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...if this was performance based then I wouldn't be eligible for severance OR unemployment, so why did he mention I was getting this?...
Many companies will offer a severance-type of payment to employees who are fired or laid off. In order to receive the check, the employee may be required to sign paperwork that includes a promise not to take legal action against the company. I guess they figure the employee will be so overwhemed by the check amount that he/she will sign whatever they put in front of him/her, maybe without even reading it.
In cases where the employee might have strong grounds for litigation, I might suggest refusing to sign the paperwork. However, in a case like yours, I'd recommend signing it.
Many companies will offer a severance-type of payment to employees who are fired or laid off. In order to receive the check, the employee may be required to sign paperwork that includes a promise not to take legal action against the company. I guess they figure the employee will be so overwhemed by the check amount that he/she will sign whatever they put in front of him/her, maybe without even reading it.
In cases where the employee might have strong grounds for litigation, I might suggest refusing to sign the paperwork. However, in a case like yours, I'd recommend signing it.
I agree it isn't extremely strong. It could have came down as to HOW I was doing things vs what I was doing. Some of his behavior towards me was echoed by colleagues and I attempted to navigate through things in a manner to appease him. Also taking the initiative on things.
I've always been a strong performer and thus is the first time I've experienced something like this in 6 years.
Hello beaste,
Very unfortunate and I wish you luck in your future career.
Being termed for performance issues generally does not disqualify from UI if the employee was attempting to meet the companies needs. It sounds like you were. Apply for UI ASAP.
Severance pay is not a legal requirement in any state, they can choose whether to give it or not.
HR is not required to be present at time of termination.
As your post reads there is nothing to legally pursue. The supervisor may be a jerk but there is nothing illegal about that.
I know the OP is shell shocked, hurt, and probably still a bit dazed at all of this, and perhaps seeking feelers as to whether there is grounds for some sort of lawsuit or 'payback.'
Unfortunately, there isn't. Nothing illegal was done, and best thing as advised is to move on and start that job hunt in earnest. Employers in general are not prohibited legally from detailing why someone was fired, and not all employers quiver in fear of some phantom threat of a lawsuit.
It is hindsight, but the moment the OP was given the threat of a PIP, that is the moment they should have done everything they could have to find another job, or quit on their own terms instead of being fired. Anyone that spends time on this subsection of the forum would know that in most cases a PIP is the kiss of death.
I know the OP is shell shocked, hurt, and probably still a bit dazed at all of this, and perhaps seeking feelers as to whether there is grounds for some sort of lawsuit or 'payback.'
Unfortunately, there isn't. Nothing illegal was done, and best thing as advised is to move on and start that job hunt in earnest. Employers in general are not prohibited legally from detailing why someone was fired, and not all employers quiver in fear of some phantom threat of a lawsuit.
It is hindsight, but the moment the OP was given the threat of a PIP, that is the moment they should have done everything they could have to find another job, or quit on their own terms instead of being fired. Anyone that spends time on this subsection of the forum would know that in most cases a PIP is the kiss of death.
I interviewed places but I didn't put my full effort in. Now I have time
Long story short:
-I was hired as a SRE at a software company late January.
-My interactions with my boss were very abrasive. Limited emails and interactions.
-I was learning everything there. There was stress there given the environment and learning the skillset but I worked with a positive attitude and contributed.
-Three months in, he says my performance isn't up to par and gives me 15 action items to work on or else the next step would be a PIP (Performance Improvement Plan).
The previous month I did not receive any feedback or anything to indicate that I was under performing. Much of these action items were not related to technical ability, but rather procedures, processes i.e. things like "be more engaged in group conversations", "ask more questions", etc. -I work on these and accomplish most of these, including working on call. -After that, minimum contact from my manager. -I started taking more ownership of tasks, including projects asked of my boss. Also helping teammates on tasks.
So my boss asks me to come in a room he is nearby. There he was with a Project Manager that has been there for a month and a half. He states that my performance is not where it needs to be and they are terminating me today. He mentioned that they have to focus on the mission and I will be receiving my final paycheck as well as paperwork regarding the terms and I would be getting severance.
I thought that I was doing what was needed, but frankly given our interactions I seriously think he did not like me personally. Some of the things I experienced other teammates experienced and it verified attitudes such as his general abrasiveness, so at this point I did not feel like it was just me.
So I'm thinking...if this was performance based then I wouldn't be eligible for severance OR unemployment, so why did he mention I was getting this? Something is off about this and it leads me to believe that it is because of personal issues he has with me. This is an at-will state so he doesn't need a cause but it seems they need to cover their asses still.
Also there was NO HR representative present when this occurred. The only party there was a project manager that was roughly six weeks into the job. The person that was there in hindsight should have not been in there to discuss this matter.
Another thing is that he told me the next step would be a PIP if my performance wasn't up to par. There was no feedback on that on the list he just told me to keep working on that and we would follow up.
I luckily have some of the limited emails an interactions between us, but I don't have anything I can present in terms of work unfortunately. This was all of a sudden. I'm still in shock. Not that it happened, but the fact that it just occurred. So next moves are interviews and studying for them. I luckily got a HR representative's number and email to go off of.
I'd love any advice on this and what to do moving forward, especially dealing with HR.
Getting unemployment shouldn't be an issue since it was not misconduct and for performance. Once the UC representative calls you and the employer confirming you were let go for performance, you should be deemed eligible without any issues.
-Three months in, he says my performance isn't up to par and gives me 15 action items to work on or else the next step would be a PIP (Performance Improvement Plan).
15 action items? Your fate was sealed right there and then. Your boss had minimum contact with you after that because he had already made his decision. There is likely nothing you could have done to reverse the course. In the future, understand that something like the above is your signal to start looking for something else.
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