July package

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anonymous said:
You get paid for July and August by normal direct deposit. Severance will be mailed out in a package with statistics breakdown of who was let go by age, sex, etc. with a letter that says you will accept the severance and forswear any future rights to sue (which is moot anyway because we signed those away to arbitration years ago anyway and chances of you winning in a paid for arb court by an employer are slim to none)

https://www.doleta.gov/programs/factsht/warn.htm
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"You have no duty to inform your current employer that you have found another job during the 60 day WARN period."

-the above quote from the employment lawyer I consulted. LEGAL to move ahead with your new employment opportunities, folks, & collect your severance. Uncle Boehringer, FU.
 




anonymous said:
It's not wtf it's industry standard since Bi has over 500 (I forget the exact trip number) it has to follow federal WARN Act that Ronald Regan put into law. Look it up. This means you get 2 months of warning with pay that at day after the 2 months you are severed with the company. Technically, you still an employee of BI durning those 2 months of July and August. So if you take a job during that 2 months period it's just you leaving to another company while you are still an employee of BI and gave technically NOT been severed and owed a severance from BI. If you take the settlement and take a job during that period you could be double dipping but my guy tells me they will pull your social security earnings at a later point to see if this is the case and claw back their severance. Of course that probably depends on the sizeable amount you received. Say if it's a few thousand I'm sure they'd say fucknut but if you are a 25 yr plus veteran and this is a sizable amount then he'll yes they will check your social security earnings which all employees have the right to do even after you are severed. Talk to a good employment lawyer before you undertake that risk imho. GL.
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Spoke to an employment attorney today. It is LEGAL to hold 2 full time jobs concurrently, as long as you are not violating a signed confidentiality agreement with either company. And it is NOT REQUIRED to disclose new employment with your existing employer. If June 30th is your last day before the WARN begins, there is no conflict of interest for BI, because, guess what? BI laid you off. Just shut yer pie hole about the new job. Take your accrued BI vacation days, etc over the next month, & ease in to your next gig. Legally BI CANNOT compel you to disclose new employment status, nor can they stalk your earnings thru Social Security. 37 work days left, folks! Keep your head down & do the Double Dip
 








anonymous said:
Spoke to an employment attorney today. It is LEGAL to hold 2 full time jobs concurrently, as long as you are not violating a signed confidentiality agreement with either company. And it is NOT REQUIRED to disclose new employment with your existing employer. If June 30th is your last day before the WARN begins, there is no conflict of interest for BI, because, guess what? BI laid you off. Just shut yer pie hole about the new job. Take your accrued BI vacation days, etc over the next month, & ease in to your next gig. Legally BI CANNOT compel you to disclose new employment status, nor can they stalk your earnings thru Social Security. 37 work days left, folks! Keep your head down & do the Double Dip
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Your lawyer is incompetent to what is happening. You can double dip all you want but what he is negligent on us that the severance contract that you will sign will have a clause in it that EXPLICITLY states that you cannot take a severance if you are hired with another company and in order for you to accept the severance you EXPLICITLY grant BI the right to check your social security profile. Your lawyer gave you advice about BI doing something nefarious to check you out and not advice that says in order to accept a severance you will agree to the terms set forth in the severance contract. I do not work in the home office so I have no idea what they are putting in their until it is presented. I'm just telling you how the process works. Did you know they could put a clause in there that says in order to accept severance you must have sex with pigs and they will check to make sure you did and if you want that severance than you'll be talking up some pigs. Go back to your employment lawyer and ask what are standard clauses put into a severance contract that you must accept in order to get a payday. Let us know what you find out.
 




anonymous said:
Spoke to an employment attorney today. It is LEGAL to hold 2 full time jobs concurrently, as long as you are not violating a signed confidentiality agreement with either company. And it is NOT REQUIRED to disclose new employment with your existing employer. If June 30th is your last day before the WARN begins, there is no conflict of interest for BI, because, guess what? BI laid you off. Just shut yer pie hole about the new job. Take your accrued BI vacation days, etc over the next month, & ease in to your next gig. Legally BI CANNOT compel you to disclose new employment status, nor can they stalk your earnings thru Social Security. 37 work days left, folks! Keep your head down & do the Double Dip
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Wrong, they can check
 




you are sales ppl so negotiate your start date as Sept 1st and get your severance and take a long vacay between July 1 and Aug 31. Problem solved. If they feel your are best candidate they will wait if they won't wait that's not a good company for you to go to imho.
 
















anonymous said:
I'm planning on accepting an hourly part time evening gig (no conflict with 8-5 workday). How does this affect me? Thanks for heads up
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It won't. Check around, there is NO legal obligation to disclose new employment. BI had NO LEGAL AUTHORITY to check you social security earnings during your WARN. None. As long as you pay your taxes to the Feds, the Feds don't give a shit about you having 2, or 3 full time jobs. BI cannot "check" with social security. And there is NO conflict of interest if you are working in a totally different job - we're laid off. We don't have jobs with BI any more. BI is going to be happy to cut the ties with all of us, they're not going to look for drama during the severance process - too legally risky. There is very little case law in the books about non-compete clauses even being enforced.
 




anonymous said:
Your lawyer is incompetent to what is happening. You can double dip all you want but what he is negligent on us that the severance contract that you will sign will have a clause in it that EXPLICITLY states that you cannot take a severance if you are hired with another company and in order for you to accept the severance you EXPLICITLY grant BI the right to check your social security profile. Your lawyer gave you advice about BI doing something nefarious to check you out and not advice that says in order to accept a severance you will agree to the terms set forth in the severance contract. I do not work in the home office so I have no idea what they are putting in their until it is presented. I'm just telling you how the process works. Did you know they could put a clause in there that says in order to accept severance you must have sex with pigs and they will check to make sure you did and if you want that severance than you'll be talking up some pigs. Go back to your employment lawyer and ask what are standard clauses put into a severance contract that you must accept in order to get a payday. Let us know what you find out.
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BI cannot insist that you disclose new employment during the WARN. There is no case law that compels an employee to disclose this information. Thinking it's too complicated for BI to fly hundreds of private investigators around the country spying on us who might start working during the 60 day WARN.
 




BI cannot insist that you disclose new employment during the WARN. There is no case law that compels an employee to disclose this information. Thinking it's too complicated for BI to fly hundreds of private investigators around the country spying on us who might start working during the 60 day WARN.
 




anonymous said:
It won't. Check around, there is NO legal obligation to disclose new employment. BI had NO LEGAL AUTHORITY to check you social security earnings during your WARN. None. As long as you pay your taxes to the Feds, the Feds don't give a shit about you having 2, or 3 full time jobs. BI cannot "check" with social security. And there is NO conflict of interest if you are working in a totally different job - we're laid off. We don't have jobs with BI any more. BI is going to be happy to cut the ties with all of us, they're not going to look for drama during the severance process - too legally risky. There is very little case law in the books about non-compete clauses even being enforced.
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Well, I'm done, just read the severance contract and then decide. The terms will be spelled out pretty clearly what the process entails and choose to follow it or not. 1st priority should be getting a new job anyway. worrying about the what-ifs of employment contract you accept AFTER a WARN period is secondary.
 




anonymous said:
BI cannot insist that you disclose new employment during the WARN. There is no case law that compels an employee to disclose this information. Thinking it's too complicated for BI to fly hundreds of private investigators around the country spying on us who might start working during the 60 day WARN.
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OK, let me explain how this works in order of events.

1. You were NOT placed into a position. (If you were, stop here, the rest does not apply to you).
2. Warn act period (starts July 1st) - this is BI paying you 2 months salary to sit home (field based).
3. Hired to another company during Warn act - You are still entitled to a severance package (based on your tenure at BI) becuase the company has decided to sever you from working from them. Sounds like they will put a line in the Severance contract stating to update BI on your start date of the new job so BI does not have to pay you the full Warn act period.
4. Get your Severance amount check. If you weren't placed then regardless of double dipping you will be entitled to a Severance.

The confusion is on #3. If you made it to #2 you will get a severance. BI has been gracious enough to offer displacement packages, most companies outside of this industry do NOT offer a package in America. Now, do you have a moral obligation to notify BI so they don't have to pay you the full 2 months of salary during the Warn act - Hell no imho. However, depending on how they write the severance contract that you accept - it depends on the specific language they used there - you could have a "legal" obligation to tell them. This language could be vague enough that who cares, or it could be specific like "by accepting said monies you were not employed during the ward act period and if you did accept employment and do not update BI then the severance amount is null and void." It depends on what they wrote. It's a small risk to not tell them but it's still a riskif that's what they write in the contract. The problem you run up against is that you sign an arbitration contract and this means you would go to an arbitration meeting to settle this and not allowed to use the court system to do this. This means that you will wast any amount of that Warn act pay in paying for an employment lawyer to advocate your position on your own dime and not be able to sue them for legal fees you paid your attorney. That doesn't seem fiscally sound to me. You are talking about 2 months base pay with no IC attached to it. Is it worth it - depends on the type of person you are. Most reps are people who enjoy taking risks so maybe it is to you.

This nonsense about non-complete clauses and double-dipping is immaterial to the discussion at hand. Like most things in life, just do whatever you feel comfortable with and go from there. I was laid off from another Pharma and this is they way it worked then. BI is no different, however, knowing BI I am sure they will be incompetent in writing their contracts.
 




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