Thread regarding IBM layoffs

RA'd Employees in CA - you have rights protecting your accrued vacation

I'm an RA'd employee (March 2) residing in California, from the Sandy Carter/Robert LaBlanc failed experiment known as "IBM Cloud Ecosystem Development". What a joke.

My manager informed me by email on 5/2 that I MUST take my 8.5 accrued days of vacation prior to separation date 5/31. THIS IS ILLEGAL IN CALIFORNIA, and was confirmed by my HR Rep. The HR Rep stated that the Manager's RA Guide is very clear that any employee residing in California is protected by CA labor laws from an employer taking their accrued vacation days from final severance payment.

If you live in CA and your manager has told you that you MUST take your accrued vacation (and will be deducted from your final payment) ... talk to you HR Rep and exercise your right to collect the CA-protected accrued vacation in your severance.

Do the math. This can account for thousands of dollars deducted from your already-paltry 1-month severance. Don't let IBM get away with this! IT'S THE LAW!!

by Anonymous
| 1376 views | | 7 replies (last May 9, 2016) | Reply
Post ID: @OP+HgvDX6k
Comment! It's anonymous!

7 replies (most recent on top)

IBM sucks

by Anonymous
| | Reply
Post ID: @3zru+HgvDX6k

Hey OP (@HgvDX6k), I am in NY, so this does not apply to me but it's appreciated as we should help each other by sharing info. Thanks man...

by Anonymous
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Post ID: @1yke+HgvDX6k

Your manager evidently takes cost controls seriously. Perhaps she will get a bonus for getting you to play by her rules. Would you put that past the new IBM?

by Anonymous
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Post ID: @rin+HgvDX6k

I would also be interested in whether you are able to successfully file for Unemployment in CA. Please post if you try. Thanks

by Anonymous
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Post ID: @ljj+HgvDX6k

@gzg - thanks for making the point I failed to in the original post.

Allow me to add another: My manager crossed over the line from telling me that it is "expected", "encouraged" and "strongly suggested" that I take any accrued vacation days before 5/31, to telling me I MUST take them. She went on to explain that she intends for the "Accrued Vacation Days Value - Not Taken" line on the severance payout accounting to be $0. Regardless if I take them or not.

The HR Rep started out saying the same thing, until she realized I reside in CA, and then changed her story from "You must take them" to "Since you live in CA, your accrued vacation days value is protected by California labor law". But for everyone else (not in CA), they must take them or forfeit the cash value in final severance.

There seems to be multiple interpretations of a single truth, and my manager (who resides in CA also and knows better) has decided to be: (1) lazy, (2) incompetent, (3) ignorant, &/or (4) discriminating against me. Probably all four.

by Anonymous
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Post ID: @pqx+HgvDX6k

IBM employees have always had the option of being paid for unused accrued vacation when they leave the company, just be sure to take all unused personal days, those you will not be paid for.

True...but what the poster is saying and what you seem to have missed is that IBM management is trying to get employees to take vacation during the time that should be severance pay time. It is a typical underhanded management move either intentionally or just because most of them are incompetent. Any doubts look at the corporate numbers.

by Anonymous
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Post ID: @gzg+HgvDX6k

IBM employees have always had the option of being paid for unused accrued vacation when they leave the company, just be sure to take all unused personal days, those you will not be paid for.

by Anonymous
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Post ID: @ayf+HgvDX6k

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