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I got to thinking, I know that, if I were in the situation that the Disney workers were and was asked to train my cheap labor foreign replacement in order to get severance, I'd say "Hell no!" and walk out. Would you?
What's the severance package?
If it is like most places, it will be 1-3 months salary and include a non-disparagement clause.
For peanuts you're signing an agreement to give up your free speech rights and are agreeing to allow your previous employer, the one that is screwing you, the right to SUE YOU for complaining about it. And it also probably has a binding arbitration clause so you have no chance of winning.
No way will I sign a non-disparagement clause.
Sign a time-limited non-disclosure clause? Sure, that's reasonable, but you sign those when you begin the job, not when you leave.
I would continue to do my best in the job I have while looking for another job.
I would not quit, and I would not train my replacement other than the basic info that I would do for anyone having that job. They would have to fire me. If they fired me and my lawyer says I have a suit, then I'd let him run with it.
Full disclosure: I'm retired now, but when employed my wife and I both have always had good jobs, savings, and only mortgage debt.
I well understand that a young person just starting out (possibly with kids) would have no choice at all but to take the money and hope for the best. Taking advantage of young people, screwing them, tossing them aside and like that makes me boiling mad.
I disagree. The reason for the discharge is not refusing to train the replacements, but the company's decision to outsource the work. I started representing employees in unemployment cases in probably 1978 and I would do that case any day. And win.
Hey, that's a better idea. Refuse to train, turn down the severance, and sue the ba******!
If that was not an option, I would train but leave out important information, such that they would not really be able to do the job right.
I got to thinking, I know that, if I were in the situation that the Disney workers were and was asked to train my cheap labor foreign replacement in order to get severance, I'd say "Hell no!" and walk out. Would you?
As in CA you can collect severance and unemployment at the same time, I absolutely would do it. Not saying I would enjoy it...but if I am losing my job either way, I am going to do what I need to in order to make sure I am in the best possible financial shape when my job ends.
I would have trained them while looking for a new job. Once I found a good enough one I would leave an forfeit the severance. No use forfeiting your severance unless you know you have. Obey coming in.
There was plenty of time to get a new job, if the Disney employee became unemployed afterwards that's their own fault, they should have great resumes.
The situation sucks, don't get me wrong, and I would be livid, but business is business.
It's their fault if they can't find a job? Get real!
Some of them were at the point where they were considered to be "too old". When that happens, it's hard to get hired. Plus, so many Indians who came here on H1-Bs, later to get green cards and be in a position to hire, blatantly discriminate against non-Indians.
If a person who is replaced by an H1-B is living in an area that doesn't have a lot of tech jobs, then it becomes more difficult to find a similar job. Even in a large tech job market, it isn't easy to find work. A decade ago, my husband was unemployed for several months despite being in a large market and having lots of experience.
does mongoose dislike foreign workers? Would he feel the same way about just training his replacement period? Why bring up the foreign part of it?
He brought up the "foreign part" because that's what is happening here. How often do you hear about a company laying off Americans and replacing them with other Americans and forcing them to train their replacements?
I got to thinking, I know that, if I were in the situation that the Disney workers were and was asked to train my cheap labor foreign replacement in order to get severance, I'd say "Hell no!" and walk out. Would you?
I would hold a secret meeting with all the other employees, and make sure everyone trained all the new hires to do their jobs wrong.
Then, when you are all gone and everything turns to crap, they'll be calling all of you begging you to come back.
Should happen before your severance package expires, so be ready.
What's the severance package?
If it is like most places, it will be 1-3 months salary and include a non-disparagement clause.
For peanuts you're signing an agreement to give up your free speech rights and are agreeing to allow your previous employer, the one that is screwing you, the right to SUE YOU for complaining about it. And it also probably has a binding arbitration clause so you have no chance of winning.
AFAIK, this is the only individual who publicly spoke out against what Disney did. And he's willing to since he's saying he won't go back to IT, and doing something with the family business, so no repercussions from that front at least
I would have trained them while looking for a new job. Once I found a good enough one I would leave an forfeit the severance. No use forfeiting your severance unless you know you have. Obey coming in.
There was plenty of time to get a new job, if the Disney employee became unemployed afterwards that's their own fault, they should have great resumes.
The situation sucks, don't get me wrong, and I would be livid, but business is business.
For the part of this thread, this would be the end of that.
I wouldn't say "business is business", as replacing American workers who were clearly more qualified for the job sets some very bad precedence for the future, of which the least of it is employers abusing the H1 program.
Yet, when an employee coasts on unemployment, he gets labeled a monster, even though such folks are playing by the rules set forth by their state's unemployment insurance agreements.
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