Ask Me Help Desk - Target for termination

Target for termination

My husband has been targeted for termination by his employer. About two weeks ago he received a write-up/performance plan for lask of interpersonal skills. We believe this stems from a personal conflict between him and a subordinate that happens to "be friends" with his General Manager. Since the write-up he has been asked to complete countless tasks of improvement, all of which are not what they were looking for or not good enough. Management gave him hear say of commentary about him on a personal level from above him and below him, including comments such as "waste of space". He has been told if he doesn't comply to the performance plan there will not be any more. He is working his butt off at 80 hours a week and they have continued to try to force him to quit. Is it legal to work under these conditions? We live in IL and if he quits he will not receive unemployment, but who would want a termination on their resume. Any suggestions? Anyone been through this before? Is there a way to get them to back off before his termination date in two weeks?

Is he paid salary, commission or hourly?
Is he being paid over time?
He needs to get and keep as much proof as he can about what they are pulling,

And what state/country?

He is salary

IL

He has been keeping a log of everything that has been going on, but we wouldn't even know who to turn it into. He is thinking HR and above when he is termed. He works for a big nationwide company. I can't believe they would treat employees like this. They have a strict fratinization policy and the GM and his subordinate have been seen "hanging out" at each others house and outside of work.

Quote:

Originally Posted by Justwantfair

He is salary

IL

He has been keeping a log of everything that has been going on, but we wouldn't even know who to turn it into. He is thinking HR and above when he is termed. He works for a big nationwide company. I can't believe they would treat employees like this. They have a strict fratinization policy and the GM and his subordinate have been seen "hanging out" at each others house and outside of work.

HR would be the ones to enforce the fraternization policy if your husband has proof of what you say.

I don't know that it would save his job, though, or make any difference in the long run.

What do you think the purpose of terminating your husband is? Why are they pursuing him?

His subordinate transferred from another location for the General Manager. I think he was promised the position at my husband's level. My husband doesn't agree that his subordinate is ready for that type of promotion and has vocalized that.

Quote:

Originally Posted by Justwantfair

His subordinate transferred from another location for the General Manager. I think he was promised the position at my husband's level. My husband doesn't agree that his subordinate is ready for that type of promotion and has vocalized that.

Is your husband in a position to make that type of recommendation? Is that part of his job?

Yes.

Quote:

Originally Posted by Justwantfair

Yes.

Then I'd consult with an Attorney who specializes in labor law - now.

Quote:

Originally Posted by Justwantfair

His subordinate transferred from another location for the General Manager. I think he was promised the position at my husband's level. My husband doesn't agree that his subordinate is ready for that type of promotion and has vocalized that.

Here's my concern - in some of your posts he's your husband; in others he's your boyfriend. Kind of puts your statements into question - ?

We have been together for 4.5 years, he is really my boyfriend.

Quote:

Originally Posted by Justwantfair

We have been together for 4.5 years, he is really my boyfriend.

OK. Just wanted to be sure - I'm sure you can understand some people post just to see their printed words. You seemed so sincere that I figured there was an explanation -

Oh, and by the way, welcome.

Honestly I am sincere and thank you. My main concern is having someone from his company see this or giving too much information that someone could figure out who. Paranoid at this point with everything that has happened in the last two weeks. Thank you again. I looked into the labor law attorney last week and thus far all I have turned up is that locally we do not have an attorney that specialize in that. They have broken his spirit and demoralized him. I just don't know how to help and I know that what they are doing is wrong.

Quote:

Originally Posted by Justwantfair

Honestly I am sincere and thank you. My main concern is having someone from his company see this or giving too much information that someone could figure out who. Paranoid at this point with everything that has happened in the last two weeks. Thank you again. I looked into the labor law attorney last week and thus far all I have turned up is that locally we do not have an attorney that specialize in that. They have broken his spirit and demoralized him. I just don't know how to help and I know that what they are doing is wrong.

Have you tried your local Bar Association, asked for a recommendation or referral? Honestly, I think you have to be proactive here. After he's terminated it will pretty much be too late to pick options.

I can't imagine what he's going through - or you, for that matter.

My only concern is that it appears that management has performed a 360 employee evaluation with this employee, and it sounds like there is feedback that the employee is not doing what they should be in the job. Yes, the employee may be working 80-hour weeks, but that doesn't mean that they are doing what they need to be during that time. And in the companies I've worked at, creating a performance plan isn't something that can be done willy-nilly. It generally involves running it through several layers of management. If this was just his boss out to get him, I'd expect someone else in the chain of command to speak up for him. So, is it possible that there is some truth to the accusation that he needs to improve his interpersonal skills? It's possible that he just doesn't fit this company's culture, and could excel at another company.

And I'm not sure that this is about getting him to quit so that they don't have to pay unemployment, since iirc, being fired for cause also means that you aren't eligible for unemployment. Companies tend to prefer to "agree to part ways", where you leave and collect unemployment, and they don't say bad things about you, because it's easier on both sides that way. Avoids nasty court battles on both sides.

I agree there was some truth to the accusation that he has some interpersonal skills to work on. He agrees as well and has been making great strides to do so. The feedback he is getting is not very supportive of making a change and I can't imagine that he is not an incredible asset there. This is upper manager, he is in mid-management so there wouldn't be higher hoops to go through.

I have determined that Illinois is an "at-will" employment state and per the attorney I spoke with yesterday, companies have free reign to treat their employees however they see fit and that targeting is on the rise here.

Yeah most if not all states are at will so unless he has a contract or something they can and will do whatever they want. If they do not want him there they very well could harass him to the point he quits. Hopefully he can conform to the point they do not make him leave.

That is what he was trying at first, just to buy some time, there aren't positions of his level around but now he is just frustrated. The given response is now "That's not good enough", but when ask for suggestions of improvement nothing is offered.

Thank you all for the help. I think this is just a waiting game, hoping we can keep it together so he doesn't quit.

We are just trying to determine if quitting or being terminated will be better. There aren't a lot of jobs right now, but I know that he will not be happy to just stay home unemployed he would prefer to be underemployed and he would actually enjoy a job 40 hours a week. So is it worth it to wait to get fired to collect unemployment or just resign before termination, benefit his resume and take a job under his skill level?

Quote:

Originally Posted by Justwantfair

That is what he was trying at first, just to buy some time, there aren't positions of his level around but now he is just frustrated. The given response is now "That's not good enough", but when ask for suggestions of improvement nothing is offered.

Thank you all for the help. I think this is just a waiting game, hoping we can keep it together so he doesn't quit.

We are just trying to determine if quitting or being terminated will be better. There aren't alot of jobs right now, but I know that he will not be happy to just stay home unemployed he would prefer to be underemployed and he would actually enjoy a job 40 hours a week. So is it worth it to wait to get fired to collect unemployment or just resign before termination, benefit his resume and take a job under his skill level?

In this economy I think firings can be explained in any variety of ways - and then he has Unemployment to fall back on.

I think you have to line up the dollars and cents and evaluate job opportunities - if he just quits and then can't find a job, you have a problem because there will be no Unemployment Insurance.

In some STates if you quit but are forced out you can ask for an Unemployment Hearing, prove your case and collect. I know NYS is like that and I've seen people actually win the Hearing.

Update: Job offer came in today after numerous interviews, so after the last three months of being laid off, he will be beginning a job one step over his level at the beginning of the new year, for a pay increase.

Everything happens for a reason. :)

Quote:

Originally Posted by Justwantfair

Update: Job offer came in today after numerous interviews, so after the last three months of being laid off, he will be beginning a job one step over his level at the beginning of the new year, for a pay increase.

Everything happens for a reason. :)

Thanks for coming back and letting us know - good news indeed! And, yes, everything for a reason. Karma.