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Old 03-09-2010, 06:21 PM
 
225 posts, read 1,114,983 times
Reputation: 381

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Hi all. I have 25 years in at a fortune 100 company with what was 88,000 employees in the US, now 18,000. We have been bought out or aquired five times in the 25 years I have been there. I can't remember a time since the beginning that there hasn't been talk of layoffs, buyouts and the such, but you just kind of get used to it after a while. I have survived all these deals so far, and 15 years ago even opted out of a management position back to a craft (service tech) position to keep my job. We were just bought out again last summer and have been going though the most massive layoffs I have ever seen.
Everyone is worried, but the "package" is good and there is no sense in worrying, so I have just decided to "wait it out and see what happens" as I have been though this before. Sadly, the economy is killing us though, and I have expected to get layed off any day.
The problem is that we recently got new management from my manager up through VP and prior to this I have never had any disciplinary action for anything. Now, it seems like I am in someones office daily for some sort of pep talk, complaint about my performance or something. Today it was the famous "you're doing a great job and you're our best guy...we'd sure hate to see anything happen to you" after all these years, speech. Then, they tell me I have a "lot of potential" before sending me off to work. I am the highest level tech they have with the most training and degrees, so I am baffled at what they mean as I am maxed out in my job and salary. Potential to do what? I haven't done anything different than I ever have with the exception that I have discussed with co-workers the fact that I feel it's only a matter of time till we get layed off. We all agree. I know mgmt hates to hear this, but it's the truth. I have been told to keep my opinions to myself, and to not discuss work, working conditions, layoff, morale or anything other than "official business" and that I am to have "no opinion" on anything.
I am not doing anything that the other folks in my dept aren't doing and I have an excellent employment record, but it seems like I have been targeted or singled out, because nobody else gets talked to and they ***** continuously. I see the writing on the wall here and they have made it so miserable for me with the continual office visits, and all the crap jobs they can find, I am ready to just quit. BUT... several of us are convinced that's what they want so as to not have to pay a lucrative severance package.
I am not sure what to do, I hate to quit but hate to stay too. I have been documenting everything for months in case of dismissal, just in case, but I am not sure I could win a wrongful dismissal case anyway. Any ideas here on what I could do to maybe cover myself in case they terminate me? I understand unemployment is only granted if I lose employment by no fault of my own. I don't know how I could prove they screwed me though if it comes to that. Co-workers are scared to death and would not back me up at a hearing. Ideas, comments, suggestions? Yes, I am looking for another job already, but you all know how that goes. Any suggestions appreciated.
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Old 03-09-2010, 06:48 PM
 
1,468 posts, read 2,120,071 times
Reputation: 645
Quote:
Originally Posted by scapegoatpa View Post
Hi all. I have 25 years in at a fortune 100 company with what was 88,000 employees in the US, now 18,000. We have been bought out or aquired five times in the 25 years I have been there. I can't remember a time since the beginning that there hasn't been talk of layoffs, buyouts and the such, but you just kind of get used to it after a while. I have survived all these deals so far, and 15 years ago even opted out of a management position back to a craft (service tech) position to keep my job. We were just bought out again last summer and have been going though the most massive layoffs I have ever seen.
Everyone is worried, but the "package" is good and there is no sense in worrying, so I have just decided to "wait it out and see what happens" as I have been though this before. Sadly, the economy is killing us though, and I have expected to get layed off any day.
The problem is that we recently got new management from my manager up through VP and prior to this I have never had any disciplinary action for anything. Now, it seems like I am in someones office daily for some sort of pep talk, complaint about my performance or something. Today it was the famous "you're doing a great job and you're our best guy...we'd sure hate to see anything happen to you" after all these years, speech. Then, they tell me I have a "lot of potential" before sending me off to work. I am the highest level tech they have with the most training and degrees, so I am baffled at what they mean as I am maxed out in my job and salary. Potential to do what? I haven't done anything different than I ever have with the exception that I have discussed with co-workers the fact that I feel it's only a matter of time till we get layed off. We all agree. I know mgmt hates to hear this, but it's the truth. I have been told to keep my opinions to myself, and to not discuss work, working conditions, layoff, morale or anything other than "official business" and that I am to have "no opinion" on anything.
I am not doing anything that the other folks in my dept aren't doing and I have an excellent employment record, but it seems like I have been targeted or singled out, because nobody else gets talked to and they ***** continuously. I see the writing on the wall here and they have made it so miserable for me with the continual office visits, and all the crap jobs they can find, I am ready to just quit. BUT... several of us are convinced that's what they want so as to not have to pay a lucrative severance package.
I am not sure what to do, I hate to quit but hate to stay too. I have been documenting everything for months in case of dismissal, just in case, but I am not sure I could win a wrongful dismissal case anyway. Any ideas here on what I could do to maybe cover myself in case they terminate me? I understand unemployment is only granted if I lose employment by no fault of my own. I don't know how I could prove they screwed me though if it comes to that. Co-workers are scared to death and would not back me up at a hearing. Ideas, comments, suggestions? Yes, I am looking for another job already, but you all know how that goes. Any suggestions appreciated.
You are hanging on for a lucrative package but instead of keeping schtum you are speaking up about layoffs, and now, suddenly, management are finding "issues with your work"?





Are you represented by a union? If so, contact your Business Agent or Shop Steward immediately.

If not, I am afraid you, like tens of millions of others, are at the mercy of that great American institution called "employment at will" which allows the company to fire you for any reason whatsoever so long as it is not violating something like Title 7, the ADA, or the ADEA (and any of these violations are extremely difficult to prove--and big companies like yours have crafty lawyers either in-house or on retainer to ensure this) or an employment contract (including a collective bargaining agreement)--should one exist. As such, these cases are, in my experience, pointless to pursue in court unless (1) you have a smoking gun for one of these statutory violations (like a copy of an email from your boss to HR that says, "I want to get rid of Fred -- he's too old and too Black") or (2) you are represented by a union.

My advice: if you think it's not too late, keep schtum, keep your head down, and wait for your package--or keep looking for another job.
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Old 03-09-2010, 07:04 PM
 
4,796 posts, read 22,906,689 times
Reputation: 5047
You probably couldn't win a 'wrongful termination' lawsuit but you could win unemployment benefits, at least on appeal. As stupid and clueless as unemployment office workers sometimes seem to be, they are smart enough to see this situation for what it is. If not the unemployment office, at least the judge presiding over an appeal.

But don't just be in defense mode. Go out and get a new job before they can either fire you or lay you off.
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Old 03-10-2010, 01:08 AM
 
25,157 posts, read 53,947,295 times
Reputation: 7058
Have you researched workplace mobbing and constructive discharge?? It is all the new rave. Everyone is doing it.


Quote:
Originally Posted by scapegoatpa View Post
Hi all. I have 25 years in at a fortune 100 company with what was 88,000 employees in the US, now 18,000. We have been bought out or aquired five times in the 25 years I have been there. I can't remember a time since the beginning that there hasn't been talk of layoffs, buyouts and the such, but you just kind of get used to it after a while. I have survived all these deals so far, and 15 years ago even opted out of a management position back to a craft (service tech) position to keep my job. We were just bought out again last summer and have been going though the most massive layoffs I have ever seen.
Everyone is worried, but the "package" is good and there is no sense in worrying, so I have just decided to "wait it out and see what happens" as I have been though this before. Sadly, the economy is killing us though, and I have expected to get layed off any day.
The problem is that we recently got new management from my manager up through VP and prior to this I have never had any disciplinary action for anything. Now, it seems like I am in someones office daily for some sort of pep talk, complaint about my performance or something. Today it was the famous "you're doing a great job and you're our best guy...we'd sure hate to see anything happen to you" after all these years, speech. Then, they tell me I have a "lot of potential" before sending me off to work. I am the highest level tech they have with the most training and degrees, so I am baffled at what they mean as I am maxed out in my job and salary. Potential to do what? I haven't done anything different than I ever have with the exception that I have discussed with co-workers the fact that I feel it's only a matter of time till we get layed off. We all agree. I know mgmt hates to hear this, but it's the truth. I have been told to keep my opinions to myself, and to not discuss work, working conditions, layoff, morale or anything other than "official business" and that I am to have "no opinion" on anything.
I am not doing anything that the other folks in my dept aren't doing and I have an excellent employment record, but it seems like I have been targeted or singled out, because nobody else gets talked to and they ***** continuously. I see the writing on the wall here and they have made it so miserable for me with the continual office visits, and all the crap jobs they can find, I am ready to just quit. BUT... several of us are convinced that's what they want so as to not have to pay a lucrative severance package.
I am not sure what to do, I hate to quit but hate to stay too. I have been documenting everything for months in case of dismissal, just in case, but I am not sure I could win a wrongful dismissal case anyway. Any ideas here on what I could do to maybe cover myself in case they terminate me? I understand unemployment is only granted if I lose employment by no fault of my own. I don't know how I could prove they screwed me though if it comes to that. Co-workers are scared to death and would not back me up at a hearing. Ideas, comments, suggestions? Yes, I am looking for another job already, but you all know how that goes. Any suggestions appreciated.
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Old 03-10-2010, 08:15 AM
 
47,525 posts, read 69,698,996 times
Reputation: 22474
It's time for you to move on. Get out while you can. Be proactive.
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Old 03-16-2010, 11:06 PM
 
80 posts, read 206,474 times
Reputation: 78
Quote:
Originally Posted by malamute View Post
It's time for you to move on. Get out while you can. Be proactive.
I disagree. He's devoted 25 years of his life to this company. He deserves a generous severance package.

I say hang in there, but maybe try to when it comes to voicing your opinion about the buyout and layoffs and all that. You're smart to document everything; keep doing that. And keep moving towards lining up another job when the time comes for that. But, don't let them off easy when it comes to getting what you deserve--a generous severance package. IMO, they are trying to get you to quit so they'll save themselves some $$$. If it were me, I would dig in my heels and I wouldn't budge until they gave me that package. You've worked too hard over 25 years to walk away with nothing, especially when we see CEOs walking away with multi-million-dollar packages after having only been with a company for a few years.

Hang in there. And keep documenting everything. Good luck to you.
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Old 03-16-2010, 11:25 PM
 
47,525 posts, read 69,698,996 times
Reputation: 22474
Quote:
Originally Posted by Emily314 View Post
I disagree. He's devoted 25 years of his life to this company. He deserves a generous severance package.

I say hang in there, but maybe try to when it comes to voicing your opinion about the buyout and layoffs and all that. You're smart to document everything; keep doing that. And keep moving towards lining up another job when the time comes for that. But, don't let them off easy when it comes to getting what you deserve--a generous severance package. IMO, they are trying to get you to quit so they'll save themselves some $$$. If it were me, I would dig in my heels and I wouldn't budge until they gave me that package. You've worked too hard over 25 years to walk away with nothing, especially when we see CEOs walking away with multi-million-dollar packages after having only been with a company for a few years.

Hang in there. And keep documenting everything. Good luck to you.
But if they're documenting everything, they're apt to get him on something.

To me when a company is bought and sold quite a few times, it's a bad sign and it's best to get out while the getting is good. If they aren't giving severance packages or they want to reduce how many they give, they can usually find ways.

I think it would be too demoralizing to hang around when you no longer trust the company. I've seen management decide someone has to go - and that person has to be constantly on his toes -- and the minute he's not it's over.

I think for one's own morale it's best to just bale and get somewhere better.
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Old 03-16-2010, 11:31 PM
 
Location: southern california
61,288 posts, read 87,420,711 times
Reputation: 55562
read your OP
i hear you buddy.

you basic sentiment is a good one ride it out. yes just b4 retiring they will try to squeeze you out.
hand you back your portion of retirement pay in and kick you out. now is the time to learn to play games.
hang in there shoot for early retirement. quiet bluntly they will try to fire you, kill you with stress or get you to quit just b4 you retire. the 18 month sweat.
been there done that. your best friends are a clean nose, a good record, a union shop stewart, and a lawyer.
do not do not blow up that is their highest hope.
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Old 03-16-2010, 11:40 PM
 
Location: Wisconsin
25,580 posts, read 56,482,264 times
Reputation: 23386
Keep your mouth shut, keep doing your job, and keep documenting. You deserve a severance package and, when the end comes, I can assure you, you will feel a whole lot better with it than without it.

Yes, your comments for some reason have caught the attention of whoever is in charge. It doesn't sound as though the termination will be due to anything you have done. In my experience, when the ax falls, they will simply say they have 'eliminated your position' which pretty much puts the kibosh on any wrongful termination or discrimination suit on your part.

The handwriting is on the wall. In your own best interests, you need to wait it out. Same thing happened to me - after 26 years of outstanding reviews virtually overnight I was 'perceived to be difficult to work with' (along with many others by the way), but I hung on knowing the end was near. I was determined not to walk out that door with nothing - not after 26 years. It wasn't too long thereafter my 'position was eliminated' along with a lot of others. I can tell you I walked out that door with a smile on my face, severance package and unemployment compensation in hand.

It's going to take some nerves of steel on your part for while until this plays out - so focus on going the distance. In other words, don't be the first to blink. Meanwhile start putting out feelers for other employment.

Also, if you think your severance package might be at risk in the event of a termination, there might be value in consulting with an employment attorney now - just in case. Not sure there is much that can be done immediately - but down the road he might be useful in getting that for you should they not offer one. In these times, everyone needs a severance package.

Last edited by Ariadne22; 03-16-2010 at 11:58 PM..
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Old 03-17-2010, 12:27 AM
 
25,157 posts, read 53,947,295 times
Reputation: 7058
I have a friend that got a huge severance package plus 6 months notice and free career counseling. He had 20 years with the corporation.

Another friend got the exact opposite. Constructive discharge. They mobbed-harassed her out of the job. So she would retire.
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