Re: Need advice on how to handle a sticky work sit... - Page 2

Annabellethecat66 · ‎03-12-2010

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.

qbetzforreal · ‎08-28-2010

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.

I am still oxox · ‎03-09-2010

@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.

Stop being afraid of what could go wrong and start being positive what could go right.

qbetzforreal · ‎08-28-2010

@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.

CrazyDaisy · ‎03-20-2010

@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.

Someday, when scientists discover the center of the Universe....some people will be disappointed it is not them.

Silver Fox1 · ‎08-14-2015

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

cancer1975 · ‎11-20-2012

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.

Q4u · ‎03-17-2010

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!

*~"Never eat more than you can lift......" Miss Piggy~*

Tinkrbl44 · ‎08-23-2010

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.

nun ya · ‎03-09-2010

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.