Re: FWD: An ugly job incident (long)

["Huber, Mike" <mrhuber -at- SOFTWARE -dot- ROCKWELL -dot- COM>]

> From: John Posada [mailto:john -at- tdandw -dot- com]

> I'm sorry, but I deal in reality.
>
> Is the severance deserved? Maybe.
> Will it require lawyers, courts, etc.? Yes, at least lawyer(s).
> What's severence pay? Two weeks? That will get eaten up in
> the first two
> meetings with the lawyer.

> > Kiss that puppy goodbye

There are more issues than the severance pay. Anon stands accused of theft
and sabotage. Walking away might not be an option, depending on the
attitudes of those left behind. I don't know how far it is likely to go (my
guess is probably nowhere) but blacklisting, lawsuits, or even criminal
charges are possible.

Talk to a lawyer. A good one will, if it's the right move (and my guess is
that it is) say "forget it." Nobody on this list is qualified to tell you
that.  Many lawyers will do that much without charging a fee. A simple "my
client is sad" letter can suggest to a vindictive ex-boss that perhaps it
would be best to let this one go. And if there is an ongoing conflict, it's
worth a certain amount of money to be able to just say "talk to my lawyer"
instead of arguing it out and maybe saying something you will regret later.
I had a problem with an abusive landlord a long time ago, and consulted a
lawyer. The feeling I had hanging up the phone was worth the fee. The fee
wasn't much, because all that lawyer did was insulate me from being
intimidated, and that was enough.

But I agree - fighting it out over the severance is likely to be a losing
battle. What Anon should fight for is to cut losses.

> From: Barry Kieffer [mailto:barry -dot- kieffer -at- EXGATE -dot- TEK -dot- COM]
>
> Severance packages, like sick and vacation pay, are a gift
> from the company.

Companies don't give gifts.
Severance (like paid time off) is a negotiation item, even if it isn't in
the contract or a subject of formal negotiation. It's part of the package.

But remember, no matter how good or bad things are: Companies don't give
gifts. Not to employees, not to customers, not to suppliers. There might be
things that look like gifts, but they aren't gifts. Ever.

OK, in a sole proprietorship or small partnership an owner might personally
give gifts to employees, or customers or others when personal relationships
grow out of business relationships, and that gets a bit complicated, but
companies don't give gifts.

And I will grant that I've worked for some very generous employers, one in
particular who regularly went far beyond what I would have asked for. But
they expected the generosity to be rewarded, and I think it was. That
exceptionally generous employer made extreme demands and got excellent
results.

---
Office:
mike -dot- huber -at- software -dot- rockwell -dot- com
Home:
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