can they do that?

[isthiswrong?]

What is the name of your state? TN, but I am paid out of MA


Recently, at a gathering of a significant portion of upper management, I was put in a situation where my manager attempted to undermine my credibility with a number of my customers present.

When I took the conversation private (in the middle of a hotel lobby). He then told me in no uncertain terms that I was being weeded out. He said that he was going to meet with his boss and HR to place me on a development plan, at the end of which I would be terminated.

I know this is an "at will"state, but can you be threatened with termination? If they don't need a reason, why not just fire me right then?

I was put off enough that I reported the incident to the HR department. I was eventually contacted by my managers superior and sent the "development plan". To date, they have not (or can't) acknowledge what my mamager said, and mentioned that this plan was to address "serious" performance issues.

In the last six months I have been recognized as a "top performer" and had an annual review, while the review wasn't excellent, there was no mention of "serious" problems. I was given a good bonus (however, because they never sent the plan for my signature and submission, I have yet to see any of that money). No plan was put together after the review to develop my deficiencies. Only after a letter was sent to HR were these issues brought into play. Not a single person mentioned anything negative while they were all in town. I'm curious as to why?

I've heard of threats of termination and encouragement to resign (both of which have taken place) as grounds for possible wrongful termination, or constructive discharge? Why are they wasting time with a plan to fail me? Do they feel thay need grounds now?

Obviously more to this, but I just wanted to get a feel for what the law says. Something is rotten in Denmark.

 

[cbg]

"can you be threatened with termination? " Yes. There is nothing whatsoever illegal about threatening termination.

"If they don't need a reason, why not just fire me right then?" Because they don't choose to. I don't know why not; I'm not in their heads. But it's their choice.

"I'm curious as to why? " Sorry, but I don't know why either. But there's nothing illegal about it.

"I've heard of threats of termination and encouragement to resign (both of which have taken place) as grounds for possible wrongful termination, or constructive discharge? " Then you have heard wrong. Neither a threat of termination nor an employer encouraging an employee to resign is even remotely close to a wrongful termination or a constructive discharge except under EXTREMELY limited circumstances which do not appear to apply here.

"Why are they wasting time with a plan to fail me? " How do you expect us to know? Maybe, just maybe, they want to have all their ducks in a row and proper documentation in their files.

"Do they feel thay need grounds now?" They don't NEED grounds in an at-will state. But if they have grounds that's so much the better from their perspective.

 

[isthiswrong?]

reply

I appreciate the info, I figured as much. They've offered a severance, no need to drag it out.

No need for the condecending tone, I was simply asking a few questions. Didn't mean to offend.

 

[cbg]

No "tone" of any kind was intended. You asked questions; I answered them. Some of them I couldn't answer because I'd have to be your employer to know the "right" answer. But any condesencion you found in my post, you put there yourself.

 

[isthiswrong?]

tone

fair enough. thanks.

 

[Andrea04]

No "tone" of any kind was intended. You asked questions; I answered them. Some of them I couldn't answer because I'd have to be your employer to know the "right" answer. But any condesencion you found in my post, you put there yourself.

What I think people are asking is a general question they know you don't know the details of the situation, just if their is merit for a case or not, and you did have a sarcastic tone to your answer. And my theory is this "AT will" Law contradicts itself in so many ways i've read and reread, there are loop holes in every written law, as I said before the justice system in this country runs on the color green as long as you have it you have a shot at anything. And yes I bite back.

 

[StacyLB]

isthiswrong, please ignore the above mumbo jumbo about the at will doctrine.

At this point, I would consider yourself lucky that they've offered severance. As far as your questions about not being fired immediately, it's difficult to say--lots of reasons could be at play...
Are you a member of a protected class? Beyond that, it could be something as simple as management receives a bonus based on turnover numbers, so they're trying to delay your departure.

I can only imagine how difficult it must be to find yourself in this position. The best thing I can offer you is to learn from this--look for the right job, at the right organization, working for the right people. It may take years to find, but nothing will make your professional life more fulfilling. Best of luck to you.