I just had my annual performance review, and without any warning, verbal or written, they told me I was not eligible to remain in the same position and that effective immediately I would start a different position that Is a demotion even tough I don't take a cut in pay. If I was doing such a poor job the whole year, why did they wait a whole year to tell me? Now they want me to report to my new position tomorrow, and I asked for 2 days of sick/vacation because I didn't feel prepared and they won't give it to me. I also asked for them to put this in writing but they are saying that since I am not a new hire, I don't get an "offer" letter, I will get a job description if I decide to accept, if not, I am voluntarily resigning...
Any toughts or suggestions? Please?
2007-01-31 11:34:49 · 7 answers · asked by Coco 1 in Business & Finance ➔ Careers & Employment
I am in CA, do you know what websites or who I could call to get free legal advice? I called my EOP but they cannot provide legal advice on this because it's a confilt of interest since my employer pays for the benefit.
The VP for HR seemed to have second thoughts in terms of believing my "***" of a boss? How should I fight this and what should I say? I just spoke with them and they agreed to let me wait until Monday and take 2 days vacation?
2007-01-31 12:15:08 · update #1
I'm sorry for you, this is a difficult position. But contrary to what has been posted here there is no law on the books, state or federal, that says an employer "has" to write you up or give you feedback for performance issues. An at-will employee (as the State of California is) means they can fire you or you can quit at will, with or without notice. It would have been better for both you and the company if someone had given you feedback and talked to you about it. But some managers are afraid of confrontation and don't do this. It is frustrating for both the employee and the HR people who have to try and piece it all together after the fact and figure out what happened. I would work with your HR department to find out specifically what happened and why nothing was said to you or given to you before this. Did the company downsize the number of people in those positions? Is the position being changed?
The fact that you are not going to lose any pay or benefits is good. You must work through the internal complaint process of your company before going outside for legal recourse. If you go to the E.E.O.C. (which is where this would go) they will ask you what steps you have taken through your company to resolve this issue first.
Take your two days off, take the weekend to think it all over. Continue talking to H.R. about it to see if they can get your more information as to why this happened and what the specific performance issues are that lead to this. Don't close the door to trying the new position as it may be a blessing in disguise. Don't make any quick decisions or you may regret them in the long run. Think everything through before you do anything rash. Once you file something legal it becomes a public record (law suits) that a background check can pick up for a future employer. Cases through the E.E.O.C. take a long time to get resolved and heard. (I worked on one that took over 2 years to resolve.)
Good luck!
2007-01-31 12:32:25 · answer #1 · answered by hr4me 7 · 0⤊ 0⤋
That's a huge bummer, I am sorry
Most people will probably to tell you to accept your loss and be thankful you were not fired. - Well, not me.
I would fight this demotion all the way, solely based on Principle!
I do not know what state you are in, or what comapny you work for... I do know however that all states have a labor board in which you as an employee can call and ask as many questions as you'd like regarding your employer, and their accusations against you... what accusations, you ask? The fact that they stated you are no longer eligible to remain in the position you currently held, is an accusation of failure to perform, and they did this without so much as even one written or verbal warning, which is absolutley required by law.
It also would have been in their best interst to allow you the two days you asked for, because now that is another strike against them.
Don't not resign your current position! Go in tomorrow and inform them and it is your intention to obtain legal advise on this matter, making sure they are aware that they can not fire you because of this, you have every right to fight them..
Wrongful termination is also against the law.
If you were indeed doing such a bad job, why on earth would they leave you at the same rate of pay? A demotion is just that, a step down to a lower position, and normally a lower rate of pay.
It really sucks when people take such horrible advantage of others.
I am a huge fighter for principle.. You have rights, fight for them.
Please remember if you resign you can not collect unemployment, which is why they want you to resign.
Best of Luck to you.
2007-01-31 20:05:59 · answer #2 · answered by Aunt Henny Penny 5 · 0⤊ 1⤋
Life has many ups and downs, in your present case, it's really heartening and you should prepare for any eventuality. You have to think it over and maybe write down what you did right and wrong in the past year and should be objective in your approach. Write down on what you did wrong and resolve to make it better when you report to your new position and show them that you have the capacity to excel among your peers in this new job. Report to your new position tomorrow with resolution to do a better job. And don't be affected by the negativity around you. Work and do well and excel. Harboring grudge to your boss will not give you good. Just work and smile... and good luck!
2007-01-31 20:08:29 · answer #3 · answered by dodadz 4 · 1⤊ 0⤋
I am in a similar situation, umm. Well, atleast you get your same pay. They definetly should have given you constructive feedback throughout the year. It's not fair. You have been there a long time and if they value you as an employee, then they will give you an oppurtunity to try fufill the duties in your position.
2007-01-31 19:47:06 · answer #4 · answered by vsweety 5 · 1⤊ 0⤋
If you live in Michigan be thankful you still have a job.
Sounds as if your company may be cutting personnel and did not want to lose you. I personally would NEVER quit a job until you have another one.
2007-01-31 19:43:55 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Take the demotion. With the new minimum wage increase, you're lucky you still have your job.
2007-01-31 19:43:03 · answer #6 · answered by Kilroy 4 · 3⤊ 0⤋
take the new position for now . then if you don't like it start looking for something else .
2007-01-31 19:44:08 · answer #7 · answered by LORD V 2 · 2⤊ 0⤋