I'd like you to resign!!!

[Brett]

THE VERDICT

First of all, you guys have been absolutely fantastic. I have had some excellent advice. Some pertinent, some not however all constructive and helpful.

The PMs with offers of support and KBers willing to put themselves out to help and witness proceedings has been quite touching. I sort of knew how I wanted to play things however my views and confidence changed considerably as a result of such assistance before the meeting.

It was a really tough day yesterday and I am sorry for not posting last night, but I really was shattered and not really fit to put words to paper. I didn’t leave the office until after 7pm. I woke up today with a splitting headache and it has lasted for most of the day.

My preparation was quite interesting as having painted a picture to KBers that I believed to be the case, I was actually wrong. My position was far stronger than I thought. The written documentation says that I was of ‘superhero’ status for Aug/Sep/Oct being awarded Northern Region ‘Best performer’ with case of Champagne in October. I also had a letter dated 14 Dec 2007 stating what a significant contributor I was to the company and how I had an excellent future to look forward to with a promised performance review after the merger in April. So in effect I was relegated from Superhero on 14 Dec, one week before the seasonal break, and then 4 weeks after the start of the new year (14 Jan) actually reclassified as totally useless. All I have actually done in that time is followed the instructions of the person I was told was my new boss; who did not want me to follow the activities my old boss wanted me to. I spoke with my new boss and asked if she had a problem with me and did not want me in her team? She said that she hadn’t had much experience of working with me however she did say that she had no problem with me at all. She was a bit sheepish and it was clear they had been spoken to about their plans to dump me out. She told me that she had to leave it down to my old boss as he technically was still responsible for me until Mar 31. Excellent (not)!

I would say the day went well and I am happy with the result. I saw Rainman at lunchtime (as he only works next door) who gave me an alternative view based upon some highly pertinent experience. I went into battle at 1:30pm well prepared, but alone which is what I wanted for the initial meeting. I recorded the entire meeting and confirmed everything that we had said at the previous days meeting. I then spoke for about 30 minutes stating my case as to why I should stay at the company and what I had to achieved (ups and downs) and what I was looking forward to achieving under the new structure. It was constructive, upbeat, and positive. To get rid of me would be a big mistake and a costly one to the business.

The response I received was one of intransigence and inflexibility. It was illogical and irrational. There was no movement and I was presented with one of two options, as indeed I was yesterday. Option one: 2 months money to go now. Option two: We go to HR and start an uncomfortable process. It was made clear that it would not be a good time, so I suggested that option 2 could be far more uncomfortable for the company, not wanting to play my trump cards at this stage.

So I changed tact and suggested we cut to the chase. You want me to go, I want to stay. You are offering me peanuts to go so you are not going to get what you want unless you up the offer. To cut a much longer story short in explaining the cost of the uncomfortable route and the fact however you try and dress it up, they are being complete bastards (which he knew). I stated that I would like to part on good terms and I don’t understand why he does not want the same. There was then some movement, but not enough, considering my strong position. I then gave him the opportunity to move further and meet me half way to give any easy route out for them and save them a great deal of trouble. He said ‘no’, and I said ‘how do you know’. I left the meeting not accepting the ‘no’ saying let me know. He left the meeting saying I’ll get back to you in 2 hours. 15 minutes later I got the nod that we were OK. A good result with no threats, loss of tempers, or having to work the most uncomfortable six weeks of my life. It would have been uncomfortable regardless of this situation and being able to get my surgery with a reasonable healing time is priceless to me. I know that if I was still working there I would have done too much too quickly (self pressure).

Of course if we had gone for the HR/legal route there was no way I would have worked those six weeks. I had 20 sick days accrued and would probably not return after my knee surgery. The legally represented route would have been the one I would have taken and with confidence of having a very strong case. I have friends who are unemployable as a result of suing every employer they leave and this is something I would like to avoid in such an incestuous and small NZ IT industry. Everyone knows everyone and I have now parted on good terms. The main victory for me was getting someone totally immovable to move. Also the fact that he thrives on causing distress and bullying employees caused him frustration because I wouldn’t react. It was one of my better performances (and they are quite rare), which was mainly down to confidence in my own position. I admit after one or two of the more idiotic moments I had to send myself to my ‘happy place’ and then quickly back to continue, but I was cool as a cucumber.

After the meeting I went and saw HR and discussed being kicked out in this way. They have showed concern that I might sue their arses off. I have said that this is unlikely so long as they honour what has been agreed. To sue them is not my style and I am quite content with my new bike (oops – I mean settlement). I have received excellent support from colleagues and friends at work and this has been a highly demotivational to other staff who now feel under threat. I get on pretty well with most people and why some managers fail to understand that shitting in your own back yard is not productive or good for staff moral, is beyond me.

So me and my ex-boss are bosom buddies and all smiles (if you can call it that). He has even stumped up same cash for a leaving lunch (no thanks – I’d choke).

Ideally for me, I would like to stay off work until April or May (to give me a chance to run in my new bike), but unfortunately I already have 2 interviews

Thanks again guys. I will let you know if they don’t do as agreed. Some of those contacts I received were excellent.

BLOODY WELL DONE MATE!!

[Sollyboy]

The guy is full of shit!

Take the HR option.

(34 characters)

Some dodgy employers out there

[k14]

Can't afford undies.

Happily Unemployed now.

Make sure you sign up for the freebies from helen think its a 8 week stand down after a "voluntarily" resignation though.

[Beemer]

Bloody good result! Sounds very much like a job I had in the early 1990s. I had been top sales rep for this company for several months and always met my sales targets. My immediate boss left and his position was taken over by the marketing manager, who no one liked. Two staff left immediately rather than work with him, and he made another one's life so miserable she resigned. He was in Auckland and I was in Wellington, along with five or six other sales staff, so I thought I'd be okay. Wrong! I had been in hospital with a cancer scare (thankfully not as serious as first thought) so was a bit behind with my sales figures for that month. He turned up for a meeting and told me that I had a week to achieve 100% of my target or I would be dismissed. I was stunned, so I pointed out that I had been doing really well up until that month and explained that I had been ill and under some stress during the past few weeks. He wasn't keen to budge, but said okay, he would reduce my target to 90% of budget, but the same applied - if I didn't meet it, I would be fired. I got to 89% of budget for the month and was told to leave immediately, with no severance pay, only what I was owed for working up until that day! I had taken my father with me for support and he was told to keep his mouth shut during the meeting. I had never been fired before and was really upset, so I contacted an employment lawyer about it and he took on my case. My boss told me I would get nowhere, but thankfully the case went in my favour and I was awarded a significant amount of money. It hadn't helped his case that they had not replaced me and instead had given some of my territory to each of the other reps, plus when another rep had left, they were not replaced either, so it was obvious they just wanted to reduce staff without paying redundancy. He also got into trouble for trying to get the receptionist to back up his claims that I had not been following his instructions - she was heavily pregnant at the time and he used to jokingly refer to her as "pregnancy brain" because she'd get half-way up the stairs and forget if she was going up or down! I told the guy hearing the case what he called her and that was when I knew I had won because he turned and glared at my boss and said "did you call her that?" He tried to get out of it by saying it was only a joke but the guy said "I asked if you called her that, DID YOU?" and when he said yes, she said "that is appalling, I never want to hear that expression again, do you understand?" I had to share a lift down with them so I turned to my lawyer and said "fancy a drink to celebrate?" It was a great relief because I had done a great job for them but he didn't like certain members of the team and wanted to replace them with his favourites.

[Kelem]

Had a similar thing - it sucks big time - pleased you got an outcome

[rainman]

...however it has since transpired from further conversations that it was a much higher level decision from Sydney.

Ah, so more to come then... it's seldom a individually targeted strike if it comes from foreign shores. (Unless you've been a really bad boy).

Thanks guys, the beers are on me

What a generous unemployed person you are! Meeting Room G? Just say when!

[geoffm]

Spread the word in the company - there are going to be other casualties and there is nothign like a poorly handled constructive dismissal to nail morale and get everyone reading the sits vac section seriously.
If it has really come from Australia, then no doubt, there will be more blood in the water. Your now ex boss could be one of those. He got off lightly, but it will be interesting to see if there is any long term fallout if higher up has a word with HR how they just dodged the bullet.
I had a similar thing in my first job, but more subtle and I was green and naive and left without a fight. I was ready to go anyway.
G

[YellowDog]

Just got back in from some musical throat cutting (Sweeny Todd).

A bit like working at said firm.

I suspect and hope that I was the sacrificial lamb.

It now transpires that there was an unexpected loss announced for one of the divisions and they thought they would address it by reducing their income (my short term business) and paying additional funds to get rid of me.

All perfectly logical.

[Skyryder]

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.

Nope wrong. Chances you will not be able to use the information in law as the person was unaware of being recorded. Do what I once did. If the going gets rough pull out the recorder turn on the record button and state date time and who is present at the meeting including yourself. Nothing else let the boss make the next move. Chances are you will be asked to turn of the device do not not under any circumstances do so and the meeting will in all likelehood be concluded. The trick here is that you have stated date time and who is present and your boss has asked you to turn off the device and you not doing so and if the meeting is concluded there may come a time when his/her reluctance will be used to your advantage.

Don't try and be sneaky by doing what I have suggested it makes you boss look sneaky and that he has something to hide. This is easier said than done but what have you got to lose..........only your job and that seems to be gone as it is. Don't try and be too smart......only smarter than you boss.

Skyryder


Seems this is a bit late. Anyway will keep it up for future reference.

Good luck etc.

[Skyryder]

You should be able to legally record any conversation you have with this person as you are a party to the conversation. I can legally record interviews over the phone without telling the other person because I am also taking part in the conversation - if I were taping it on behalf of someone else, that is illegal.

Nothing to stop you taping law says that without that persons knowledge you can not use it in a court of law. These are civil matters and not criminal. Different set of rules.

skyryder