peppermintpatty
Pearl Clutcher
Refupea #1345
Posts: 4,209
Jun 26, 2014 17:47:08 GMT
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Post by peppermintpatty on May 30, 2017 15:51:12 GMT
After almost 22 years, I was told that my job was being terminated in June due to lack of work. I have spent hours and hours finding another job and last week was offered a great position. My boss is like family and he knew I had an interview but I did not tell him anything about how it went. Until today. I didn't think much of it but my boss has lost all credibility with the president of the company. The president is an asshole, plain and simple and he asked how my job searching was going, my boss told him I had an interview but didn't know anything about the outcome.
So today I told my boss because I told him that the date that he had stated was the end of my employment was fine and I wanted to stay with that date. He then asked me to write a letter stating that such and such a date was going to be my last day. I told him no because that states that I am leaving, not being laid off. He said that this puts him in a bad position because if the president asks him again, he has to lie. He is concerned that my severance (as crappy as it is going to be) may not be given because I found another job.
I didn't choose to leave this company. I don't have a non-compete clause. I wasn't specifically told that I cannot work while I am receiving severance. I haven't been told how much severance I will receive. It is stated in the company handbook that employees terminated for no fault of their own will receive severance. I never signed an employment contract that stated I couldn't look for other work or any part of this (other than that I received the handbook).
Can they really do this? They are looking for any reason not to pay me. Based on this conversation, I may have to just pack up and leave and not tell anyone why I am leaving which really sucks because I have friends here and I thought after 22 years, I had some value but I guess I was wrong.
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Post by tiffanyr on May 30, 2017 15:58:06 GMT
I have heard of clauses that state if you leave before your last day of employment you will not receive severance. I work in HR but not am not versed in severance packages, so I'm probably no help.
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Post by littlemama on May 30, 2017 15:59:10 GMT
After almost 22 years, I was told that my job was being terminated in June due to lack of work. I have spent hours and hours finding another job and last week was offered a great position. My boss is like family and he knew I had an interview but I did not tell him anything about how it went. Until today. I didn't think much of it but my boss has lost all credibility with the president of the company. The president is an asshole, plain and simple and he asked how my job searching was going, my boss told him I had an interview but didn't know anything about the outcome. So today I told my boss because I told him that the date that he had stated was the end of my employment was fine and I wanted to stay with that date. He then asked me to write a letter stating that such and such a date was going to be my last day. I told him no because that states that I am leaving, not being laid off. He said that this puts him in a bad position because if the president asks him again, he has to lie. He is concerned that my severance (as crappy as it is going to be) may not be given because I found another job. I didn't choose to leave this company. I don't have a non-compete clause. I wasn't specifically told that I cannot work while I am receiving severance. I haven't been told how much severance I will receive. It is stated in the company handbook that employees terminated for no fault of their own will receive severance. I never signed an employment contract that stated I couldn't look for other work or any part of this (other than that I received the handbook). Can they really do this? They are looking for any reason not to pay me. Based on this conversation, I may have to just pack up and leave and not tell anyone why I am leaving which really sucks because I have friends here and I thought after 22 years, I had some value but I guess I was wrong. Well, aren't they charming. I would not write anything down without consulting an attorney first.
The only thing I would write down, if I didn't care about the severance would be "I understand that the company is laying me off due to lack of work effective ________ and that, according to the handbook, I am eligible for a severance package." (but I don't advise that!)
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Post by Menjiness on May 30, 2017 16:00:43 GMT
Generally if you choose to leave before your severance date, then your severance pay is not given. The two companies that I worked for, in HR, the letters stated that they had to work until the termination date to receive the pay. Now in one of those companies, the owner DID still pay you out if you found a new job. That was because she had a heart and was genuinely concerned about her employees.
I hope it all works out for you.
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peppermintpatty
Pearl Clutcher
Refupea #1345
Posts: 4,209
Jun 26, 2014 17:47:08 GMT
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Post by peppermintpatty on May 30, 2017 16:08:18 GMT
I haven't said that I won't work until the termination date. I already said I would do that because I didn't have a job lined up. I don't start this other position until a few weeks later. I planned on working as long as they will let me. I just want to move the paperwork along and get everything finalized and of course my boss likes to drag his feet said "I can't think about this now".
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keithurbanlovinpea
Pearl Clutcher
Flowing with the go...
Posts: 4,313
Jun 29, 2014 3:29:30 GMT
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Post by keithurbanlovinpea on May 30, 2017 16:08:21 GMT
I agree with the above posters. If you leave before the agreed on date then no severance. The company could also change or extend that date. You should tell your new job, assuming you get it, that you can start on X date as you have to work until the end of your employment with your current company in order to be eligible for certain benefits. If they press you to to start, ask for a sign on bonus equal to your severance pay. Don't put your last day in writing. Make the company provide you with an end date that would be mutually beneficial to them using your talent and your receiving severance.
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Post by littlemama on May 30, 2017 16:11:32 GMT
I haven't said that I won't work until the termination date. I already said I would do that because I didn't have a job lined up. I don't start this other position until a few weeks later. I planned on working as long as they will let me. I just want to move the paperwork along and get everything finalized and of course my boss likes to drag his feet said "I can't think about this now". Oh, you don't owe them a damn thing. They are laying you off. You are starting a new job several weeks later. Your new job doesn't impact them whatsoever. Don't tell anyone anything, including your boss. And still, don't write anything down.
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River
Pearl Clutcher
Posts: 3,627
Jun 26, 2014 15:26:04 GMT
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Post by River on May 30, 2017 16:19:18 GMT
I would not say another word about your job offer. Just work the normal hours of your current job until they terminate you for lack of work/Lay-off. I would not be trying to push through the paper work, anything of the sort could make them look for a loop hole in order to not have to pay you the severance you are due.
After all the termination/lay-off paper work is signed and you are walking out, I'd tell your friends about your new job.
Good luck with your new opportunity. I'm sorry you are having to leave a job of 22 years, but hope the new one makes you happier.
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Post by bc2ca on May 30, 2017 16:25:07 GMT
Have they given you notice in writing or just verbally told you about the termination?
IME, if we gave a notice of layoff, the employees had to stay through to the final day to get their severance. The intent of the severance is to bridge them to another job.
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freebird
Drama Llama

'cause I'm free as a bird now
Posts: 6,927
Jun 25, 2014 20:06:48 GMT
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Post by freebird on May 30, 2017 16:40:44 GMT
I'd just say "nothing is in stone yet. I haven't signed a contract." and leave it at that. If you're there on the last day, how are they going to know you have another job unless you tell them?
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Post by ktdoesntscrap on May 30, 2017 16:53:19 GMT
If they have put your severance in righting. I would respond to that letter with acknowledgment that you would be working through such and such date and that your severance will be XXX.
If they have not put it in writing. I would write a note confirming your conversation of... xx date with xx and clarify the arrangements. Use this time to put in a thank you for the 21 years and blah blah.
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Post by Clair on May 30, 2017 17:08:39 GMT
Another HR pea - but not my area of expertise.
What I will say is that you are sharing too much info with your boss.
Your position is being eliminated and it sounds like they have given you a last day. They need nothing more from you - they are required to have everything ready on that date. You should not be trying to push things through.
Your boss may be your friend but you don't need to share everything. By doing so, you have put both of you in an awkward position.
You are reading way too much into how they are feel about you and your value to them. This is a business and a business decision.
Depending on exactly how things are going - I might start saying you are reconsidering the new job because of the possible loss of severance. You can reconsider and still keep the new job - just don't share with anyone.
After everything is over you can tell your friends you didn't tell them because you didn't want to cause any awkward situations.
When the ship is sinking - everyone is trying to save themselves. Shut up and save yourself.
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Post by originalvanillabean on May 30, 2017 17:20:09 GMT
What I will say is that you are sharing too much info with your boss. Depending on exactly how things are going - I might start saying you are reconsidering the new job because of the possible loss of severance. You can reconsider and still keep the new job - just don't share with anyone. When the ship is sinking - everyone is trying to save themselves. Shut up and save yourself. Great advice.
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Post by JustCallMeMommy on May 30, 2017 19:34:43 GMT
It doesn't sound like they "have" to give you much severance anyway. I would say that per their policy, you are eligible if you work until the stated last day, but they can just say their package is $100 and this candy bar. Even good severance packages sometimes have strings attached. For instance, they can say that you have to file for unemployment, and they'll pay the difference up to your previous salary or that they will pay severance for X weeks or until you find another job, whichever comes first.
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psiluvu
Pearl Clutcher
Posts: 3,217
Location: Canada's Capital
Jun 25, 2014 22:52:26 GMT
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Post by psiluvu on May 30, 2017 19:46:02 GMT
You have mitigated your losses by finding another job. They may not have to pay you any severance. Good advice about not sharing with anyone. They have shown you that your loyalty doesn't matter.
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Post by Darcy Collins on May 30, 2017 20:30:51 GMT
It sounds like they are being "flexible" on your last day in hopes that you will formally quit to start a new job and they will not have to pay you severance. Do you have an actual letter from them on last day and severance? If not, I wouldn't count on an severance until you have been formally terminated by them. Whether you have flexibility in starting your new job and the size of the severance may drive whether it's worth it. Please keep in mind you are not obligated to provide any notice or expatiate any paperwork for them terminating YOU.
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