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Can I let certain colleagues know I will be terminated?

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Ce2015

Member
What is the name of your state (only U.S. law)? NY

Do I pose any risks if I give colleagues a heads up that my job will be terminated in the near future? We are working to meet deadlines on projects and they rely on me for specific aspects. The are in a different department. My manager is new and doesn't understand the interdepartmental relations.

What legal issues are there?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY

Do I pose any risks if I give colleagues a heads up that my job will be terminated in the near future? We are working to meet deadlines on projects and they rely on me for specific aspects. The are in a different department. My manager is new and doesn't understand the interdepartmental relations.

What legal issues are there?
You can tell anybody that you want. We can't guess how your employer may respond, but there is nothing legally preventing you from doing so.
 

eerelations

Senior Member
While you're not legally required to, you really should get your manager's permission first. If you go ahead and tell people, and then your manager gets upset, this may have a negative impact on your references.
 

Ce2015

Member
While you're not legally required to, you really should get your manager's permission first. If you go ahead and tell people, and then your manager gets upset, this may have a negative impact on your references.
This was not told to me directly. There have been lay offs and we are under restructuring. I saw my position listed on a job board, where they are combining my position with other duties from a previous laid off position.

I would just be giving a heads up and hope it is held in confidence.

Will this affect my unemployment? Mentioning that I knew...
 

cbg

I'm a Northern Girl
As far as the law is concerned, you can take out a billboard ad on the interstate if you want to.

However, if there is any question about whether or not you are going to be laid off and you start telling people without either official notification or permission from your manager, you've just kissed goodbye any chance you ever had of being retained.

Can you do it legally? Yes.

Is it a wise thing to do? Not in my opinion.

Can there be non-legal consequences? Hell, yes.
 

commentator

Senior Member
Be very very careful not to let it sound like the "leaving" is of your own volition. Voluntarily quitting a job generally means no unemployment insurance. Being let go through no fault of your own, being downsized, laid off, whatever, generally means that you will qualify for unemployment benefits. You work up to the day they tell you that you no longer have a job. You always do the job to the very best of your abilities, whether you knew you were being let go or it was a complete surprise to you.

To me it's not so much a matter of your receiving a good reference, it's that YOU don't know for SURE you're being downsized, why share your worries and issues with co workers? You have been privy to some information that leads you to believe you may be downsized, laid off, let go in the immediate future, but really why bother to share it with anyone else? This sounds very unprofessional if not silly to me. And it could cause a lot of workplace gossip, and your employer could get very angry with you. Just don't do it. It's something that's no necessary, isn't productive.

Just make sure that your co workers understand that they must all do their part, no one's job is permanent or guaranteed to be there forever. The company could, very legally, terminate or get rid of anyone on your team. Anyone who doesn't realize this is being unrealistic, and it's not your job to keep them up to date.
 

Ce2015

Member
Thank you for the replies.

Since my last post, I have had two close relatives in the hospital and have had to deal with some issues from my past after being assaulted on the street a few weeks ago.
All the while, I have gone to work understanding that I will be losing my job -not if, but when - and I have dealt with these issues without giving any indication that I am affected or am dealing with anything at all. I do the work I was hired to do, plus more. Much much more.

I really need to take personal some time off. I feel really overwhelmed in my personal life (not letting it affect my professional). And, in the workplace, I am tasked with more and more work which is unfamiliar to me.

I read in another thread that it is a bad idea to quit in lieu of termination, but I need to visit my family at some point soon.
I would like to take an extended weekend (this weekend) out of the city.

My employment package came without benefits, so don't have time-off days. Can I safely take a few personal days as needed? Will this pose risk to unemployment eligibility if I call in a couple of personal days.

...I have been looking for other jobs with all of my free time, but I will need Unemployment if nothing is lined up.
 

Chyvan

Member
Can I safely take a few personal days as needed? Will this pose risk to unemployment eligibility if I call in a couple of personal days.
Maybe, maybe not. Until your employer lets you go, you have to follow the rules. If you commit misconduct according to what UI considers misconduct, your employer can legitimately tell that to UI and back it up, and you've just turned a nondisqualifying termination into a disqualifying one.

Perfect example: In the olden days, I worked with a young woman that was quitting to get married. When she turned in her letter of resignation, the VERY nice HR rep said, "you take this letter back and wait until after lunch." Later that morning, the employer laid off 20% of the employees and the young woman happened to be one of them. However, had the employer had that letter, they could have absolutely submitted it and told UI that "she quit to get married," and that might very well have cost her UI benefits.
 

commentator

Senior Member
Wait until you are laid off to visit your family. You're just getting really discouraged and burned out, worrying about the impending job loss, and that is very natural. But my best advice is to hang on a bit longer.

While you are drawing unemployment and looking for other work, you will be able to rest and clear your head, can get in the visiting, perhaps get in some counseling to help you deal with your stress.

At this point, having indicated that you are in one of the positions about to be let go, your employer may be hoping very strongly that you will go on and quit your job. Nicer employer, such as chyvan describes, who allowed the girl to be laid off and draw unemployment benefits when she was really about to quit for a disqualifying reason do exist, but employers are not always that way.

Sometimes they up the demands and treat you worse in hopes you'll just tuck tail and run to avoid the pressure. When you say that your job is becoming more and more challenging, that they're asking much more of you, and putting pressure on you, that very well could be because they are hoping to frustrate you into quitting your job.

Though this may involve changing your personality somewhat, try not to sweat it so much. That you wanted to help out your co workers shows that you are very invested in doing a good job and when you say you do much much more than your actual job involves, this leads me to believe that you are doing too much. How do you think this is going to be good for you? After all, you're going to lose your job anyway.

If you have more than you can do, or you are asked to do jobs for which you have not been adequately trained, just do your best, take your time, and don't get wildly stressed if they criticize your work or tell you that your work isn't up to par or you must do more or better or they may fire you. This is what they do when they're hoping you'll quit, so they won't have to lay you off. Just hang on, be quiet and polite (and don't broadcast that you're going to be laid off to anyone else in the company, per my original advice.) If criticized, just say, "I'm sorry. I am trying to do my best."

Remember, employers don't like to pay unemployment insurance benefits. They have some familiarity with them, and know that if you quit your job, you very likely will not get to draw benefits, and their tax rates won't be increased. They may think this new manager understands things a lot better than you realize, and may give him/her kudos if she can drive you out.

But also remember that they can ask you for more and more work, may criticize your work unfairly, can ask you to perform the impossible (could ask you to "spin straw into gold" as they say) but all you have to do is keep showing up, do your best and let them be the movers in your leaving. If your health becomes affected, or you need personal time off to deal with your or a close family member's illness, we can go into whether or not you might qualify for FMLA, but since as you tell us you have no vacation time accumulated that you could use, for any other reason it probably would be a case of, "If you want to go home, then you have quit!" and they might just win that argument in unemployment.
 
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Ce2015

Member
Thank you so very much for the reply. It is appreciated.
Just wanted to reply back that in the past I was able to take time off with approval from management. I never had an onboarding session to discuss benefits at hire, but when I asked HR later on about days off they said it wAs up to my manager how much time I could take. My original manager before approved my time off. I just don't know how I can ask and make sure I have record that they have approved this.
I don't know if it's a risk even asking.


It sounds like I should hang tight.


Wait until you are laid off to visit your family. You're just getting really discouraged and burned out, worrying about the impending job loss, and that is very natural. But my best advice is to hang on a bit longer.

While you are drawing unemployment and looking for other work, you will be able to rest and clear your head, can get in the visiting, perhaps get in some counseling to help you deal with your stress.

At this point, having indicated that you are in one of the positions about to be let go, your employer may be hoping very strongly that you will go on and quit your job. Nicer employer, such as chyvan describes, who allowed the girl to be laid off and draw unemployment benefits when she was really about to quit for a disqualifying reason do exist, but employers are not always that way.

Sometimes they up the demands and treat you worse in hopes you'll just tuck tail and run to avoid the pressure. When you say that your job is becoming more and more challenging, that they're asking much more of you, and putting pressure on you, that very well could be because they are hoping to frustrate you into quitting your job.

Though this may involve changing your personality somewhat, try not to sweat it so much. That you wanted to help out your co workers shows that you are very invested in doing a good job and when you say you do much much more than your actual job involves, this leads me to believe that you are doing too much. How do you think this is going to be good for you? After all, you're going to lose your job anyway.

If you have more than you can do, or you are asked to do jobs for which you have not been adequately trained, just do your best, take your time, and don't get wildly stressed if they criticize your work or tell you that your work isn't up to par or you must do more or better or they may fire you. This is what they do when they're hoping you'll quit, so they won't have to lay you off. Just hang on, be quiet and polite (and don't broadcast that you're going to be laid off to anyone else in the company, per my original advice.) If criticized, just say, "I'm sorry. I am trying to do my best."

Remember, employers don't like to pay unemployment insurance benefits. They have some familiarity with them, and know that if you quit your job, you very likely will not get to draw benefits, and their tax rates won't be increased. They may think this new manager understands things a lot better than you realize, and may give him/her kudos if she can drive you out.

But also remember that they can ask you for more and more work, may criticize your work unfairly, can ask you to perform the impossible (could ask you to "spin straw into gold" as they say) but all you have to do is keep showing up, do your best and let them be the movers in your leaving. If your health becomes affected, or you need personal time off to deal with your or a close family member's illness, we can go into whether or not you might qualify for FMLA, but since as you tell us you have no vacation time accumulated that you could use, for any other reason it probably would be a case of, "If you want to go home, then you have quit!" and they might just win that argument in unemployment.
 

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