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Message
OT Lawyers- Work Severance question
Posted on 1/15/16 at 3:05 pm
Posted on 1/15/16 at 3:05 pm
just had lunch with a buddy who was laid off last week. he told me that his property management company sold the property he was at and the new buyer chose not to retain the staff
the company that sold the property(his current employer) said he will be getting 2 months severance plus vacation.
fast forward to yesterday where the new management company came in and did an exit interview with all the laid off employees. they mentioned that they might be offering some of the staff a lesser role at one of their other properties in the area
heres the weird thing- his current employer(the old company) is saying that IF the new buyer offers him another position within their company, then he does not get any of the severance, whether he accepts the position or not.
how is that right? isnt that backwards? i mean they offered the severance and now they are saying its forfeting no matter if he wants it or not?
why cant he just decline the lesser job and take the package and walk?
i told him i would see what i could find out, because that didnt sound right. TIA
the company that sold the property(his current employer) said he will be getting 2 months severance plus vacation.
fast forward to yesterday where the new management company came in and did an exit interview with all the laid off employees. they mentioned that they might be offering some of the staff a lesser role at one of their other properties in the area
heres the weird thing- his current employer(the old company) is saying that IF the new buyer offers him another position within their company, then he does not get any of the severance, whether he accepts the position or not.
how is that right? isnt that backwards? i mean they offered the severance and now they are saying its forfeting no matter if he wants it or not?
why cant he just decline the lesser job and take the package and walk?
i told him i would see what i could find out, because that didnt sound right. TIA
8
Posted on 1/15/16 at 3:20 pm to dallastiger55
Couldnt he just tell the new company he doesnt want an offer ? Pretty much depends on what his package says in the end.
Posted on 1/15/16 at 3:23 pm to dallastiger55
There's a difference between being terminated and restructuring. If they're saying, "We're restructuring and we have this position available for you" they're not letting you go. If you say "no thanks", that's you quitting, not them firing you.
Posted on 1/15/16 at 3:24 pm to dallastiger55
quote:
the company that sold the property(his current employer) said he will be getting 2 months severance plus vacation.
Does he have this in writting?
Posted on 1/15/16 at 3:26 pm to dallastiger55
Tell your buddy my floating retainer is 7500 and I take pay pal and all major CCs
Posted on 1/15/16 at 3:28 pm to dallastiger55
Well, they don't "have" to give him shite. The severance sounds like it was a generous offer based on the fact that they sold the property/facility and felt bad for their employees (presumably the employees have no warning). So they offered the severance to hold them over while they all find jobs. If the new company offers them one, they can save a few bucks. I don't see a problem with it, though it sucks.
They do owe him though for his unused vacation, I think.
Your buddy should make himself undesirable in the interview. Maybe act stupid.
They do owe him though for his unused vacation, I think.
Your buddy should make himself undesirable in the interview. Maybe act stupid.
Posted on 1/15/16 at 3:32 pm to BrotherEsau
yeah no doubt, i agree
thats the shitty thing. hes a lead manager making 100k, and they said it would be an assistant or entry level job at half of that.
thats BS, either accept the 50k job or you dont get the money?
thats the shitty thing. hes a lead manager making 100k, and they said it would be an assistant or entry level job at half of that.
thats BS, either accept the 50k job or you dont get the money?
Posted on 1/15/16 at 3:37 pm to dallastiger55
***Piggy Back***
I work at a Plant and accepted a job offer that stated "salaried, non-exempt"
but now they want me to fill out a time sheet like a regular hourly employee, and when I asked why, they said I'm hourly.
What's the benefit for them in this? I was told that I was guaranteed hours, in case of weather or shut-down, but now I'm not sure. I assume that my contract stating "salaried" would trump any changes that may come in the future, but I don't feel like this was done out of any malice. An engineer at the plant said that he's been hourly for 17 years. Do I not know what Salaried means, or is there some reason as to why they'd do this?
I work at a Plant and accepted a job offer that stated "salaried, non-exempt"
but now they want me to fill out a time sheet like a regular hourly employee, and when I asked why, they said I'm hourly.
What's the benefit for them in this? I was told that I was guaranteed hours, in case of weather or shut-down, but now I'm not sure. I assume that my contract stating "salaried" would trump any changes that may come in the future, but I don't feel like this was done out of any malice. An engineer at the plant said that he's been hourly for 17 years. Do I not know what Salaried means, or is there some reason as to why they'd do this?
This post was edited on 1/15/16 at 3:39 pm
Posted on 1/15/16 at 3:42 pm to dallastiger55
quote:
thats the shitty thing. hes a lead manager making 100k, and they said it would be an assistant or entry level job at half of that.
shite, that really sucks. Does he have the severance offer in writing? If so, does it have the offer/condition written in?
If I were him, which I am not, and this is not legal advice, I'd seriously make sure I don't get that offer. Maybe make some inappropriate remarks (sexual, racial, etc), fart, be a fool and act like that's the norm around there. And hope that "would have made an offer but this guy's stupid" doesn't void the severance offer.
Posted on 1/15/16 at 3:46 pm to BrotherEsau
quote:
If I were him, which I am not, and this is not legal advice, I'd seriously make sure I don't get that offer. Maybe make some inappropriate remarks (sexual, racial, etc), fart, be a fool and act like that's the norm around there. And hope that "would have made an offer but this guy's stupid" doesn't void the severance offer.
lol i know i was thinking the same thing. my question was, "you should have declined the exit interview."
yes the package is in writing
Posted on 1/15/16 at 4:09 pm to Kujo
quote:
I work at a Plant and accepted a job offer that stated "salaried, non-exempt"
but now they want me to fill out a time sheet like a regular hourly employee, and when I asked why, they said I'm hourly.
What's the benefit for them in this? I was told that I was guaranteed hours, in case of weather or shut-down, but now I'm not sure. I assume that my contract stating "salaried" would trump any changes that may come in the future, but I don't feel like this was done out of any malice. An engineer at the plant said that he's been hourly for 17 years. Do I not know what Salaried means, or is there some reason as to why they'd do this?
Are you paid OT?
Posted on 1/15/16 at 4:10 pm to Kujo
quote:
"salaried, non-exempt"
Obviously an hourly employee gets paid for all hours worked, including overtime.
A salaried employee who is exempt gets paid the same amount whether he works 40 hours or 60 hours.
A salaried non-exempt employee is eligible to be paid overtime.
Maybe the employer wants to ascertain that all employees are working 40 hour weeks.
Posted on 1/15/16 at 4:47 pm to dallastiger55
They can do pretty much anything they want. There's no legal obligation to pay severance in the first place so they can change their minds and be squirrely as shite about it too.
Posted on 1/15/16 at 5:52 pm to Pettifogger
quote:
Are you paid OT?
yeah. thats the non-exempt part. I just hate filling out a time sheet.
Posted on 1/15/16 at 6:13 pm to Kujo
quote:
What's the benefit for them in this? I was told that I was guaranteed hours, in case of weather or shut-down, but now I'm not sure. I assume that my contract stating "salaried" would trump any changes that may come in the future, but I don't feel like this was done out of any malice. An engineer at the plant said that he's been hourly for 17 years. Do I not know what Salaried means, or is there some reason as to why they'd do this?
Yes. To keep up with sick days & vacation time.
Also, remember that every months check is not gonna be the same. That's also the reasoning behind this time sheet.
For example, if our schedules are the same, then we will have had 21 working days in this month, including the holidays(New Years day, MLK day). That's a 168 working hours for January.
In February, it's also 21 days and 168 hours
March though, has 24 working days, meaning 192 hours work. Your March check is gong to be larger than the February and January checks.
Even though you're salaried, you're still in essence paid a hourly wage.
At least that's how it works at my job and I'm salaried.
This post was edited on 1/15/16 at 6:14 pm
Posted on 1/15/16 at 6:22 pm to Kujo
quote:
yeah. thats the non-exempt part. I just hate filling out a time sheet.
My bad, scanned right past it assuming you were questionably designated exempt.
Posted on 1/15/16 at 6:34 pm to dallastiger55
If your company gets bought out and the new company basically lays off everyone, typically it's 60 days pay, if there are enough employees to begin with.
But a new company that essentially retains you, you aren't getting laid off anymore.
Imagine I'm working at McDonald's flipping burgers. If Burger King buys the restaurant out and now I'm flipping burgers for BK, I wouldn't expect a severence from McDonald's.
But a new company that essentially retains you, you aren't getting laid off anymore.
Imagine I'm working at McDonald's flipping burgers. If Burger King buys the restaurant out and now I'm flipping burgers for BK, I wouldn't expect a severence from McDonald's.
Posted on 1/15/16 at 6:45 pm to Kujo
I'm a salary construction employee and I fill out a timesheet. I assume It's just because 99% of people in the company are hourly and the whole company software system is built around things working that way. To Accounting we are basically square peg since the whole system was built around billing by the hour and paying by the hour.
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