Very interesting they are not including the bonus (KPP aka STI) in calculating our compensation amount as the Verizon Severance Policy states. I am sure what took them so long to answer was them checking with their legal team to see how they could lay us all off as cheaply as possible.
Here are my thoughts, I am not a lawyer and had to look up terms to understand most of them. But looking through all the pages in our Offer Letter/Employment Agreement "contract" it appears “to me” the Retention Bonus and Severance are separate payouts. They each have distinct qualifications to receive the payouts. In the contract, I could not find it in direct writing or even implied that the Retention Bonus could substitute or replace taking the (STI/KPP) calculation from coming up with our total compensation. If HCL is officially saying this, it is an Anticipatory Breach of contract because they are not honoring the contract by combining the Retention Bonus and in the Severance calculations.
We need to speak out and get them to pay our money, all our money. Again, not a lawyer but it looks like because this is a "dispute" we have some options:
• Reach out to HCL leadership and HR. Not joking, I say this so we can 1. start the paper trail and 2. let them know we are not happy about it.
• Reach out to our leadership contacts at Verizon, if they have not jumped ship already.
• Go to arbitration (I believe we waived our right to arbitrate as a group, join a class action lawsuit, and be represented by a lawyer????).
• Reach out to the U.S. Department of Labor (DOL) – which can help with employee contract disputes.
• Reach out to the National Labor Relations Board (NLRB) – which can help with employee contract disputes.
• Reach out to a lawyer in our area (I am), not sure if I am reading the contract correctly and each state may have different laws regarding breach of contracts.
• Please review the employee contract if you have not already and chime in with any thoughts or additional things we can do to avoid getting railroaded.
As we learned at Verizon, “Team We Have a Call to Action” to say this is not ok, not even a little bit. The more people that speak up, the more chances of this getting fixed. Every one of us must do our “individual” part to ensure we get what was promised to us!