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Old 04-12-2016, 04:35 AM
 
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I think im about to get fired due to performance. Is it appropriate to negotiate with my employer during the exit meeting that on record I'm layoff due to restructuring (which is somewhat true), instead of performance reason? If so, anything good negotiating tips?


Now frankly I do think that this is really not a performance issue, more like I'm given an impossible project.(but that is a debate that out of the scope of this thread).
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Old 04-12-2016, 05:00 AM
 
Location: The DMV
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A lot of this depends on how the situation is at your current employer. If you've been provided sufficient feedback to your situation, and you have not done anything to improved it, it may be fruitless. But I guess at this point, I don't see a down side to asking. The worst that can happen is they'll say "no".

And frankly - whether or not YOU think it's a performance issue doesn't matter as much as what your employer thinks. As that's what their actions are going to be based off of. You can certainly make your case - but I'd think the time for that may have already passed.
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Old 04-12-2016, 07:34 AM
 
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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I can't imagine that any employer would agree to that. Besides falsification, they would be making themselves liable for unemployment charge back which is avoidable in the case of a performance based firing. I suppose you could try, though.
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Old 04-12-2016, 07:38 AM
 
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You can negotiate anything you want with your employer at any time.

That said, I didn't realize people got exit interviews after being fired.

Usually you are escorted out of the premises by security after your desk is cleared out, with no exit interviews. Being fired is not same as quitting with 2 weeks notice.
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Old 04-12-2016, 07:40 AM
 
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Quote:
Originally Posted by Hemlock140 View Post
I can't imagine that any employer would agree to that. Besides falsification, they would be making themselves liable for unemployment charge back which is avoidable in the case of a performance based firing. I suppose you could try, though.
It's not just unemployment charge back. A lot of companies, particularly bigger ones, don't really care about that.

But reputation is everything.

Suppose person X got fired from company Y due to performance. Suppose person X then applies to company Z and company Z calls company Y to ask whether person X was eligible for rehire?

If company Y says yes or give person X a few good words but then 6 months down the line company Z finds out person X couldn't really perform. Now, company Y's reputation is on the line.
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Old 04-12-2016, 07:48 AM
 
17 posts, read 15,662 times
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Quote:
Originally Posted by Hemlock140 View Post
I can't imagine that any employer would agree to that. Besides falsification, they would be making themselves liable for unemployment charge back which is avoidable in the case of a performance based firing. I suppose you could try, though.
I didn't know they need to pay a unemployment charge, this is only for certain country or state?

well I think there is a lot grey area here too. Basically I think they didn't gave enough training to prepare me for this project. They dont have enough resource for me to do my job right. Also their Job description and Expectation is very "General".

I also think is common that companies now-a-day give impossible for projects to employee, basically set them up for failure due to lack of planning from the management level. How do people usually handle their exit package so they can find employment again?
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Old 04-12-2016, 07:49 AM
 
Location: broke leftist craphole Illizuela
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Most companies won't say BW was fired for performance. They will simply confirm BW was employed here as "title" from start date to end date or they will direct the inquirer-or to the work number or whatever outsourced employment verification they use.

Last edited by MSchemist80; 04-12-2016 at 07:59 AM..
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Old 04-12-2016, 07:52 AM
 
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Originally Posted by MetroWord View Post
If company Y says yes or give person X a few good words but then 6 months down the line company Z finds out person X couldn't really perform. Now, company Y's reputation is on the line.
is it that extreme? I mean every company have their own culture&expectation. Someone can do very well in Company X, but still perform very bad in Company Y with the same performance,vice-versa.
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Old 04-12-2016, 08:18 AM
 
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Originally Posted by buzzworld View Post
is it that extreme? I mean every company have their own culture&expectation. Someone can do very well in Company X, but still perform very bad in Company Y with the same performance,vice-versa.
If it's the same industry, then the tasks and expectations may vary a little but stay relatively within the same range.

Added by edit.

Actually, just occurred to me about 1 guy sort of in your same situation... sort of.

He was in my old company. We weren't in the same office, but I heard he got fired for performance problems. When they let him go, though, they did with "lack of jobs" reason. Fast forward to this company. I'm a middle manager and late last year they sent him my way. Same guy. We shook hands and I told him oh yeah I was back at so-and-so, too. Good to see you also came over here.

Well, same performance problems came up. I had no choice but to give him a not-so-good review. After he was let go, my boss swung by and told me I wasn't the only one that had a problem with him. Apparently, this company gave him 3 chances. I was the number 3 who tried to help him. My boss also told me what was surprising was his references turned out ok, including from my old company.

This incident kinda left a bad taste in my boss's mouth regarding my old company's management. He couldn't even trust them to give him an accurate reference.

Why is that important? My old company recently ran into some financial problems. They applied to my company to become a subsidiary. They got a resounding "NO" from my boss.

Last edited by MetroWord; 04-12-2016 at 08:27 AM..
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Old 04-12-2016, 08:38 AM
 
17 posts, read 15,662 times
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Quote:
Originally Posted by MetroWord View Post
If it's the same industry, then the tasks and expectations may vary a little but stay relatively within the same range.

Added by edit.

Actually, just occurred to me about 1 guy sort of in your same situation... sort of.

He was in my old company. We weren't in the same office, but I heard he got fired for performance problems. When they let him go, though, they did with "lack of jobs" reason. Fast forward to this company. I'm a middle manager and late last year they sent him my way. Same guy. We shook hands and I told him oh yeah I was back at so-and-so, too. Good to see you also came over here.

Well, same performance problems came up. I had no choice but to give him a not-so-good review. After he was let go, my boss swung by and told me I wasn't the only one that had a problem with him. Apparently, this company gave him 3 chances. I was the number 3 who tried to help him. My boss also told me what was surprising was his references turned out ok, including from my old company.

This incident kinda left a bad taste in my boss's mouth regarding my old company's management. He couldn't even trust them to give him an accurate reference.

Why is that important? My old company recently ran into some financial problems. They applied to my company to become a subsidiary. They got a resounding "NO" from my boss.

Well I'm also I good example from the other side of the coin. I did very well with all my old companies with good reviews and achievements (and awards too). Is only the recent company that put me in such position where I can't reach my potential(set me up for failure). From my 10 years of experience with 5 different companies, they all function differently. Some are process driven, while other expect you to run the show on your own. At one company, I will probably get the boot if you try to do things without approval, while the other company will see me as self-driven.

I think references are over-rated here, unless you did something really bad that apply to where you go (stealing or sexual harassment)no?
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