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The bad news is you're not being laid off

  1. Nov 16, 2009 #1

    Evo

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    So, my company, has to downsize again. We had a meeting today, expecting to be given the option to take a voluntary layoff, which is a package that would include 6 months of pay and benefits, minimum, or stay and risk firing.

    NOPE.

    They told us that instead of offering us a lay off package, where we might have some chance of having enough money and benefits to hold us over until we can find another job, they are, instead, doubling our quotas so that no one will be able to meet them and be fired. Our director was actually laughing as he said, so no one is at risk of being laid off (and getting a compensation package), your risk is of being fired, (without compensation), if you do not meet the new doubled quotas.

    YAY!!
     
    Last edited: Nov 17, 2009
  2. jcsd
  3. Nov 16, 2009 #2

    turbo

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    I am so glad that I don't own stock in your lame company! With a 2-person sales department, I made over $1.25M/yr net profit for the owner for 3 years running, and he claimed that he had to slash my pay by 1/2 and give the money to his sister (my admin asst.) because she had to "work so much harder" when I wasn't on-site. When I took that job, the division was wimpy. After a couple of years, it dwarfed the income of all the other three other divisions combined. It took a lot of personal attention and frequent contacts with older and/or eccentric collectors to make that work. I hope his new employees don't figure that out, so he will plunge back to the depths of the <10% market share very soon.
     
  4. Nov 16, 2009 #3
    Man, that really steams me and I wish you the best of luck. I don't suppose there is any legal recourse in a situation like that.
     
  5. Nov 16, 2009 #4

    Evo

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    This is actually the second quota doubling since January of this year. Two weeks ago, they made us sign a document agreeing that we could not work more than 8 hours a day, or we would be fired, and not reporting time worked would result in firing. So working enough hours to make the increased quota, even if you do it on your own time, will result in being fired.

    In order to meet the first quota doubling, many of us chose to work unpaid hours to complete the new requirement of quadrupled reports and still produce the amount of increased results they required.
     
  6. Nov 16, 2009 #5

    Evo

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    I think they may be facing a lawsuit, the amount of work they are requiring absolutely cannot be done within the constraints of a 40 hour week.
     
  7. Nov 16, 2009 #6

    lisab

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    Oh no, this is just awful :cry:! I feel so bad for you.

    There must be legal recourse for you...perhaps you can pool with your coworkers to get legal advice?
     
  8. Nov 16, 2009 #7
    Just wondering what exactly is your job Evo?

    This seems extremely unfair and I hope the big fat hammer of justice comes swinging down on this company.
     
  9. Nov 16, 2009 #8

    Moonbear

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    So you might have legal recourse if they've basically created conflicting policies that don't allow you to adhere to either one. Someone should have recorded the meeting so you could prove they were just trying to do an end-run around the law. You should spread the word to everyone in the office to start documenting all unpaid hours worked so that if anyone makes that doubled quota, everyone else can show it required working unpaid hours when you sue the company for a severance package and lost benefits.

    In these economic times, that's entirely unacceptable to deprive people of the lay-off benefits they would be entitled to when they know they have to lay off people. And, with that sort of bad management, they DESERVE to shut down (but the employees don't deserve to be left cold on the street).

    Sounds like it's time to whip together your resume and see what else is out there. I wouldn't even give them the courtesy of two-weeks' notice if you find something, just go in on payday, collect your paycheck, and tell them "The good news is, you can fire one less person, I won't be back."

    Good luck!!!
     
  10. Nov 16, 2009 #9

    Dembadon

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    I don't think you guys would have much trouble convincing a judge that this is absolutely ludicrous. In this economy, I'm willing to bet that a judge / jury would rule in your favor without batting an eye.

    I'd even go out on a limb to say that they could be violating some labor law(s) with their outrageous requirements.

    This is pure speculation on my part, but I don't think that a judge would look very kindly on a company that bullies it's employees like this, especially with the economy being as poor as it is.
     
  11. Nov 16, 2009 #10

    Dembadon

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    I second this.
     
  12. Nov 16, 2009 #11
    Do you guys not have an equivilant of constructive dismissal?
     
  13. Nov 16, 2009 #12
    I certainly hope it works out to the benefit of you and your fellow co-workers. I've worked for a company that has pulled the same type of crap and I know how you feel.
     
  14. Nov 16, 2009 #13

    Dembadon

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  15. Nov 16, 2009 #14

    sas3

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    That really sucks, The company where I have worked for over 20 years is going through an outsourcing deal right now only they are calling it an optimization, as if that will change the meaning.
    It’s all about the money for these companies.
    How long have you worked there EVO?

    Any lawyers on this site?
     
  16. Nov 16, 2009 #15
    I third this. Evo's situation absolutely falls within these parametres. Does the US have any equivalent to it?
     
  17. Nov 16, 2009 #16

    turbo

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    Almost all employment in the US is construed as "at-will" and your employment can be terminated at any time with any or no cause.
     
  18. Nov 16, 2009 #17

    Moonbear

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    I can't find anything like that, nor have I heard anything like that in the US before. I don't think there's any law protecting you if you get fed up and leave before you get fired.

    On the other hand, not paying people for working more than 40 hours a week when they do in fact need to work additional hours to complete their job responsibilities IS a clear violation of US labor laws. Your employee contract cannot waive federal labor law rights, or it is an invalid contract.
     
  19. Nov 17, 2009 #18
    This is true. You are not allowed to sign off on any given labour law rights ever. If I were you I would contact whichever board in your area takes care of labour laws and tell them the situation. It normally takes a little bit of time (here in Canada it takes 6-8 weeks) but in your case I think it would be well worth the time. Not only will you possibly be protecting your lay off benefits you should also receieve some sort of compensation for hours worked but not paid for.
     
  20. Nov 17, 2009 #19
    I know quite a few companies where you cannot work more than 40 hours. But, I am not sure how much workload is required.
     
  21. Nov 17, 2009 #20

    Math Is Hard

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    Evo, there's always a position for you in Bora Bora with my future Kayak rental agency.

    I'm pretty scared here, too. Sent out another resume just a little while ago. Our organization just hired a receptionist with a master's degree. geez! I don't know how I can compete out there. I'm probably up against MBAs and PhDs.
     
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