Re: FWD: An ugly job incident (long)

[Svi Ben-Elya <svi -at- ELIASHIM -dot- CO -dot- IL>]

I couldn't have said it better !

- Svi Ben-Elya -
svi -at- eliashim -dot- co -dot- il
chase -at- netvision -dot- net -dot- il


-----Original Message-----
From: Stephen Arrants <stephena -at- COMPBEAR -dot- COM>
To: TECHWR-L -at- LISTSERV -dot- OKSTATE -dot- EDU <TECHWR-L -at- LISTSERV -dot- OKSTATE -dot- EDU>
Date: Tuesday, October 20, 1998 21:25
Subject: Re: FWD: An ugly job incident (long)


>-----Original Message-----
>From: Eric J. Ray <ejray -at- RAYCOMM -dot- COM>
>To: TECHWR-L -at- LISTSERV -dot- OKSTATE -dot- EDU <TECHWR-L -at- LISTSERV -dot- OKSTATE -dot- EDU>
>Date: Tuesday, October 20, 1998 4:11 AM
>Subject: FWD: An ugly job incident (long)
>
>
>>History:
>>
>>I've been in technical writing for seven years and I have project
>management
>>and supervisory experience.
>>
>>Until last week, I worked for a small startup company with about fifty
>>employees. Last April, we hired an instruction designer to take over
>>training. However, I didn't realize that this instructional designer was
>>actually not one. She had changed careers and only had four year's
>>instructor-led training experience.
>
>Four years' experience is often more than enough to manage, design, and
>deliver training. And changing careers is common in this industry.
>
>>Then about a month ago, she became my
>>manager during a reorganization in spite of the fact I was told by a vice
>>president that I would be the manager of documentation and training. I was
>>told by another VP that she was in her late forties and appeared as an
>>authority figure in a company run by twenty-somethings.
>
>
>So...it seems that you've angry that she was promoted ahead of you and was
>put in a position of authority over you.
>
>>I had several run-ins with her that I will not go into, but it was obvious
>>to me that she was not qualified as an instructional designer. We also had
>a
>>huge personality conflict. I did not want her to be my manager because I
>did
>>not want her to have salary and fire power over me. I went through proper
>>channels and told the right managers and HR people I was not comfortable
>>with her as my boss. I even had a meeting with her and told her directly
>how
>>I felt. She told me to look at the half-full glass and shut up.
>
>
>It sounds to me that there's a lot your're not telling or a lot you don't
>know that went on long before her promotion. Promotion and retention
involve
>a lot more than meeting deliverables.  Rightly or wrongly, people skills
and
>the relationships we build up at the workplace often affect promotions and
>retention. She knew how to play the game of people (nothing wrong with this
>at all) to her advantage.  More importantly, the higher-ups in the company
>were pleased with her performance and work style, and that went into her
>promotion.  If someone I didn't get along with got promoted into a
>managerial position, and I'd have to report to this person, I'd take that
as
>a SIGN. If I couldn't work with this person effectively,  I'd start looking
>for other work.  It is obvious right here that you and this woman don't get
>along, and any prospect of getting along and working productively together
>is a long shot.
>
>
>>Two weeks after the reorganization, layoff rumors started. I immediately
>>went to one of the company's vice presidents who confirmed the rumors as
>>true. I figured if they'd pick her for management over me, they would let
>me
>>go before her. I have a wife and baby at home and I knew I had to begin
>>looking for other jobs just in case.
>>
>>The next day after the rumors began flying, I went through my file cabinet
>>and threw away old hand-written notes, which were on the file server in
>>electronic form. I also deleted all of my personal files from the file
>>server. If I was to be laid off, then I didn't want somebody standing
there
>>while I sorted through personal things.
>
>
>Wrong, wrong, wrong.  Given that you had confirmation that layoffs were
>coming, you shouldn't have deleted anything.  At most, you should've just
>(quietly) started reorganizing files and materials into "WORK" piles and
>"MISC" piles.
>Personal files are a bit problematic.  Everyone has them, though really,
>we're not supposed to.  In any case, I've never experienced, nor heard of
>anyone gatting any heat during a layoff situation about "personal files"
>being present.  I've never cared about it when I've had to "reduce
staffing"
>(lovely euphamism...). If I was going to be laid off, I'd try to make the
>best of it.  Annotate any files. Leave instructions for folks who were
>taking over for me as to what I was working on, where I was, etc.
>
>>Last Wednesday night, I got a call from a friend of mine who worked there
>>and told me that she had the IT manager in my office looking through my
>>network drive and my local hard drives. She had later searched my office
>>with somebody from HR. I called the same VP who had confirmed the rumors.
>He
>>told me that he was told I maliciously deleted my hard drive. I couldn't
>>believe it.
>
>
>Probably legal, but still bad behavior on their part.  Searching someone's
>office without real evidence of criminal intent isn't a smart business
>practice.  How do they think other workers at the company feel?  I'm sure
>there were lots of folks who decided to surruptitiously clean things up
afte
>rthey heard about this!
>
>
>>The next day I went into work and asked somebody from HR to sit in while I
>>met with my manager. The manager accused me of walking off with company
>>documents and stealing several items that I did not (like software and
>>books). I was told that I can't throw anything away without permission; I
>>answered by saying that they shouldn't put trash cans and white paper
>>recycling bins everywhere then. Each individual accusation was clearly
>>answered and proven wrong. But I was let go anyway under the excuse of
>>corporate restructuring. Eleven of my coworkers were let go a couple of
>>hours later.
>
>
>HR is never the employee's friend.  Never.  Under any circumstances.
>
>>They told me my severance pay depends on my manager determining that I
>>didn't steal anything. I won't know if I get my severance pay until the
end
>>of this month when it will be deposited in my account.
>
>
>May or may not depending on the contract you signed when you started.
Also,
>your state law may offer protections.
>
>>Questions:
>>Do you think I was wrong to throw away notes and old edited documents?
>
>Yes, I do.  See above.  Remember, that legally everything at work belongs
to
>the employer. Old, edited documents are still company property.  If you
>wanted to move them out of your ofice or filespace on a server, you
>should've gone to your manager and asked what the company policy was.
>
>
>>Have any of you had something similar happen, like being accused of
>>stealing?
>
>No.
>
>>Do you think I have legal recourse if I don't receive my severance?
>>Is this a clear case of defamation of character?
>In California, an employer cannot withhold payroll for any reason unless
>there is a court judgement against the employee.  For example, unless my
>company can prove I charged $1000 of book at amazon.com without their
>permission (implicit or explicit), they cannot charge that against my
>paycheck.  Severance is often not seen as 'payroll' however.
>Were you "FIRED" instead of "LAID-OFF"?  The legal implications are
slightly
>different in each case.
>Did your employer inform you of your COBRA rights to benefits after you
>left?  If not, they violated the law.
>
>Defamation of character is tough to prove.  YOU have to prove actual,
>itemized losses.  For example if you interviewed for a job, but lost it
>because the employer reported your situation (stealing) to the prospective
>new employer, you have a case.  In California, an employer can only give
the
>following information as a reference: when you started, when you left.  Job
>title.  Starting/ending salary. Whether you are eligible for rehire.
>Anything else and they can be sued.
>
>I'd advise you to do the following:
>Talk to an employment lawyer to get the correct legal perspective for YOUR
>situation in YOUR jurisdiction.
>Don't obsess, move on.  Karma, though slow as molasses, DOES eventually
take
>care of everything.
>Don't talk your former company down.  Be professional.  It was a "layoff
>across the company" or "A change in focus -- I was hired to do online
>documentation, but it became clear that our audience wasn't ready for that.
>I decided to try and find a position more along those lines." (Then
>elaborate why you think online docs are better'n sliced bread.).  IN NO WAY
>talk about your problems with management.
>
>If you do decide to take the company to court or use legal means, here's
>some more advice
>Wait until the end of the month for your severance.  If you don't get the
>severance, get the lawyer to send a letter.
>File for unemployment. If the company doesn't dispute it, they've tacitly
>agreed that there were no legal grounds to dismiss you. In California, an
>employer can only dispute an unemployment claim if the employee has
>performed an illegal act (theft, harassment, etc.).
>If you are having trouble getting interviews, or if interviews go great but
>you later hear that "we went with someone else" "we liked your skills but
>didn't feel you'd be a fit for our group", you might be getting a bad
>reference.  There are companies you can hire to do reference checks on you,
>and report back word for word what was said.
>
>good luck....
>
>steve arrants
>http://www.compbear.com
>
>

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