What is the name of your state (only U.S. law)? New York
My former large, Fortune500 employer went to a pay/perf. system a couple of years back for all professional employees, based on their performance review (PA) annually, which also sets the regular raises. (hah!) So last year, tough times, etc. they said they were "postponing" the payout, which was scheduled to be a "bogey" of about 2% of your annual wages. To make us happy, they said they'd add it to this year's total. So you need to work all of 2008, and your payout would be in April 2009 for last year's work.
I was laid off in late Jan, and my last day there was end of Feb. The PAs are normally handed out in April. When I never received any bonus money direct deposited, I called my former boss, and asked to see a copy of my last PA.
Their payout systems works like this: As a percentage of the "bogey", a "1" gives you a 125% payout, a "2" gives you 110, a "3" (typical performance) gives you 100%, a "4" (less than great) gives you 75%, a 5-zippo.
I assumed they were going to give fairly lousy numbers to us, like a 3 or 4, since we were laid off. The layoffs in my division ran about 33%, so it was a huge number. The company is cash-poor like everyone now. They've suspended matching 401K contributions, everyone remaining has to take a week furlough w/o pay, etc. But when I got my PA, it was a 5 out of 5, a "totally unsatisfactory" rating, so I get nada!
Even the descriptive words on it said in many places "John did a good job on ...." A few minor criticisms, but nothing to suggest I sucked. I had 25+ years with this same company and had risen to the level of a minor manager, and had always received top reviews. My old group had been downsized out from under me, so I ended up being superfluous, but I still did all I could to help other less experienced people, etc. And this was even reflected on my Performance Review!
I know it's easy to screw people who are no longer there, but this was really ridiculous. I had regular 1-on-1 meetings with my supervisor every other week or so, and he never told me anything to suggest I was not doing at least a satisfactory job. He used to be my peer, and I ended up working for him, and I know he felt threatened by my skills, advanced degree, etc, so he always tried subtly to give me weaker assignments to work on. I always asked for more to do and was called in to help people on projects that they couldn't complete without my help, so I was told by my upper manager that they still respected me, blah, blah.
After leaving, I would not have complained about at least getting 75% of the bonus award, really at least 100% (a "3" rating) would be appropriate, but as I said, I understand screwing people who leave a little bit. After all, then you give the savings to the people who are left. But this was insulting!
The gross payout for this performance pay is between 7000-8000, so we are talking not a lot of money, but I'd sure like at least some of it, which I know I absolutely deserve.
So right now, I'm planning on writing some firm but polite letters to some of the upper/mid management and see if they will relent. If not, I will go higher up the chain and at some point, if no response, threaten them with a press story. They are getting plenty of bad local press here already.
My real question is: I know NYS Small Claims Court has a limit of 5000. Can I take this into Small Claims and argue it? I did sign a severance agreement that says you won't sue them, but I believe it has a (legally required) exemption to that agreement for labor disputes. Will a Small Claims judge have any authority over this? It seems like too small a sum to fight in a real court with a lawyer, unless I sue for damages, mental distress over the bad review (silly, I know) ,etc.
Any reasonable suggestions? Or should I just chalk it up to bad luck and a cra_ppy economy? In all objectivity, I didn't in any way deserve the lowest of the low in rating. It's just plain wrong, and even his comments don't describe that low of a ranking. But words are subjective of course. It's like he could only pick at minor stuff, and was too scared to actually lie on there and say I didn't do the major portion of my assignments.
Thanks, J.
My former large, Fortune500 employer went to a pay/perf. system a couple of years back for all professional employees, based on their performance review (PA) annually, which also sets the regular raises. (hah!) So last year, tough times, etc. they said they were "postponing" the payout, which was scheduled to be a "bogey" of about 2% of your annual wages. To make us happy, they said they'd add it to this year's total. So you need to work all of 2008, and your payout would be in April 2009 for last year's work.
I was laid off in late Jan, and my last day there was end of Feb. The PAs are normally handed out in April. When I never received any bonus money direct deposited, I called my former boss, and asked to see a copy of my last PA.
Their payout systems works like this: As a percentage of the "bogey", a "1" gives you a 125% payout, a "2" gives you 110, a "3" (typical performance) gives you 100%, a "4" (less than great) gives you 75%, a 5-zippo.
I assumed they were going to give fairly lousy numbers to us, like a 3 or 4, since we were laid off. The layoffs in my division ran about 33%, so it was a huge number. The company is cash-poor like everyone now. They've suspended matching 401K contributions, everyone remaining has to take a week furlough w/o pay, etc. But when I got my PA, it was a 5 out of 5, a "totally unsatisfactory" rating, so I get nada!
Even the descriptive words on it said in many places "John did a good job on ...." A few minor criticisms, but nothing to suggest I sucked. I had 25+ years with this same company and had risen to the level of a minor manager, and had always received top reviews. My old group had been downsized out from under me, so I ended up being superfluous, but I still did all I could to help other less experienced people, etc. And this was even reflected on my Performance Review!
I know it's easy to screw people who are no longer there, but this was really ridiculous. I had regular 1-on-1 meetings with my supervisor every other week or so, and he never told me anything to suggest I was not doing at least a satisfactory job. He used to be my peer, and I ended up working for him, and I know he felt threatened by my skills, advanced degree, etc, so he always tried subtly to give me weaker assignments to work on. I always asked for more to do and was called in to help people on projects that they couldn't complete without my help, so I was told by my upper manager that they still respected me, blah, blah.
After leaving, I would not have complained about at least getting 75% of the bonus award, really at least 100% (a "3" rating) would be appropriate, but as I said, I understand screwing people who leave a little bit. After all, then you give the savings to the people who are left. But this was insulting!
The gross payout for this performance pay is between 7000-8000, so we are talking not a lot of money, but I'd sure like at least some of it, which I know I absolutely deserve.
So right now, I'm planning on writing some firm but polite letters to some of the upper/mid management and see if they will relent. If not, I will go higher up the chain and at some point, if no response, threaten them with a press story. They are getting plenty of bad local press here already.
My real question is: I know NYS Small Claims Court has a limit of 5000. Can I take this into Small Claims and argue it? I did sign a severance agreement that says you won't sue them, but I believe it has a (legally required) exemption to that agreement for labor disputes. Will a Small Claims judge have any authority over this? It seems like too small a sum to fight in a real court with a lawyer, unless I sue for damages, mental distress over the bad review (silly, I know) ,etc.
Any reasonable suggestions? Or should I just chalk it up to bad luck and a cra_ppy economy? In all objectivity, I didn't in any way deserve the lowest of the low in rating. It's just plain wrong, and even his comments don't describe that low of a ranking. But words are subjective of course. It's like he could only pick at minor stuff, and was too scared to actually lie on there and say I didn't do the major portion of my assignments.
Thanks, J.
