topic Re: Need advice on how to handle a sticky work situation in Community Chat

Need advice on how to handle a sticky work situation

I am still oxox — Mon, 07 Mar 2016 15:05:45 GMT

I will try to keep emotional out of this since it a a very tense situation, Last Tuesday, the day before my weekend great away I was told I now longer have a job, I have been a loyal, trusted employee for 16 years.

I work for a small company that is not doing well financially and they are changing their focuses from print to digital at least that is what I have been told.

I have since found out that they will publish and April issue and take it month by month.

They just hired a person do one of the features and are paying her 300 per month, I could of easily done this job

Here is the thing I have all the files from every publication I have created, I have all the info and knowledge on how to get the issue done and how to deal with the printer

I have not been offered a severance package but 2 weeks was mentioned at one point, I really think I should get more.

I am not getting any answers, I am angry and sad and confused.

Should I be stubborn and not give them anything before I get what I want, which is at least 6-8 weeks severance etc

Thanks all

Re: Need advice on how to handle a sticky work situation

Perkup — Mon, 07 Mar 2016 15:39:53 GMT

I'm certainly no expert here, but I believe that if you are no longer employed (regardless of the reason) and are still in posession of some things that are rightfully theirs, you should speak to an attorney before you proceed. Just a suggestion off the top of my ancient hed.

Re: Need advice on how to handle a sticky work situation

Krimpette — Mon, 07 Mar 2016 15:16:26 GMT

Why not try negotiating for more severance before "blackmailing" for lack of a better word? They should know what your abilities are and what files you are privy to (but they are their files).

Re: Need advice on how to handle a sticky work situation

Lilysmom — Mon, 07 Mar 2016 15:22:42 GMT

@I am still oxox, what you need to find out is what is the minimum severance your company is required to pay you by law, I would keep mum on everything until you know that. It varies by state I believe. Finding that out should be your first step.

How do you know how much they are paying the new hire? In my experience, it is not a good idea to burn your bridges. The work world can be a very small place. Also, you must consider the fact that you may need a reference. Losing a job because of the financial crisis in a company (downsizing) is better than losing a job for performance reasons. Having a good reference is also important as you transition to your next position

Some times it isn't fair, I know but consider these things before you act in haste.

Good luck to you. LM

Re: Need advice on how to handle a sticky work situation

ILTH — Mon, 07 Mar 2016 15:31:27 GMT

I swore off these boards, but, I feel compelled to answer you.

You owe them nothing other than the respect and courtesy that were given to you. I'm all for taking the high road, but, not for being taken advantage of, being taken for granted, or, being mistreated. Don't do anything illegal or unethical, though.

You are allowed to withhold information, not, files, though.

Take a few days to regain your balance before making a decision. Go with your gut. It's, usually, right.

"I contend that we are both atheists . I just believe in one fewer god than you do. When you understand why you dismiss all the other possible gods, you will understand why I dismiss yours." Stephen Henry Roberts.

Re: Need advice on how to handle a sticky work situation

elated — Mon, 07 Mar 2016 17:48:13 GMT

I am sorry you loss your job after being their for 16 years. You said they are paying the new hire $300.00 per month or $3,000.00 per month. Seeing that employment is an at will situation, they can terminate your employment anytime without a reason. Also, a company is not obligated to offer you any severance pay. I would not keep any files that belong to the company. They could prosecute you for stealing. I know it is hurtful but I would just move on. Now a days loyalty counts for very little in our working world.

Re: Need advice on how to handle a sticky work situation

Annabellethecat66 — Mon, 07 Mar 2016 15:32:38 GMT

I am going on totally what it seems like. I would think that the work you did while working there (especially what pertained to your job) belongs to the company.

After all, they paid you for that work up until you were given your notice which I would think would mean they paid for ALL of the information/files you not obtain.

That's just an outsiders point of view. I have no real knowledge but dollars to donuts, that's what the law would say too.

Re: Need advice on how to handle a sticky work situation

KALLIE — Mon, 07 Mar 2016 15:32:40 GMT

@elated wrote:
I am sorry you loss your job after being their for 16 years. You said they are paying the new hire $300.00 per month or $3,000.00 per month. Seeing that emplyment is an at will situation. They can terminate your employment anytime without a reason. Also, a company is not obligated to offer you any severance pay. I would not keep any files that belong to the company. They could prosecute you for stealing. I know it is hurtful but I would just move on. Now a days loyalty counts for very little in our working world.

AGREE!!!

Re: Need advice on how to handle a sticky work situation

millieshops — Mon, 07 Mar 2016 15:32:49 GMT

@I am still oxoxFirst, I am so sorry this is happening to you. Separating from any job at which you've seen success for so many years is difficult, but

being pushed out - even if the reason is their finances - is far, far worse.

I suggest two things - one is that you work quietly and find out your legal rights in your state and county. ASAP!

Second is that you clarify who owns the files you mentioned, again with a reliable source.

And when you've done that - do everything legal to make the situation better for you. You deserve that at the very least.

Don't burn bridges and don't take your employer's word as to what's legal.

Re: Need advice on how to handle a sticky work situation

GCR18 — Mon, 07 Mar 2016 15:45:51 GMT

I would find out what your state law is regarding severance pay and unemployment. Since they mentioned two weeks, I am thinking it's up to the employer if they give severance pay or not. I was downsized years ago and got one week pay for every year worked, but I worked for a very large company.

It's good advise not to burn any bridges. I would give all the files back and start looking for another job. Best of luck.

Re: Need advice on how to handle a sticky work situation

Annabellethecat66 — Mon, 07 Mar 2016 15:46:35 GMT

I agree with milli. I think the mistake many people make in a situation where they leave unhappily is that they 'burn their bridges'.

Don't forget when you get another job they will ask "Why did you leave?" Then they contact the other job.

My late husband owned a company that grew to wll ove 200 people. I remember him talking about how his personnel office would contact previous employers of people applying for a job and they would get (sometimes cryptic) comments that would make the personnel office think, "I don't want to have to deal with someone who might cause us trouble". Just saying.

milli gave you very good advice, in my opinion, which counts for zip.

Re: Need advice on how to handle a sticky work situation

qbetzforreal — Mon, 07 Mar 2016 15:47:12 GMT

The OP is an "at will" employee which mean he/she can terminated at any time. There no legal rights federal or state wise for "at will" employee unless the employee can prove that the employer violated a Fair Labor Law like discrimination based gender, race and any other protected characteristic. Then you still get terminated and sue to get your job back orcompensated.

As for the files, if they haven't asked for them then perhaps they don't need them. The company is moving to digital and production wouldn't require the files.

Re: Need advice on how to handle a sticky work situation

I am still oxox — Mon, 07 Mar 2016 15:52:35 GMT

@qbetzforreal

Wow know your facts, I when did i ever day I was freelance was a salaried employee for 16 years not at will. I guess you know nothing about ads for a magazine. There are advertisers that pick up the same ad month after month.

@qbetzforreal wrote:
The OP is an "at will" employee which mean he/she can terminated at any time. There no legal rights federal or state wise for "at will" employee unless the employee can prove that the employer violated a Fair Labor Law like discrimination based gender, race and any other protected characteristic. Then you still get terminated and sue to get your job back orcompensated.

As for the files, if they haven't asked for them then perhaps they don't need them. The company is moving to digital and production wouldn't require the files.

Re: Need advice on how to handle a sticky work situation

qbetzforreal — Mon, 07 Mar 2016 15:56:29 GMT

@I am still oxox wrote:
@qbetzforreal
Wow know your facts, I when did i ever day I was freelance was a salaried employee for 16 years not at will. I guess you know nothing about ads for a magazine. There are advertisers that pick up the same ad month after month.

@qbetzforreal wrote:
The OP is an "at will" employee which mean he/she can terminated at any time. There no legal rights federal or state wise for "at will" employee unless the employee can prove that the employer violated a Fair Labor Law like discrimination based gender, race and any other protected characteristic. Then you still get terminated and sue to get your job back orcompensated.

As for the files, if they haven't asked for them then perhaps they don't need them. The company is moving to digital and production wouldn't require the files.

At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning.

It has nothing to do with being freelance or salaried. Good luck to you, OP.

Re: Need advice on how to handle a sticky work situation

CrazyDaisy — Mon, 07 Mar 2016 15:57:37 GMT

@I am still oxox wrote:
@qbetzforreal
Wow know your facts, I when did i ever day I was freelance was a salaried employee for 16 years not at will. I guess you know nothing about ads for a magazine. There are advertisers that pick up the same ad month after month.

@qbetzforreal wrote:
The OP is an "at will" employee which mean he/she can terminated at any time. There no legal rights federal or state wise for "at will" employee unless the employee can prove that the employer violated a Fair Labor Law like discrimination based gender, race and any other protected characteristic. Then you still get terminated and sue to get your job back orcompensated.

As for the files, if they haven't asked for them then perhaps they don't need them. The company is moving to digital and production wouldn't require the files.

The term "at will" is not free lancing. It means that just as you can leave employment at any time, no reason necessary, your employeer has the same option.

Re: Need advice on how to handle a sticky work situation

Silver Fox1 — Mon, 07 Mar 2016 15:59:45 GMT

They are paying her $300.00 or $3000.00 per month ? But really it dosn't mater they are a private company and unfortunately they can do what they want unless you had a contract with them. As for the files they belong to them and in no way would I try to use them for levrage you could get yourself into a lot of trouble. I would speak with a lawyer, as others have said, or maybe there is something like a Legal Sevices in you area as lawyers can be expensive. Whatever you decide I hope everything turns out well for you, best of luck

Re: Need advice on how to handle a sticky work situation

cancer1975 — Mon, 07 Mar 2016 16:02:19 GMT

I am sorry to hear that you are loosing your job. I am an HR Manager and wanted to give you some information.

Since it seems, you are being told, this is for financial reasons and not work performance you should be eligible for unemployment, every state is different on how much and how they pay it out, please check with your state.

A company only has to pay severance if they have a company policy stating what severance packages are and what an employee is entitled to receive should they be laid off her terminated. Only large company's who conduct massive layoff's are required to notify the state. Such as laying off 2/3 of their workforce.

Since you have been there for so long you can and should ask if there is any way they can give you more severance - since it doesn't seem a clear severance policy is outlined you maybe able to negotiate.

You shouldn't with hold the information you have, they company could sue you or with hold any additional pay. It is never good to burn a bridge, also you may need/want a reference.

This is a tough situation, i have been given this news and I have been the giver of the news. Always remain professional, you are allowed to be scared and sad but don't do anything that would jepordies you getting other employment.

Good luck to you.

Re: Need advice on how to handle a sticky work situation

Q4u — Mon, 07 Mar 2016 16:03:11 GMT

My DH was laid off his job as one of their VPs at a So.Ca multi billion dollar corporation five years ago. It was a shock because he had been part of this company (and it's original companies - 3 buyouts) for over 35 years. He managed roughly 500 people. He was one of the key employees responsible for their success, he successfully grew the business..... They gave him two hours to collect his personal belongings and did not allow him to say goodbye to any of his employees! Coldest thing we've ever experienced. He was not the only one laid off (downsizing!) and they immediately replaced him with someone 25 years younger and far less in pay. That individual immediately lost an over 20 million dollar contract that DH had massaged successfully for 20 years! The new guy was fired. So we think his lay off was determined because of his age (unprovable) and the amount of salary he earned. We're still angry about it....

My advice. Do nothing that will provoke this company into suing you for their personal property. Using it for any kind of leverage (blackmail) will not work to benefit you and will hurt you in the long run with future employment. If you think letting you go was not legal, I'd hire a corporate lawyer to get some advice regarding this as well as your legal rights for severance pay, however most companies are extremely aware of how to fire, let someone go or lay off without reprisals.

I'm so sorry this happened to you. It's a horrible feeling to know there is absolutely no loyalty from most corporations/businesses no matter how long/successful and loyal the employee is to the corporation or business. It's cold but it's the way it is... go into your next job with the same enthusiasm for the job and work hard, just understand that your loyalty is to YOU and if something better comes along, take it and don't look back.... good luck!

Re: Need advice on how to handle a sticky work situation

Tinkrbl44 — Mon, 07 Mar 2016 16:07:24 GMT

OP, please be careful you aren't charged with theft or extortion for keeping files that are company property. The LAST thing you want to do is make this situation worse.

What was the timetable for severance pay? Do what you can (with legal guidance) but don't burn any bridges .... make it desireable for them to re-hire you if things turn around for them. Stranger things have happened.

Re: Need advice on how to handle a sticky work situation

nunya — Mon, 07 Mar 2016 16:17:31 GMT

Did you have to sign a confidentiality agreement when you started? I know some places in advertising have you sign those, so you can't take that info with you. Or tell other companies their strategy.