Veteral gal with a question

Discussion in 'Industry Veterans' started by Anonymous, Nov 16, 2012 at 5:40 PM.

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  1. Anonymous

    Anonymous Guest

    Hey ya'll.

    12 year vet here. In trouble with my current company (not performance or compliance related) so I have found a new position and I'm grateful it's actually a MUCH better job.

    However, the training does not start until after the first of the year and I am starting to worry that I actually could be terminated before then. I know the "new" company is in the process of completing the background check but no idea of when it will be complete. Also, we all know crazy things happen and the new company could hit a 'hiring freeze' or some product approval delay that could affect my offer/position. It's really not my job until I start on the first day.

    My question is - should I keep gutting it out in my current job no matter what, and if they fire me...so be it? Or, should I leave on somewhat amicable terms the first week of December - leaving myself without pay over the holidays?

    Serious replies only please.

    Thanks.
     

  2. Anonymous

    Anonymous Guest

    Couple of things-

    1. Why don't you know how long the background check should take? Has the company not given you any sort of timeline? As I'm sure you know, these things usually take a week or two-how long has it been? Is there any chance, at all, you won't pass it? Is an offer on the table already and just contingent on the background check or do you not have a formal offer?

    2. Is your start date not until the first day of training? Is there not any home based activity you can be working on with the new job prior to "official" training? Can you move your start date up is what I'm getting at....

    3. Personally, I wouldn't risk getting fired and then having the whole "not eligible for rehire" thing come back and bite you in the ass. If the company wants to get rid of you, they will. Better to put in your two week notice on your own terms. Do it the Monday after Thanksgiving and be done. If they owe you vacation time pay, even better.

    Just my 2 cents...
     
  3. Anonymous

    Anonymous Guest

    A background check only take a couple days. Odds are that they will have completed the background check before you are let go. If you are approached by your HR to cut you loose, tell them that you are moving to a new job and want to stay on until the end of the year. In return, you will agree to sign a release and not pursue a wrongful termination claim.
     
  4. Anonymous

    Anonymous Guest

    I would want to know what the other poster asked: Have you already had your drug test? Did you sign an offer or did they just TELL you they are running a background check? If you have a DUI or driving problem, you probably will not get the new job. Without something in writing that YOU really are their choice, you don't have anything. I have seen companies say this to a number of candidates and then nothing. Can you push up the background check and formal offer letter? You could tell them that you have another offer on the table and really want their job to facilitate a faster hire. I have seen that done before. Why do you think you are going to be terminated on bad terms? The only really bad terms are expense issues, sample issues, compliance, or insubordination. If it is any of these they can tell your new employer and screw you over for the new job! However, if it is just b/c a boss hates you or your goals suck, get an employment attorney and do not leave without a package. That can be arranged as well. Companies really do not want any problems and often are willing to negotiate with an employee they want gone. I don't know if you built up a case regarding your situation. I know of individuals that have shown their performance was fine for many, many years until XYZ and now they are looking at being terminated. A good attorney can help you walk with a package and leave on good terms.
     
  5. Anonymous

    Anonymous Guest

    OP here, a couple of answers:

    1) I have a formal offer package, which I have signed & returned mid-week this past week. Did the drug test last Tuesday the 13th (no worries there) and other then a speeding ticket, my driving record is clean. I am not worried about passing the background check - I have good credit, no criminal record, etc. But I want to be 100% sure it's done and I'm in the clear before even considering giving notice.

    2) For the background check, future employer has been contacting my former employers (one of my old bosses called me and confirmed he had been contacted) so I have to believe they are well into the background check. The reason I don't know how long it takes...the hiring manager gave no timeline. Probably didn't think it mattered since my start date was a few months away.

    3) The reason I believe I am going to be 'terminated' - without being really specific - is one of the VERY high ups in my company saw me in a bizarre one-in-a-million situation that caused him to believe I was getting ready to leave the company. (He was wrong.) I explained my side, they didn't believe me and since that time they have been pulling all kinds of micromanagement techniques to drive me out the door. (I can't give a ton more detail w/o risking identifying myself.) Trust me, if I quit, there will be no chance of rehire.

    4) Not sure if I would have any grounds for a wrongful term claim - as I am not in a protected class (over 40, disability, etc.)

    Thanks for all your help...
     
  6. Anonymous

    Anonymous Guest

    Here is what you need to do. Go to HR. Tell them that you believe people are harassing you and trying to force you out. They company then will be very careful as to how they handle you. As you get closer to taking the new role with the next company, your current employer might give you a package to leave. This could really be a winning situation for you. If they approach you with the package, negotiate the end date. Tell them you need the date so that you can spend time looking for another job and in return, you will sign a release.
     
  7. Anonymous

    Anonymous Guest

    OP here. Thanks for all the feedback. I think I am just going to gut it out for another week or two and then resign. I wish I could go to HR, but our HR person is literally in bed with one of the co-founders of the company. We have no HR department.
     
  8. Anonymous

    Anonymous Guest

    DO NOT QUIT. It does not benefit you. When they approach you asking you to leave, ask for a severance check. You really don't understand how you are in the drivers seat on this one.
     
  9. Anonymous

    Anonymous Guest

    I agree. You can't lose in this situation. Either they will do nothing and you ride it out until the new job starts, or they will ask you to leave and then you can ask for a severance package.
     
  10. Anonymous

    Anonymous Guest

    OP here. My manager called requesting to meet with me at a hotel today. Flew in for a surprise Monday morning meeting. I emailed her my resignation before ever giving her a chance to tell me what it was about. An hour later my DM showed up at my home with another manager (who also "happened" to be in the area) and closed me out.

    Unbelievable.
     
  11. Anonymous

    Anonymous Guest

    What do you think you would have gained by resigning? You should have asked for a package.
     
  12. Anonymous

    Anonymous Guest

    Very odd. Somehow I do not think you gave us all the info. No company is going to fire anyone for "looking" or even interviewing for another job unless you were screwing off on company time and out of territory. Glad you have something else lined up. Nothing like those "surprise" meetings. How convenient they had all the "close-out" paperwork.
     
  13. Anonymous

    Anonymous Guest

    OP here. You are right. No one gets "fired" for looking. But we all know once a company wants to get rid of you, they will find reasons or manufacture them (e.g. "selling skills aren't up to par.") My DM was a first time manager who had just returned to the industry after nearly a decade absence. Somehow I don't think she was ever comfortable with my experience, accolades, and the fact that I had done a long stint in management myself. She was constantly worried I wanted her job. I didn't.

    Water under the bridge now.

    Oh -- just found out these wonderful people aren't paying the two weeks resignation period. Real classy, they are.
     
  14. Anonymous

    Anonymous Guest

    Let them know that you are filing a claim with the state labor board.
    (which you should do).
     
  15. Anonymous

    Anonymous Guest

    You will soon find out the following:

    If you resign, you are not eligible for Unemployment Benefits...Better hope the other job comes through.

    By the way, I am calling "bullshit" on this entire thread!
     
  16. Anonymous

    Anonymous Guest

    OP here. They don't have to legally pay the two weeks, so no point contacting the state labor board. And I'm aware I won't get UC benefits. That's okay too. I gave the situation a lot of thought today, and although I'm really disappointed with the way the company has chosen to handle it, that's on them. As of today I'm letting it go and am going to focus on enjoying the Holidays with my family and getting ready for my new job.

    Thanks to everyone that was kind enough to give a word of encouragement or advice.
     
  17. Anonymous

    Anonymous Guest

    If they have given others 2 weeks pay, and not you, then you would have a claim for discrimination. Also, make sure you get paid for any unused vacation pay.
     
  18. Anonymous

    Anonymous Guest

    OP here. I wonder about the discrimination - I know they have paid others the two weeks. Perhaps I will reach out to my attorney friend. Thanks.