I need advice. I posted a few months back that I knew I was going to get fired. My boss stated that I did not fit within the long-term plan of the company and we “needed to discuss my exit strategy.” However, he went on to say that I did my role in a satisfactory manner, but again, LT - I did not fit. BUT I had until 9/30 (flex) to find a new job. My company is trying to cheat me out of my profit share. Under the agreement if you get fired you get paid out even if you are not 100% vested. I asked my boss about the payout and he said I get ZERO. I think he is trying to game the system by saying that I left versus getting fired. In my mind thats being fired even if I do go to a new gig. I have begun to document everything and am going to obtain back-up from HR by getting the policy in writing. I don’t want to blow the lid on it because looking for a job while not having one can be difficult to explain so I am biding my time until I get a new one. I don’t want to resort to litigating but it looks like it may be a viable option. I am first going to mention that I have obtained legal advice and that I was informed that I am owed the $ and will exploit the means to get it if need be. I know they don’t want to litigate because that’s just bad PR for the firm. I don’t want anything more than I am owed - I just want to be paid fairly for my service. Any advice is greatly appreciated. Thanks.
Go quietly into the night with your tail between your legs.
farley013 Wrote: ------------------------------------------------------- > Go quietly into the night with your tail between > your legs. I would suggest outside counsel. Even if you don’t hire a lawyer, retain one so you can display your firepower when needed. If management is really being this slimey, it may turn into an ugly battle to get what’s rightfully yours. Sorry to hear about this unfortunate situation.
AK-47
Are you in the greater Toronto area of Ontario, Canada Value? Willy
Thank your boss for giving you the opportunity to work for him and then apologize for not doing a better job before graciously exiting with your head bowed.
Easy. Don’t leave until you find a new job. The only way they can make you leave is to fire you and pay you your bonus. Or… try to fit in with the long term plan so they will keep you.
farley, any particular reason for your sarcasm-coated advice? Does it make you feel more important or bigger?
In all future interviews, you will need to explain why you left your prior job. The best route is to be positive about the experience. Any decision that you make now will impact how you come across in your future interviews. Assuming you are totally honest. In the long run, you might be better off by leaving on your own terms and getting references from your current employer. I am not sure how much money your profit share represents and how important is that amount to your current life situation. I have to say that giving you until 9/30 to find another job and leave sounds like a pretty good deal. It sounds better than I just got fired and I do not have references from my prior job. These are clear red flags in an interview. Is your profit share right now more than whatever salary you would be making until 9/30? Tough situation. Good luck.
If I understand correctly, you dont have any litigation yet…at least not until you are screwed out of anything (as opposed to being told you will be screwed out of something). I think yeah, maybe he is trying to get you to leave, but I dont know if there is anything you can win to make it worth it. Why not stay until you get fired but towards 9/30 have something lined up…try to time it. Just a thought. Or negotiate a settlement…
I would look at it from this perspective: Your boss is basically trying to save a fair amount of money (I presume) at your expense. If you do him that favor and walk away without the money you honestly earned, how are you going to think bout this whole situation? Will you feel like a jackass who was bullied by a boss who would probably laugh about his “success” still 10 years later? Or would you feel better, if you go to him, look him straight in the eye and say: I see, I have no future in this company. So thanks for giving me the advice for looking for a new job. Of course, I will do my best to find employment elsewhere, but I do not intend to leave the money I earned over the last 12 months on the table when I leave. I am sure, as a homo oeconomicus you will understand. Thanks for the conversation. … After that, I would leave the yellow pages with the huge lawyer ads open on my desk (circle a few numbers from the BIG law firms with a pen). Also, your business life doesn’t end with a bad recommendation. Your situation is probably not too unusual nowadays and as long as you can still look into the mirror, you will also be able to sell yourself to other employers.
It would be a stupidity to not get your carried interest if it’s due under the terms of the contract.
Daddy-Bear Wrote: ------------------------------------------------------- > I would look at it from this perspective: Your > boss is basically trying to save a fair amount of > money (I presume) at your expense. If you do him > that favor and walk away without the money you > honestly earned, how are you going to think bout > this whole situation? Will you feel like a jackass > who was bullied by a boss who would probably laugh > about his “success” still 10 years later? Or would > you feel better, if you go to him, look him > straight in the eye and say: I see, I have no > future in this company. So thanks for giving me > the advice for looking for a new job. Of course, I > will do my best to find employment elsewhere, but > I do not intend to leave the money I earned over > the last 12 months on the table when I leave. I am > sure, as a homo oeconomicus you will understand. > Thanks for the conversation. … After that, I > would leave the yellow pages with the huge lawyer > ads open on my desk (circle a few numbers from the > BIG law firms with a pen). > > Also, your business life doesn’t end with a bad > recommendation. Your situation is probably not too > unusual nowadays and as long as you can still look > into the mirror, you will also be able to sell > yourself to other employers. That’s the route I was going (minus the whole yellow pages bit. Guys thanks for the great responses. No I am not in the Toronto area - NYC VirginCFAhooker: I think my bosses action did constitute a firing. The only reason they gave me a deadline is that they don’t want to pay me out what I am owed. So its a withholding based on a technicality. If someone says the words “things aren’t working out” & “exit strategy”, I think that event was the firing. The $ is a substantial amount to me in my current life situation and definitely worth more than I am getting paid between now and 9/30. I’d say if I got paid out it would represent a 20% boost to my next worth. AlexP: I don’t need their recommendation or references. I could live without them. I thought they were slimy enough before this entire ordeal - so not the kind of people I want vouching for my character.
ValueAddict Wrote: ------------------------------------------------------- > Daddy-Bear Wrote: > -------------------------------------------------- > ----- > > I would look at it from this perspective: Your > > boss is basically trying to save a fair amount > of > > money (I presume) at your expense. If you do > him > > that favor and walk away without the money you > > honestly earned, how are you going to think > bout > > this whole situation? Will you feel like a > jackass > > who was bullied by a boss who would probably > laugh > > about his “success” still 10 years later? Or > would > > you feel better, if you go to him, look him > > straight in the eye and say: I see, I have no > > future in this company. So thanks for giving me > > the advice for looking for a new job. Of course, > I > > will do my best to find employment elsewhere, > but > > I do not intend to leave the money I earned > over > > the last 12 months on the table when I leave. I > am > > sure, as a homo oeconomicus you will > understand. > > Thanks for the conversation. … After that, I > > would leave the yellow pages with the huge > lawyer > > ads open on my desk (circle a few numbers from > the > > BIG law firms with a pen). > > > > Also, your business life doesn’t end with a bad > > recommendation. Your situation is probably not > too > > unusual nowadays and as long as you can still > look > > into the mirror, you will also be able to sell > > yourself to other employers. > > That’s the route I was going (minus the whole > yellow pages bit. Guys thanks for the great > responses. > > No I am not in the Toronto area - NYC > > VirginCFAhooker: I think my bosses action did > constitute a firing. The only reason they gave me > a deadline is that they don’t want to pay me out > what I am owed. So its a withholding based on a > technicality. If someone says the words “things > aren’t working out” & “exit strategy”, I think > that event was the firing. > > The $ is a substantial amount to me in my current > life situation and definitely worth more than I am > getting paid between now and 9/30. I’d say if I > got paid out it would represent a 20% boost to my > next worth. > > AlexP: I don’t need their recommendation or > references. I could live without them. I thought > they were slimy enough before this entire ordeal - > so not the kind of people I want vouching for my > character. As you do not need their reference, the suggestion is very similar to the others, stay and fight for every dim that is yours. If you leave, then you will fall into his trap. I am pretty sure that this can be considered as unfair dismisal, if they fire for the basic reason of not fitting into their long term plan.
Agreed with Daddy-Bear, except spend minimal time explaining yourself to those guys - you owe them no explanation for your actions, just do what you gotta do. You don’t have to justify yourself to those clowns
In view of the details you gave, go for the jugular. Keep working until 9/30 and have them walk you out. Don’t say anything about leaving by 9/30. If they mention it, stay non-committal. But keep it very professional and civil and document every little bit. Also, the time to talk to a lawyer is now.
Thanks once again guys. I’ll post the outcome when its resolved. Hopefully a good one.
Florida_Gator Wrote: ------------------------------------------------------- > AK-47 You must have been on the UF football team.
If you are going the litigation route, make sure you have a really good 2 minute explanation of how you left your last job. Nobody wants to hire somebody that sued their last employer. The questions will come up, you need to come across extremely credible. Read any book or website about searching for jobs and interview techniques, anything negative coming from you about your last employer is a red flag. This is just my perspective. Good luck Alex