

The filing lays out three concussions — in 2016, around September 2021, and on July 13, 2023. The first left Pham with memory loss, delayed speech and impaired mental processing. After the third, his physician determined that his symptoms mirrored the severity of the 2016 episode and recommended reduced hours for one month, a gradual return to a full-time schedule and blue screen protection on his equipment.

According to the lawsuit, TIAA did not reduce Pham's workload to make the shorter hours feasible and did not officially approve the reduced schedule until early 2024. Even then, the filing states, Pham still carried more clients and higher asset amounts than other wealth advisors at the firm.

What followed, the lawsuit alleges, was a series of moves that systematically undercut Pham's ability to succeed. His Wealth Director, Theresa Serafimovski, allegedly issued a written warning on July 19, 2024, tied in part to symptoms of his condition. The filing claims he was told to hit 100 percent of his performance targets within weeks — despite a prior agreement setting the bar at 85 percent. That higher standard, the lawsuit says, was not placed on his colleagues.

Perhaps most striking for industry observers: the filing alleges Pham was the only wealth advisor not invited to TIAA's client referral system — described in the lawsuit as the only way advisors could source new business and grow their books. The firm reportedly attributed his exclusion to workload concerns, but Pham argues it effectively cut off his pipeline for external revenue.

On August 16, 2024, Pham submitted another physician's note recommending a reduced client load and that he avoid working through dinners. He spoke briefly with someone in human resources, according to the filing, but heard nothing back. Two months later, on October 15, 2024, he was called into a meeting with Human Resources Director Ashley Bigham and Human Resources Manager Kristin Johnson. He was terminated during that meeting, and his accommodation request was scuttled.

Since leaving TIAA, Pham took a business manager role at Washtenaw Christian Academy from January to May 2025, earning $55,000 annually, before launching his own life insurance venture, Phamily Phinancial Group, in June 2025. He says he has not yet been able to collect unemployment.

The case is in its earliest stages. TIAA has not yet responded, and no court rulings have been issued. But the lawsuit lands at a moment when large wealth management firms face increasing scrutiny over how they handle accommodation requests and whether internal performance systems inadvertently penalize advisors returning from medical leave. For compliance teams and firm leadership, the allegations — if they hold up — could underscore the legal risks embedded in everyday management decisions, from referral access to equipment upgrades to how time off is tracked.


FTS

Did any FTS folks get the axe?

They got rid of the mandatory furlough just a few weeks before the sh-t hit the fan. In retrospect, that feels very telling. Make the contractors work every holiday now that they canned everyone else.

And no amount of OT you can chase is ever going to make up for the $30k bonus that other dude got last year — while also getting paid vacation time and holidays with his family instead of toiling away like some bottom feeder. That’s how they see us. Disposable labor.

Don’t let them take your soul. Do whatever you can to let the contract lapse and collect unemployment if possible. Use this as a runway to get the fu-k out.

And if you’re FTS and got laid off:
How many years were you there?
Did you get any kind of package?
Or were you just completely SOL?

Because in FTS land, contractors are treated like the trash beneath the trash pile — completely disposable.

My contract is up in a few months, and I’m wondering whether they’re just going to let contracts lapse or try to force all of us into full-time RTO without any increase in pay or benefits.

They need to pay me more to be onsite full time, and their legalese is not magically going to protect them. Up until literally last week, leadership messaging was that we would never be required back full time. That was the understanding many people accepted when agreeing to these roles.

Use this moment as your runway:
Ask for more.
Push back.
Or safely get the fu-k out of this shell game.

The longer you stay in contractor land, the more years of your life you are tossing into the fire.

They will never voluntarily give you benefits, vacation time, a 401(k) match, or meaningful raises. And if, by some miracle, you finally get a conversion opportunity, they’ll often lowball you so hard that you either:

1.  Stay a contractor out of necessity, or
2.  Convert while feeling deeply resentful and underpaid.

Someone I know was there for over five years:
• Underpaid
• No vacation
• No bonus
• No 401(k) match
• No raises, not even cost-of-living increases
• Overtime never approved
• Still expected onsite the same amount as FTEs

And when they finally tried to convert, the offer was reportedly so low it felt insulting and demoralizing.

Do not get trapped in contractor land.

FTS feels like a shell game, and honestly, a lot of this starts raising real questions about worker classification and fairness. Massachusetts has strict contractor laws and the ABC test for a reason.

If people feel they are being misclassified or denied lawful compensation, they should absolutely consider speaking with an employment attorney or contacting the Massachusetts Attorney General’s Office Fair Labor Division to understand their rights.

Also, if contractors are truly separate workers through a staffing agency, it raises questions when internal skip-level managers are effectively controlling compensation conversations while simultaneously claiming they cannot know contractor pay details.

Like any contracting arrangement, if someone is making $50/hour and the vendor is billing dramatically more for that labor, there should be room for fair treatment, annual increases, and basic respect for long-term workers.

At some point, companies have to stop treating experienced contractors like permanently temporary people.

ProTip: In MA you can file a complaint with the Massachusetts Attorney General’s Office Fair Labor Division, and enough people reporting similar sh-t can absolutely trigger a larger investigation into misclassification or wage violations.

And honestly? Use AI to help draft it. Why spend hours stressing over wording when you can dump your timeline into ChatGPT or Microsoft Copilot and have a solid draft in 4 minutes.

File here: MA AG Workplace Complaint Form


Protected PTO - Corporate cost savings

I was RIFd yesterday, and I see that severance only pays out unused regular PTO, not protected PTO.

They really pushed employees to NOT use protected PTO as it is meant for illness and other unintended absence. I had built up quite a bit of it, and used regular PTO almost always.

Now I’m thinking the reconfiguration of PTO was more about cost savings than anything else. I was not aware that protected PTO would be forfeited or I would have used that first and foremost.

Very sneaky move Medtronic.


CSS Brokerage RIF

Has anyone heard if CSS in brokerage is being impacted? If so, do you know what sites? I’d like to think not as they just told us RTO is coming and I don’t see how an immediate RIF makes sense when it’s clear they want to see people quit rather than RTO. It’s also a client facing inbound role for managed accounts. But, with all the changes the last couple years aimed at attrition and seemingly preparing for this moment, who knows…

Side question, if someone is laid off and has unvested shares, do they pay those out to any degree?