IBM Age Discrimination Lawyer (ADEA)

IBM Wrongful Termination Attorney

Representing Clients Nationwide

A collective action lawsuit against IBM for wrongful termination

On October 7, 2003, 135 former IBM employees filed a collective action lawsuit against IBM for violations of the Age Discrimination in Employment Act (ADEA). On August 31, 2006, those employees, represented by McTeague Higbee Case, won a major victory when the 9th Circuit Court of Appeals (Syverson et al. v. IBM) held that the waiver which most employees signed to receive severance pay was INEFFECTIVE and does not prevent employees from suing IBM for age discrimination.  Moreover, under federal law, employees who signed the waiver can sue IBM and do NOT have to return the severance package/pay they received. 

What Is The Basis For The Lawsuit?

In recent years, IBM has laid off thousands of employees in their 40s, 50s and 60s. At the same time, IBM hired many young college graduates and retained a disproportionate number of young workers.  The lawsuit alleges that IBM's layoff/termination practices were discriminatory on the basis of age, and therefore violate the ADEA (Age Discrimination in Employment Act).  Statistical analysis has shown that older IBM workers have been terminated in numbers disproportionate to the rate at which younger workers were let go.  We brought the lawsuit to seek justice for employees harmed by IBM's discriminatory practices. 

Who Is Eligible To Join The Class?

• Former IBM employees notified of layoff or termination on or after July 7, 2001 through May 4, 2005; and
• Age 40 or over at the time notified of layoff or being laid off; and
• Terminated as part of a Resource Action or Individual Separation.

What Do I Have To Do To Join?

Under the ADEA, individuals who want to join the age discrimination lawsuit must affirmatively opt-in.  This age discrimination claim differs from the ERISA pension class action lawsuit against IBM (Cooper), where all potential beneficiaries were automatically covered by the class action suit without any action on their part.  The ADEA does not allow for class action lawsuits - only collective action lawsuits. A collective action requires each individual to opt-in in order for that individual to gain the opportunity to recover damages.  Individuals who do not opt-in cannot benefit by the suit.

What Damages Can I Hope To Recover?

Under the ADEA, prevailing plaintiffs in this IBM wrongful termination lawsuit may be entitled to reinstatement; front pay if reinstatement is unavailable or impracticable; back pay (including lost fringe benefits) less interim earnings and benefits; liquidated damages equal to net back pay if IBM's violation was willful; pre-judgment and post-judgment interest; and statutory attorneys' fees.

Can I Be Liable To IBM For Attorneys’ Fees Or Severance Pay If The Suit Is Unsuccessful?

No.  IBM’s Waiver expressly states that in the event this IBM age discrimination suit is brought only for violation of ADEA, employees cannot be required to pay IBM’s attorneys’ fees. 

Share Your Experience Today
Contact an employment lawyer at Mc Teague, Higbee, Case, Cohen, Whitney & Toker, P.A. to discuss your experience by completing our inquiry form or by calling 800-482-0958.  Our attorneys are committed to helping former employees of IBM fight this age discrimination.

Mc Teague, Higbee, Case, Cohen, Whitney & Toker, P.A.

IBM Age Discrimination Lawyers - IBM Wrongful Termination Lawyers

Representing Former Employees of IBM in a Nationwide Age Discrimination Lawsuit

4 Union Park
Topsham, Maine 04086
Phone: (207) 725-5581
800-482-0958
Fax: (207) 725-1090

 The lawyers of McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A. represent ex-IBMers against IBM for age discrimination and IBM wrongful termination nationwide in a collective action lawsuit.  Our firm currently represents clients from across the United States, including Alabama, Arizona (Tucson, Phoenix), California (San Francisco, San Jose, Silicon Valley, Los Angeles, San Diego), Colorado ( Boulder, Denver), Connecticut, Florida (Jacksonville, Miami), Georgia (Atlanta), Illinois (Chicago), Indiana, Louisiana (New Orleans), Maine, Maryland (Baltimore), Massachusetts (Boston), Michigan (Detroit) Minnesota (Minneapolis/St. Paul Metro Area, Rochester), Missouri (St. Louis, Kansas City), Nevada (Las Vegas), New Hampshire, New Jersey, New York (New York City, Binghamton, Poughkeepsie, Kingston, Cold Spring, Fishkill, Somers, Newburgh, New Paltz, Westchester County, Putnam County, Duchess County, Ulster County), North Carolina (Raleigh, Charlotte, Research Triangle Park), Ohio (Columbus, Cleveland), Oregon (Portland, Beaverton), Pennsylvania (Philadelphia), South Carolina, Tennessee (Memphis,  Nashville), Texas (Austin, Dallas, Houston), Vermont (Greater Burlington), Washington, Washington D.C., Wisconsin and their surrounding areas.

Trademark Notice

This website is sponsored by the law firm of McTeague, Higbee Case, Cohen, Whitney & Toker, P.A. [Plaintiffs' Counsel].  Plaintiffs' Counsel is in no way affiliated with International Business Machines Corporation, the owner of the registered mark of IBM.