Forced Employee Rankings - Nevada

[thatITguy5]

I am a manager of personnel in an IT department for a major US bank that it is in the process of undergoing consolidation initiatives. As part of the consolidation, two locations (one in Nevada and one in New Jersey) will be shutdown and relocat to a single site in Texas. As part of this process, no relocation assistance is being offered. Instead, every employee at both sites is being JD's (job discontinued) and is expected to apply for a position Texas if they want one. Everyone will receive severance according to their years of service, but not all will be rehired. As preparation for not rehiring all who wish to go, we as managers were mandated to rank 10% of our staff as "partially effective" at the end of last year. As we approach the consolidation process, HR required that managers write a performance improvement plan for these individuals using a pre-formatted document that contains legal verbiage stating the employee could be terminated within 90 days. I have stated to HR that these employees' performance does not rate such a document this year. I have been repeatedly pressured to produce these documents and have the employees sign them. I believe that the intent of the company is to deny severance benefits to this 10% of the staff by terminating them for cause prior to the commencement of the JD process. Can I be forced to put my name on a document that I don't believe to be true? Can these employees be denied benefits? What are my rights if I refuse to comply?

 

[swalsh411]

This is an internal policy issue not a legal one. It is perfectly legal to deny severance to employees based on performance rankings even if such rankings are not accurate. The only possible exceptions to these would be if there was a CBA or other contract requiring severance of if the rankings were based on a protected class. For example, "we will fire all the asians so they don't get severance".

You cannot be forced to sign any document. If you refuse, you can be legally fired. Your chances at collecting unemployment will depend on if this is judged to be misconduct or not.

 

[startedone]

Can I be forced to put my name on a document that I don't believe to be true?

Why are they holding an actual gun to your head? Of course, you'll be seeing one of those 10% notices soon

I think its actually nice the company is telling their lower , gonna be kicked out the door, employees this information. Gives them (or at least the smarter ones) time to look for a new job.

 

[Beth3]

Can I be forced to put my name on a document that I don't believe to be true? Can these employees be denied benefits? What are my rights if I refuse to comply? I don't mean to sound flip but you have the right to be terminated.

I completely understand your relucantance to create these documents however if you refuse, your employer is free to termimate your employment for insubordination. I think the approach your employer is taking is a poor one but it's legal.

 

[Doreen]

I believe that the intent of the company is to deny severance benefits to this 10% of the staff by terminating them for cause prior to the commencement of the JD process.

You are making assumptions that are most likely incorrect.

Your employers intent is to identify those folks on the bottom 10% of the Bell curve. It does not mean they are "bad" employees.

These are the first to be culled from the herd. If the company is offering severances, it will almost surely give severances to those folks. But once those folks are gone the curve will again be reset to include new ones on the bottom 10%.

You better believe your higher ups have already rated you against other managers looking for the bottom 10% and probably higher. The percent of managers hit in layoffs is often higher than the average, since departments are often reorganized and consolidated to require less managers. This is not a good time for you to be viewed as someone who is not a team player. The fact you are already being pressured to comply with company policy does not bode well in this regard.

If you as a manager is incapable of understanding such basics, or you openly resist your company's mandates, do not be surprised if you are among those laid off. I have seen managers pay the price with their jobs for doing exactly what you trying to do.

 

[Hot Topic]

I worked at a place where a team of managers made the decision as to which employers would be let go and which retained. Once those decisions had been made, the managers were all let go, something they knew before they began their decision making.

What you "believe" is irrelevant. The only thing that matters is what you can prove.

 

[startedone]

.

What you "believe" is irrelevant. The only thing that matters is what you can prove.

Resistance is .... futile