Thread regarding Avaya layoffs

The fired the person that fired you? The depth of their incompetence has been at comedic levels since 2022. The group video call firings and the deactivation in 8 hours of your account are all part of a company that knows they will never grow ever again.

This is precisely what the Layoff is about. Sharing. Protecting the innocent. Circumventing corporate propaganda and slanted narratives. While the corporate bullies believe they should be able to control what is posted here, they have very limited opportunity to change or avert the flavour of the posts.

We should, I must observe, take delight in their recent obsession with voting us down and planting corporate blubber. In the last 24 hours it has actually turned to direct bullying.

Someone should remind them that they are not in their roles because they are fabulous. And we didn't lose our jobs because we are not fabulous. Private Equity took advantage of a weakness with the corrupt CFO Keirnan McGrath and his fancy bookkeeping. There was a private equity corporate raid. Masarek was capable but didn't join to be raided. He negotiated out before we ever learned of his bonus and before P Diddy was ever named to the BoD. He had no desire to be at the helm with a bunch of arrogant pirates who believe they earned their bo--y.

Carry on folks. Take delight that the leaders are so desperate that they must attempt to bully us on here. Take pleasure in that they KNOW potential buyers, customers, partners and investors read these posts and they need to try to pivot the narrative. Facts are facts. We all know that. We also all know that we have received more honest information from this page than we have ever learned from press releases, town halls or any propaganda emails.

I love this so much.

Ignore the noise. The bullies. And the fact that the Avaya letter was insanely passive aggressive that they DECLARED within the letter that YOU are who didn't sign. Yet once they were exposed they back peddled and admitted it was on them for firing the HR person. That is the MOST AVAYA thing I've ever heard.

Dealing with an Employer Who Doesn’t Pay You - Don Valley Community Legal Services

https://www.donvalleylegal.ca/blog/dealing-with-an-employer-who-doesnt-pay-you/

Avaya HR called after i posted my email here. They stated that the person in HR who handles my termination was also terminated shortly after me, and my signed papers were never processed, which is why they sent me the email that I had posted here. (I was released November 6th and returned my signed termination agreement Nov 7th.) They then confirmed they found my signed papers and were proceessing an amount owed for the commissions due from deals that I closed just prior to my termination. Through subsequent emails, I asked if Avaya would be paying the legally owed interest on the amount withheld. Avaya's response was it is not in Avaya's policy to pay such interest. I have asked them to reconsider thier position, as i do not agree with thier position/policy. I have to hear back, but they know my position on the matter. I have a burner if you need more information. 431 804 4515

@199 GOOD ON YOU! I trust they just accused many of posting it as the letter was sent to several people, at minimum (based on other reports).

Go ahead and post it again in the comments here. Let's protect one another. (You may need to request your spouse or family member to do so as they limit us to one comment per thread).

Hysterical that Avaya KNOWS how ridiculous that letter is and that they are crossing the line legally enough to request you take it down!

Bravo to you!

@199 for the record, Avaya asked me to take down the post, but I never agreed to do so, nor did I authorize The Layoff to do so.

I am the guy that sent the actual email from Avaya. I had recieved it two years after being let go. I did not understand the letter, and thought it might be a scam. That is why i posted it here. I just wanted to find out if others recieved the same email.
What hornets nest did I kick?

Disappointed in @TheLayoff . A post like that is precisely the purpose of this site.

Speaking for US residents only. If Avaya has already processed your severance payment without a signed agreement, they have essentially lost their primary "bargaining chip". In legal terms, the company has taken on several significant risks:

1. The "Gift" Risk (Unfettered Right to Sue)
   No Release of Claims: The main reason companies pay severance is to "buy peace"—specifically, a signed release that prevents you from suing for wrongful termination, discrimination, or harassment.
   Status as a "Gift": If they pay without a signed release, the payment is often legally viewed as a "gift". You can keep the money and still file a lawsuit against them later.

2. Lack of Enforceable Restrictions
   Non-Disparagement & Confidentiality: Separation agreements typically include clauses that forbid you from speaking poorly of the company or sharing trade secrets. Without a signed contract, these restrictions are generally unenforceable.
   Non-Compete/Non-Solicitation: If your original employment contract didn't cover these, and you haven't signed the exit agreement, you may be free to work for competitors or recruit former colleagues without the new restrictions applying.

3. Difficulty in Recovery (Clawbacks)
   Unjust Enrichment Claims: While Avaya could theoretically sue to get the money back under "unjust enrichment" (claiming it was a mistake), this is expensive and difficult to prove if they initiated the payment voluntarily.
   Employee Protections: In many states, once wages or benefits are paid, employers have very limited rights to "claw them back" unless there was a clear clerical error.

4. Why They Are Emailing You Now
   The email you mentioned is likely a high-priority "cleanup" effort by Avaya's legal or executive compensation teams to close these vulnerabilities. By getting your signature after the fact, they are retroactively securing the legal protections they accidentally gave away when they processed your check early.

The first link has been deleted.

Upon review it appears it is the post where someone posted THE ACTUAL email copy that was sent from Avaya "HR Services" (outsourced firm, likely).

I didn't save the actual email (and I have Avaya blocked so I likely didn't receive the email), but I did save a few of the comments as I found them to be helpful.

See below....

AVAYA LETTER IS A concerning and serious situation. Here's what you should know and how to report it:

What makes this potentially problematic
Non-disclosure agreements can be illegal or unenforceablewhen they attempt to prevent employees from reporting workplace violations, discrimination, or illegal activity to government agencies. The timing (2 years later) and the conditioning of payment on signing are red flags worth scrutinizing carefully.
Steps to take
-- First, do not sign anything until you've had a lawyer review it. Many employment attorneys offer free consultations, and this is exactly the kind of situation where a 30-minute review could protect you significantly.
Where to report
The right agency depends on what the NDA is trying to cover up or restrict:
NLRB (National Labor Relations Board) at nlrb.gov— if the NDA restricts your right to discuss wages, working conditions, or union activity with coworkers. This is one of the most common NDA violations.
EEOC (Equal Employment Opportunity Commission) at eeoc.gov — if you believe the NDA is designed to suppress discrimination or harassment claims.
SEC Whistleblower Program at sec.gov/whistleblower — if it involves financial misconduct, which is relevant given Avaya's bankruptcy history.
Your state labor board — many states have stronger worker protections than federal law, especially California, New York, and Illinoi.
State Attorney General — most AGs have a consumer/worker protection division that investigates predatory employer practices.

+++Practical advice for the thread+++
The fact that multiple ex-employees are receiving this email is actually significant — collective complaints carry more weight with regulators than individual ones!! If others in that thread are experiencing the same thing, filing jointly or coordinating complaints to the NLRB would strengthen the case considerably.
You are legally protected from retaliation for filing complaints with any of these agencies, and you cannot be denied money you're legally owed simply for refusing to sign an NDA.

Thank you!!!! 👍