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Being "managed out"

Discussion in 'Termination: Firing & Resignation' started by Professional1, Aug 25, 2019.

  1. Professional1

    Professional1 Law Topic Starter New Member

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    My career has been focused on technical project management in the financial world.

    After 8 years I was laid off by my company 11 months ago, given a 60 day notice period and 8 months of severance, on the condition that if I came back I would lose my severance (prorated according to my equivalent salary).

    During this time I had been interviewing for another internal position within internal audit (a career shift) auditing project management at my company (my expertise). It was very clear to everyone involved that this was a career shift for me and would be a stretch given my previous experience.

    After consulting an attorney and signing my severance package documentation, talent acquisition contacted me with an offer for the new position - it came with a salary increase that would have made up for my loss of severance after working the new position for roughly two years.

    After careful consideration, I accepted the offer - forfeiting my severance in the process, and effectively resuming my employment at my company, nullifying the termination.

    Fast forward 10 months:

    My position as originally explained to me has been modified by senior management to be something different than what they originally told me - having nothing to do with my project management expertise in this specific firm. I've been removed from any significant communications and have been given menial tasks in the name of "cross training". Management says I am failing to perform up to even the lowest standards required for my new role. They find fault with everything I do, from scheduling and running meetings, to the way I manage my time, interact with peers and stakeholders, and execute even the most menial tasks. They refuse to acknowledge even the smallest successes.

    This Friday, I had my mid-year, and my manager told me that it was time for me to start looking for a new position outside of our organization (she isn't going to HR, because if I get put on a performance plan, supposedly I'm prohibited from applying to other jobs).

    There is no way I have recouped the loss of my severance package from 10 months ago, and I feel I was misled about this position, which resulted in the loss of a severance package that was rightfully mine after my significant previous tenure.

    I get that I'm being managed out...but does the loss of my severance package show possible foul play?

    Advice?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Unless you have a binding contract your job is what the boss says it is.

    You willingly gave up your severance to go back to work for that company in a different position.

    I don't see anything wrong or illegal about what is happening to you.
     
    hrforme likes this.
  3. hrforme

    hrforme Active Member

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    agree that in the end you had a choice to make at severance time and you made it.

    "It was very clear to everyone involved that this was a career shift for me and would be a stretch given my previous experience."

    The fact that it is not turning out as expected or that you couldn't "stretch" isn't foul play. If they wanted to withhold the severance, there is generally no law that they had to offer you that much in the first place (although precedent may have come into play). In the end, it can be common for a job not to work out or to be modified.
     

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