So, I was advised to find a new job before I am terminated. My manager also emphasized that the company can't wait for too long. After 4 weeks of looking I can't find a new job. I've been working for 10 years now, without a termination. I recently asked if the company would consider laying me off instead, so that I could apply for unemployment benefits. As it turns out, however, my company doesn't have the policy for conducting lay offs, chooses to terminate me.
What should I do? Thanks In Advance.
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Dear Almost Terminated,
A layoff may be the easy way out for you, but it may expose your company to a lawsuit.
Managers who want to avoid the confrontation associated with progressive discipline and termination often look to the path of least resistance--a no-fault layoff. Keep in mind that a layoff involves eliminating positions, not people. In other words, your company's written records must reflect that your position is being eliminated because of a lack of work or other financial constraints, and the individual who currently fills that position [YOU] will be affected because there's no longer a job to which to report. I guess your employer is trying to lead you into leaving on your own.
Managing employee performance problems via progressive discipline is a better approach. It holds employees accountable for their actions, establishes a performance improvement plan that actively involves the company in the employee's rehabilitation and creates a defensible written record to demonstrate workplace due process. So, has your company attempted to identify or address your performance problems via progressive discipline? If your employer didn't, this gives you 'Almost Terminated', a legal venue to request formal performance review, and develop a solid plan to bridge these gaps.
I am currently a employee of a "no fault" company. I began my job in May of 2008. Before I was hired I informed the Human Resources department that I was five months pregnant. This was my first child and it was a difficult pregnancy being that my ovaries had cysts and I was told I would never have children. Because I had not been at the company for over a year I was granted no FMLA or leniency even though each time I went to the doctor I brought documentation as to why I was there. I had my child November 3, 2008. I also did not qualify for paid maternity leave so I used every sick time hour, personal day and vacation to try to have some sort of money to pay the bills when I was out. Additionally the company tried to pressure me into only taking four weeks of maternity leave as opposed to the normal six weeks. After returning to work I contracted bronchitis, by this time it was May 2009 so I qualified for FMLA. At my company you are also required to meet a "score card"; these are based on attendance, quality (QA on calls), sales and adherence (going and coming from breaks at your recommended time.) In June I was out from 6/2-6/9 for bronchitis and again from6/15- 6/20. Being I was not in the office to meet a sales goal or adherence nor quality of my calls I was given a 1.2 and goal is 3 or above. I was never informed of the score cards which supervisors generally ask you to sign. I was not coached as to what my inadequacies and strenghts were. I had no knowledge of the score cards at all. The same event happened in July. I was brought into the managers office and told that he personally took the initiative to go to Human Resources to ask that I be put on a final written. They asked me to sign the paper as though I knew or was told that my performance was not up to par. When I informed the manager that I was not made aware of the scorecards he instructed me that I had the right to request these documents at anytime by my supervisor. I informed him that when we received our supervisor, she immediately went on a two week vacation and came back to work for a few weeks and then subsequently quit. Between her not being available for me to go over these scorecards and me being out due to a ongoing health issue I had no idea that the scorecards even existed at all. I informed my manager that since I had been out on FMLA there was not a way that I could meet the goals they had set. He informed me that FMLA covered my absences but that regardless if I missed a full month for FMLA I could still be held responsible for the scorecard to reflect the goals that had been set. I am a single mother receiving no child support and can not afford to loose my job. I feel that I am being unjustly targeted and threatened that I will be terminated. I already have an additional appointment for the doctor since they suspect cervical cancer. If it is indeed cancer it comes down to either receiving the proper treatment or going to work everyday to meet these goals. The vice president quoted that "as long as you don't lie, cheat or steal" you will have a job with this company. I was put on a written warning in the middle of August and told that if my scorecard did not come up by this month it would lead to termination. I have already missed part of this month due to biopsy's and infections and this company has made it impossible for me to meet these goals. Unfortunately there is quite a bit of biased in this "good old boy network". While some employees struggle to make sure that they keep their job; there are other employees that miss much more time yet management will buy them air conditioners for their home and in one incident fraternize with agent in a sexual manner who has missed quite a lot of time yet that manager ensures she does not have any corrective actions against them. I have documentation for my FMLA showing that it was approved and should not have effected my scorecard. In addition I was never shown nor had I signed the June and July scorecards.Is there something that can be done? Is this against any laws or statutes?
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