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I work for IBM and they will outsource my job to India. My…

I work for IBM...

I work for IBM and they will outsource my job to India. My severance is only 1 month as per IBM policy. I was tfd from WPP/Y&R group to IBM and as a Y&R employee had received a stock option package that included a clause to provide 6 month pay, if terminated without a cause...

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I am asking for this and not getting a response from the company... Would like to know how to proceed..

Lawyer's Assistant: Has anything been filed or reported?

No...just email sent from me to them...

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Answered in 1 minute by:
3/7/2018
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,491
Experience: Years of experience in running a medium sized law firm.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this.

" I was told from WPP/Y&R group to IBM and as a Y&R employee had received a stock option package that included a clause to provide 6 month pay, if terminated without a cause..."

Was this in your contract or an employee handbook? Or, only told to you verbally?

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Customer reply replied 1 month ago
I have a document from when I received the stock options (few of them)...
Customer reply replied 1 month ago
I can share this document if you like...

No that is okay. So the document promises you the stock options, but, IBM did not fulfill its promise. Correct?

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Customer reply replied 1 month ago
no...there is a line item that promises me a 6 month pay upon termination (if no cause). IBM is outsourcing my job to India, so there is no cause....my job is eliminated but they will give me a month's salary.
I want to collect on the 6-month pay as per original document from Y&R.
Customer reply replied 1 month ago
IBM changed policy for severance to only one month, the day we tfd to IBM. This is for general layoffs just like mine...
what I am asking for is the document that was given to me and promised for 6-month pay because of the stock-option deal.
Customer reply replied 1 month ago
IBM is not acknowledging the document from Y&R, even though they had promised that we will continue to get the same benefits we were from Y&R after we tfr to IBM.

Okay. Well you cannot sue them for terminating your job, I am sorry to say. However, if there is a promise to pay these benefits/salary, and the company does not, then one can sue (or threaten to do so) to get them.

What do I mean by a promise? It has to be in your contract, an employer handbook, or a memo given to you by the company.

So if this is the case, it becomes a civil matter. One can get an attorney to send them a letter demanding payment, and if they do not pay, sue them for breach of contract. It is that simple.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 1 month ago
Can I write this letter or you will?

You can. Or you can use an attorney local to you. It is your choice. Using a local attorney is recommended.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

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Customer reply replied 1 month ago
what type of lawyer do I look for?

An attorney who does EMPLOYMENT law or GENERAL PRACTICE should suffice.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,491
Experience: Years of experience in running a medium sized law firm.
Verified
Ely and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
thank you Ely! till next time!

No problem and good luck.

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Ely
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,491
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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