I'd like you to resign!!!

[rainman]

Ferkin hell mate, I'd heard things weren't so cool around the corner there but I had no idea things were quite that crap. The advice above is all good - lawyer up and screw the bastards for all you can. I get quite pissy about this sort of thing - it's actually reasonably easy to do the decent thing when a company and an employee need to part ways (can be for a variety of reasons) but it involves common decency and fair play, none of which has been displayed above from what you've said.

If I understand things correctly they need to give you reasonable (three days?) formal notice of a meeting to discuss matters which may affect your employment, so you may be able to move for a delay while you get a good lawyer in place. I know an absolutely evil employment lawyer (a good attribute, trust me), who will have 'em on their knees in no time. I'll find her details and PM you. A bit pricey, but worth it. And one other thing - keep your cool and don't say anything in the heat of the moment. You're entitled, by common law, which is bigger than your dickhead boss' ego, to a fair process and treatment. Breathe deeply, smile, take the Prozac, whatever it takes to keep an even keel. Even when it gets a bit dark in the tunnel... remember there is a light at the end. Been there, done that!

If you wanna catch up for a coffee tomorrow just let me know - I have a gap towards the middle of the day - we can heard down to Meeting Room C (maybe it should be G given the circumstances?)

[Brett]

Ask the twat if he even knows what the employment act is and if he knows even the tiniest about it. Then tell the prick he is breaching it, unless you have done something that your contract clearly states you can be instantly dismissed for!
Hold on, take your time to leave so that you can make sure that you are covered and have a new job lined up. And tell him exactly what you think of his excellent people skills.

[YellowDog]

What is your employment status i.e. Are you a contractor,temporary,casual or permanent employee?

Either way you need to refer to what ever contract is in place to see what that says. Obviously if you are contractor you may be on a weeks notice...

However if you are a permanent...
You're first priority is to defer tomorrows meeting and refer to your employment agreement. Do you have one? If so refer to those sections under termination clause and process for handling employee disputes. It should state quite clearly what your rights are and what the process is. If not - they are in breech of the Employment Relations Act - this is legislation ie law to protect employees.

Secondly - send an email to your manager saying that you need time to view your contract and that you believe that what he has done is out of line and a possible breach of the terms and conditions of your employment - specifically there has been no consultation, no reason for what appears to be constructive dismissal and that you may be seeking legal advice.

Good luck

Yes, I do have an employment contract and I have been employed for more than 12 months. 30 day termination.

A will forward him my contratulatory emails from the CEO, CFO and also from him.

Hopefully he will want to play ball and pay me to resign.

We all have our price. Mine is more than 2 months.

Whoever said the take a new bike for a Freeeedom Road test was close to what I would like to do.

[Nasty]

We all have our price. Mine is more than 2 months.

Sounds cheap to me .. I walked away with in excess of $14k for a low level role ... so you should take the time to investigate properly .. and not decided right this second - speak to an employment lawyer first.

[MadDuck]

Yes, I do have an employment contract and I have been employed for more than 12 months. 30 day termination.

A will forward him my contratulatory emails from the CEO, CFO and also from him.

Hopefully he will want to play ball and pay me to resign.

We all have our price. Mine is more than 2 months.

Whoever said the take a new bike for a Freeeedom Road test was close to what I would like to do.

Hmm boss wants me to resign. Raises a question in my mind. 2 months pay FORGET IT! wont happen

[Ixion]

This is where you find out how useful a union could be .

Do not agree to resign, unless there is some BadShit they can pin on you. But if it was "a bolt out of the blue", then your boss is now up Shit Creek, trying to paddle with his dick.

What Mr Oakie said, and Mr Riffer. Just one point to add to the latter. They MUST give you reasons for dismissal at the time. And you are entitled, after dismissal , to ask for a written statement of why. If the reasons before , and those after, do not agree, woo hoo.

At the meeting, tactic is what Mr Oakie said. "I was very surprised yesterday when you said things were not working out, and that you want me to resign immediately, because you have not mentioned any concerns before this. Could you elaborate on what isn't working out, and what you think I might do to resolve that?"

Either way, he's stuffed. If he brings up performance issues, he hasn't (I presume) raised them in the past. So, bringing them up now, all he can do is start a performance review and coaching process. If he tries "personality clashes " or something, then he's in even deeper doo-doos. And by trying to push immediate resignation on you he has irretrievably buggered his case procedurally.

When HR do get involved, they're going to KILL him.

As said by all, talk to a lawyer. If it does get nasty, and you feel you can't take it, you'll almost certainly have a water tight case for constructive dismissal. And lots of $$$.

All this is assuming that there is no 'history', that it was indeed a 'bolt out of the blue'

If I were still a union delegate , and taking this to the Tribunal, I'd be asking for a redundancy package of at least 6 + 3 (or 12 + 2, whichever worked best for you) , full notice period, continuation of sick leave and medical insurance , meaningful assistance in looking for a new job (use of office , phone etc), a clean reference, and , say, $50000 in damages. Wouldn't expect to get quite that, but a good bit of it.

Or, the whole thing goes away, you stay and await the new boss.

Which is another option that as delegate I'd explore. Arguing that it IS a personality thing, and suggesting a secondment for a couple of months to another department or similar. Until the new boss arrives. Who may have other ideas. Don't know how practical that is in your situation, of course.

Also, where does your boss stand in the pecking chain? In cases like this I'd often try to have the matter taken before the boss's boss.

[rainman]

Take a dictaphone in your pocket dont tell them till the end of the meeting ,let them put their foot in it ,then screw them over.If there is a settlement it will be alot bigger after they know you have recorded the meeting.

Not absolutely sure but a recording without prior consent may be relatively useless legally. (Still valuable to have a personal record though - most cellphones can do a decent job of this too).

YellowDog, don't negotiate without your lawyer present! 3 or 4 months equivalent pay would be a fairly standard settlement, but think of the other people this bastard will fuck over unless someone gives him the learn. Consider it a public service, raising the management IQ....

[rainman]

If I were still a union delegate , and taking this to the Tribunal, I'd be asking for a redundancy package of at least 6 + 3 (or 12 + 2, whichever worked best for you) , full notice period, continuation of sick leave and medical insurance , meaningful assistance in looking for a new job (use of office , phone etc), a clean reference, and , say, $50000 in damages. Wouldn't expect to get quite that, but a good bit of it.

Wow! Can I join your union?

[Ixion]

Amazingly enough, the last email he sent me before Christmas was to tell me what a great job I was doing - Pityful.

He's toast. Can't even argue performance.

[YellowDog]

Fuckme - I thought Dover had left the country now I find that you're working for him

Seriously though - have you had any written or verbal warnings before this shitfight happened?

Not a word or a warning.

Of course, I am not being fired.

I am simply being asked if I would like to resign.

My answer is:
4 months = Yes
3 months = Maybe
2 months = No
1 month = No.

Whilst I haven't officially notified my employer of my impending knee surgery, I have alreday discussed this with HR (unofficially) and I am sure I will have email records too.

[Ixion]

Wow! Can I join your union?

Ironically, where there is stroing union presence, this sort of shit seldom happens. Because employers know that they'll pay and pay and pay if they stuff it up.

Where termination of employment is justifed, it's not hard to do it properly. This is about as far from "properly" as y' can get. Cases as bad as this seldom actually get to court, because the employers lawyer will tell him straight that he doesn't stand a chance. Settlement out of court.

Drug and Chemical Workers, BTW.

[geoffm]

Take a (hidden) tape recorder with you, get it all on tape, and get him to repeat what he said. A witness would be good, but it might put him off. Then start shopping for a new bike, you will soon have lots of cash...
Get a lawyer, they can't do this. Have a look at your employment contract - by law you have to have one and the courts don't look and the lack of one with favour.
The short answer is through HR - unless you are going to get heaps of moeny as a golden parachute.

[MadDuck]

This is where you find out how useful a union could be .

Yay ...knew you would show eventually ...Bring back the union..ring back stop work meetings...bring back lock outs...damm anyone that works hard and sack all the niggers...you got a hat Mr Ixiom?

Times have changed ...Labour gummit says so. We have employments laws that work if you dont jump on some idiot band wagon and make them work for you

[T.W.R]

Have a nosy around here if you need more info

http://www.ers.dol.govt.nz/

[geoffm]

Keep that email on your positive performacen, along with any other reviews. That is your reply if they say you are useless,e tc
Geoff