Wrongful termination 3

[kawh1]

Here's the short story:

S - supervisor
M - manager

I accepted a job offer that stated I was to be paid X amount for a month, and was to be later given a performance review in which my salary would increase to Y amount. This is a full time, "permanent" position.

The employer kept putting off the review by a couple of months, until I finally asked S more than once that he agreed to set up a review. S agreed to ask management about the salary increase as previously agreed on my job acceptance during the review. He even went as far to say that I was doing an acceptable job, but needed improvement in certain areas. S gave me two choices of assignments to do in the near future.

Couple days later, I asked again about my salary increase. I was then told by S that I was not getting the increase due to unsatisfactory performance. When I asked for details, he refered me to management. After a meeting between M and S, they called me into office and said I was fired for not doing satisfactory work.

This completely contradicts what S previously stated, since he was going along with the plan of increasing my salary as agreed on my job offer. It's obvious that M (who has no idea of what I do in the company) plainly did not want to increase my salary, even if that was the agreement. They wanted to keep me around based on my old salary that was supposed to last only thirty days, after I worked there for three times as long.

I don't know how to handle this situation. I could sue, but that would take more money than it's worth. I hate being taken advantage of, especially when the pay conditions were in writing. What's worse is M saying how S reported to him that I was doing a bad job - when clearly that wasn't what S told me when I had a meeting with him. I could even tell S's eyes welled up with tears during the meeting. S is M's hand puppet.

Do I just forget about the incident and move on? A fistfight would have felt good in the office, but it would have been nowhere near prudent. I'm also worried about putting that job down on the resume (even if I don't list them as reference), if prospective employers call them, they might tell the lies they told me.

 

[jmw]

There is a clear breech of contract in that the review didn't happen when it was scheduled (I assume it was an agreement in writing, or was written somewhere).

The review and the promise of the increase were pretty common in that there is an implied or implicit "trial period" after which you either get the raise because you are satisfactory, or you get the boot. That is when they must decide, not later nor should they defer the review.

That they didn't give you the boot implies your work was acceptable within the terms of the job offer. The raise should have been awarded and at that time the opportunity taken to address any issues that would help you improve.

There are other failings of their's to do with the proper management of new employees.

It may well be that they were looking for an excuse, artificial or not, to cut staff.

It shouldn't cost you if you win and get costs plus.
Much may depend on where you are and what support you might get from your professional body.

Your terms of reference, job description project descriptions should make clear what was expected and what you actually delivered.

In other words, if your performance is measurable rather than simply a judgement based on hearsay, you may have a case that could be pursued.

If you don't have documented the job offer, description, review dates and don't have a written description of what they have actually defined as unsatisfactory, you may have some problems. This is sloppy on both their and your behalf.

In this country, you are entitled to see your personnel file which should, in a well ordered company, reveal if there is a general and ongoing dissatisfaction or if it is a sudden invention. Ask for a copy, better yet, if you are entitled, go in an request it face to face with HR (don't let them near a shredder).

You should ask them in writing for their reasons and the detail of in what way your work was unsatisfactory. A general declaration is not sufficient and you may want this if you are guilty and want learn from your mistakes.

They obviously need to learn not to treat employees in such a cavalier way but it may or may not be for you to do it.

And you may also want to know what type of reference you will get. You may be entitled to a better reference than they are prepared to give and if it is an unearned bad reference or no reference, it will be a problem you really don't need when looking for a new job.

They may well be trying to exploit the examples of poor performance that everyone manages to give at some time and in some way (because no one is perfect) simply to downsize or correct their own mistake of creating a job they didn't really need.

Management should have addressed any issues that were unsatisfactory at the time and given you the opportunity to improve in those areas - especially with a new employee who cannot be expected to be perfect from the get go.

JMW

http://www.ViscoAnalyser.com

 

[kawh1]

JMW, thanks for your insightful reply. I do have email correspondence of my job acceptance, detailing salary conditions. My performance review, nor what my expectations within the company were written. I should have taken better precaution, but nothing ever gets responded through email since everyone just walks across the room and talk.

I doubt there is any written personnel records, they are a very disorganized company. Even if they did have written records, I would strongly suspect management would write whatever lies to suit their agenda. I could try and get my personnel record and go from there.

As far as references go, I would be satisfied with a no reference as opposed to a negative one. The manager seems like a psychopath in his dealings with people.

 

[zdas04]

You can sue. You could possibly "win". But then what the hell do you have? Best case is that the court makes them take you back. That is really fun, those egg shells really hurt the foot. Actual damages would probably be the amount of the raise over the duration of employment after the first month (a few hundred dollars, and the lawyer gets 1/3). If you get punitive damages (unlikely for a short-duration employee), your lawyer will get a bunch of it and the rest won't be enough to retire on. Then what? You go back on the job market with the reputation that you'll sue any SOB that crosses you, that is not a real plus in the job market.

I thought about suing an employer once and went so far as to go to a lawyer. This guy looked at my case and invited me to leave--he said I'd probably "win", get a few thousand dollars, and then be unemployable in my industry. I took his advice and got on with my life, I've never regretted it. I'll give you the same advice. Forget a suit. Forget forcing HR to copy your personnel file. Forget trying to re-construct documentation. Forget being angry about the whole thing. Just leave with your head up and put this short-duration job on your CV--when the next employer asks why you left, tell them that you are unclear as to why you were asked to leave after the probation period (don't lie, but since your supervisor said you were doing "satisfactory" and the manager decided you weren't, you are honestly confused). I wouldn't ask for references. If the manager really is a psychopath (unlikely and throwing clinical terms around like that is quite unprofessional) then you don't want to give a new potential employer permission to call him.

David

 

[Krautso]

If there is a probationary period written into your contract (standard is 3-6 months) they can let you go within that period without cause. The language must be very clear though. Otherwise you are entitled to a severance.

Your severance is determined not just on length of employment but your age and employability within your area. If you were recruited to the position that would provide additional benefits.

The breach of contract (lack of raise) could also be fought if your S was willing to testify that he did in fact provide you with a satisfactory performance review or if you have any written documentation from that assessment.

 

[Ron]

Chalk it up to experience. Take zdas04's advice and move on.

 

[IRstuff]

I think that you have little to fear. Even the worst employee we ever hired had nothing but positive things said about her from her previous employer. The fear of being sued for libel usually results in HR saying nothing more than whether a person was actually employed or not.

TTFN

FAQ731-376

 

[msquared48]

What goes around comes around. I've seen it true too many times to mention.

Just move on knowing that they WILL get theirs.

Mike McCann
MMC Engineering

 

[tickle]

If you are not performing correctly in your job, the company needs to follow a written procedure to sack you, even if they wish to get rid of you in the probabtion period. This will advise how you are failing and develop a remediation plan to address the short comings. Without this written advice and the fact that they kept paying you after the probation period, means that, implicitly, you have passed the probation period.

Remember probation periods work both ways, I am sure if you had a better job offer and you had not had the probation review, you would have left and potentially opened yourself up for being sued.

Most of my jobs have had probation periods, but I cannot remember one of the employers actually conducting a review close to the end of the probation period.

For interest - do/did you agree with the the complaints that the company made against you? Were the "areas for improvement" that the S highlighted, the same ones that the M sacked you for? Did you improve in those areas?

I do not think you should persue the complaint, the above posts clearly state this. Hopefully this will be a lesson for you and other engineers in a similar boat.

PS as Msquared says - what goes around will come around. I am sure that you will not be recommending any of your colleagues approach the company for a job!

 

[ctopher]

Was it in writing that the review would come, including a raise?

Chris
SolidWorks 08, CATIA V5
ctopher's home (updated Aug 5, 2008)
ctopher's blog
SolidWorks Legion

 

[josephv]

Everyone makes a good point that generally a lawsuit might not help you, but still you should talk to a good lawyer to see what are your options.

You might be able to negotiate something, for example they give you a good reference letter and you don't sue them.

best wishes,

 

[jmw]

The additional information provided shows a rather dysfunctional company

The manager seems like a psychopath in his dealings with people.

This is a bit of a catch 22 situation. If the manager were rational and the company normal, the situation probably would not have arisen but being the way it is it is the probable reason such a situation could arise with no foundation at all except the manager was having a bad day.

As too getting a good reference. I think we have to go with Kawh1's assessment that they'd tell whatever lies they want and to heck with a law suit.

Can't happen?
It did with a colleague of mine. Manoeuvred out of a very good position in Houston by internal politics, and brought back to limbo in the head office (no grounds to dismiss) the group CEO fiddled around about and then offered him a made-up job.
With nothing better immediately available, my colleague accepted but within a week had been made an offer by another company in Denver.
He took the job.

The CEO didn't wait to be asked for a reference, he immediately wrote to the new employer and told them my colleague was a shiftless lazy disloyal person etc (or words to that effect). Fortunately, this seemed even better than a reference to his new employer.

In any event, I think I begin to err on the side of look and see, get advise and then decide if it is worth while going after them.

BUT: if this manager has behaved this way to you, presumably there are others who have been similarly treated? Is the guy a serial sacker? if so, he may prove vulnerable when yet another instance is brought to the owners attention or converesley, he may long a go have found a means to be fire proof.

Your supervisor, may be sympathetic enough, and p**sed off enough, to give you some pointers if approach obliquely.

JMW

http://www.ViscoAnalyser.com

 

[Japher]

Some Companies are horrible, spineless, spiritless a-holes. I've worked for one and thank goodness it was short lived. Count your blessings, despite being fired, it was for the better. I've heard the OP story countless times, and jmw's one above once before.

If you wish to document something that is verbally relayed, there is nothing wrong sending an e-mail confirming what was discussed, especially if it concerns your career and well-being. Also, HR is not your friend. Complaints to them will land on your bosses desk, no matter what they say. Regardless, if the boss has it out for you, any complaint will be see as something initiated by you.

IMO, the only solution to these bad bosses is to avoid them like the plague. If you work for one, leave, and let HR know why you are leaving on your way out.

 

[swivel63]

did you get a chance to defend yourself? was there documentation on your "poor performance?" i don't know how it is where you work, but where i'm at.....it's at will, so basically they can fire you for whatever reason. be glad you left that company. i left a similar situation and was elated on my last day. i usually put it down on my resume, don't give a reference and say it was a bad fit whenever someone asks. i'm sure you have plenty of other people who can vouch for you, anyway.

 

[bvanhiel]

kawh1,

While everyone's advice may be perfectly valid in their state/country, keep in mind that your rights may be different. I work in an at-will state with few exceptions. That means that you can be fired (or quit) for any reason at any time with no liability. Your employer did not think your work was worth the higher salary and let you go. They may not have to legally have any more reason than that.

Even if you worked in a jurisdiction that would respect your offer letter as a contract, you don't have copies of the signed documentation.

I would start looking for another job rather than wasting your money/time on lawyers.

 

[Latexman]

Lesson learned. Move on.

Do not contact a lawyer unless you have more money than you need, because at the end of the day the lawyer will get your money and you will wonder why you even bothered (i.e. you'll be screwed).



Good luck,
Latexman

 

[Bester2]

Kawh1,

There is not much you can do about what happened to you but you may be able to stop someone from making the same mistake that you did. Go to

http://www.glassdoor.com

and post about the company you worked for. You may have to do some work getting the company set up in their system, I am not sure every company I looked for was in their database. This way when someone else is about to accept the job they may read your experience and choose a better situation. I also would ask everyone to do the same about the company that they currently work for good or bad. This site really could be a very useful tool when you are trying to make the decision about joining a company or not.

Good luck.


SW 2007 SP 5.0

 

[EddyC]

I think that you should forget about what happened and just get on with your life & career. Don't think that other arbitary things won't happen to you again in the future, because it happens to all of us more than once in our careers. If work was only about work, it would be easy. 2/3 of the time its about satisfying someone's thirst for wealth, power & ego. I wouldn't want to work for an employer who didn't value what I do for them.

 

[Lion06]

You were there for 3 months, so it will be difficult to NOT show it on your resume. I would try to get a copy of your file and keep any documentation that states your job performance was satisfactory. The reason is this - if when called (and they will be called by a prospective employer), they say you were a bad employee (or anything else that explicitly contradicts what is in your file or can be documented) then you can sue them pretty easily. I only know this because my wife is an HR manager and it's always dicey about what they can say when called for references. The hardest part would be finding out from the prospective employer what was said.

 

[Japher]

If you explain that you weren't a good fit with the culture and were let go I doubt that a call to HR would reveal anything more than that the feeling was mutual. You'd be surprised at how many people have had a horrible situation, or a mean boss, or a trying moment in their life. Any hiring manager worth their salt would give someone a chance as long as they fit the bill every other way, especially in a work at will state.

I had an employer right me up for not particular reason, well he had a reason; he wanted to dump all the blame for his poor management skills on to me. Apparently he would be give projects and then forget about them, then wonder why I didn't do them. Anyway, I quit after being written up, and good thing to. A coworker who quit a week or two before me for the same reason accused the bastard of sexual harassment, which I know he was guilty of. On my way out I was able to collaborate the fact and the punk was fired not long after I left. I was then asked to return and told them I wouldn't ever work for a place that would let such behavior go on right under their noses.

Anyway, a lay-off later I now work with ex-senior VPs from a much larger company who left because of similar arguments with the CEO. I guess the Peter Principal holds.

I guess what I am saying is, it's okay to have dirty laundry but it's not okay to air it.