There are laws to help you on this out-sourcing nightmare. For example, if you are over 40.... "For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers."..... see http://www.hg.org/article.asp?id=5969 ..... So, when the time come and BD presents you the package, ask a lot of questions and how they select the people to stay or go..... If you don't like the package, don't sign it..... Start negotiate and also threaten to sue.... In case you need to sue, BD will settle with you long before the case will need to go to the court.... Remember, you can ask any manager from BD or the outsourcing firm, such the CEO, CIO and etc, to testify in the deposition...... It will cost BD tons of disruption and legal fees to defense themselves..... BD knows that very well and this is why they are willing to "enhance" the package as a bait for you to sign.... They did not do that out of kindness.... Just a "business" need....
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BD will be doomed if someone sue them for age discrimination, they had targeted older employees for last couple rounds of layoffs and there will a long list of people willing to testify in a lawsuit.