What is the name of your state? California
I am completely blown away by my situation right now with my employer.
Here's the background:
Two years and two months ago (August 2003), I was pursued by a recruiter to work for the firm he was representing. At that time, I was employed by a company that I had worked for since 1988 (15 years). Although I was secured working for that company considering my seniority, the Owner was well past his 70s. Naturally, concerns for our longetivity is in check.
I agreed to go in for the interview and met with the Owners of the new company. To make it short, the interview went well, they made me an offer and I asked if I could deliberate and think things over. After deliberation, I felt that my best interest lie on the current company I was working for. Call it trust or loyalty, I/we just felt that the Owner will not leave us all hung out to dry. So I called the company I interviewed for and declined their offer of employment. My main concern and reason was my security.
Two weeks later, the company I interviewed with, through the recruiter, called me once again and this time, he wanted to addressed what my concerns were and tabled up another offer. They offerred me an increase in salary as originally offered, plus matching amenities like car expenses, IRA account, and bonus incentives. Except this time around, they also offerred me what was termed 24/6 CEO clause.
24/6 CEO clause means that, for the sake of security, this company guarantees me that for the next two years, If my employment was terminated for reasons other than my resignation, or I am not physically or mentally capable of working; that I will received a severance pay equal to a two years salary, less whatever monies they have paid me within the first two years.
If after two years, I was terminated for reasons other than my resignation, or I am physically or mentally incapable of working; that I will receive a severance of equalling to 6 months.
In short, they added a security clause to ease my concerns. I didn't negotiate nor asked for it. They offerred it to me so I will accept the terms and work for them. I accepted and quit my old job and started working for this company.
Fast foward to today. Since June of this year 2005, the woman who originally wrote the agreement of the terms of my employment, started to speak with me about removing the security clause and having me sign a new one stating that severance pay will only be for two weeks. I refused.
I got married last August 2005, and since then, she have vigorously attempted to rewrite my employment terms and nullifying the 6 month pay clause. She did this at least 3 times over. Asking me to sign the new agreement on two sheets of paper. When I continually refused, she sent me a letter stating that starting on September 1, 2005; the company is declaring my original agreement void, and the terms to take it's place is to compensate me for two weeks pay in case I lose my job. This time around, there is no signatory line with my name.
The bottom paragraph would say things like:
"If you would like to continue working for _____" or "With this new agreement, we look forward having you work for us for years to come.."
I wrote a memo stating that I have not agreed to such revisions, and thus have not accepted any new terms according to that letter, thus the original terms offerred by them, accepted by me, to remain effective.
Today, October 6, 2005; I once again received a letter stating the same removal of the original terms, adding, "...No raises in salary or bonuses will be considered until a new agreement is made..."
I have not received any pay increase since my hiring. I have people in my company, clients, and people of other trades that works for our company, that can support my professionalism and knowledge in the job I bring to this company. I never asked for a raise as I always felt this is a gesture that needs to come from the employer, and not something an employee asked for.
I still do not want to remove the security clause in the original terms.
What are my rights? What are my options? Does this constitute a 'hostile environment'? If I pursued legal proceedings against the company, how can I continue to support my livelihood, especially now that I am married? What will be the repurcussions to any future employers? What impact will it have on my resume?
Please help! I have all the papers and documents in my possession, and copy of the original agreement, plus the name and address of the original recruiter.
I am completely blown away by my situation right now with my employer.
Here's the background:
Two years and two months ago (August 2003), I was pursued by a recruiter to work for the firm he was representing. At that time, I was employed by a company that I had worked for since 1988 (15 years). Although I was secured working for that company considering my seniority, the Owner was well past his 70s. Naturally, concerns for our longetivity is in check.
I agreed to go in for the interview and met with the Owners of the new company. To make it short, the interview went well, they made me an offer and I asked if I could deliberate and think things over. After deliberation, I felt that my best interest lie on the current company I was working for. Call it trust or loyalty, I/we just felt that the Owner will not leave us all hung out to dry. So I called the company I interviewed for and declined their offer of employment. My main concern and reason was my security.
Two weeks later, the company I interviewed with, through the recruiter, called me once again and this time, he wanted to addressed what my concerns were and tabled up another offer. They offerred me an increase in salary as originally offered, plus matching amenities like car expenses, IRA account, and bonus incentives. Except this time around, they also offerred me what was termed 24/6 CEO clause.
24/6 CEO clause means that, for the sake of security, this company guarantees me that for the next two years, If my employment was terminated for reasons other than my resignation, or I am not physically or mentally capable of working; that I will received a severance pay equal to a two years salary, less whatever monies they have paid me within the first two years.
If after two years, I was terminated for reasons other than my resignation, or I am physically or mentally incapable of working; that I will receive a severance of equalling to 6 months.
In short, they added a security clause to ease my concerns. I didn't negotiate nor asked for it. They offerred it to me so I will accept the terms and work for them. I accepted and quit my old job and started working for this company.
Fast foward to today. Since June of this year 2005, the woman who originally wrote the agreement of the terms of my employment, started to speak with me about removing the security clause and having me sign a new one stating that severance pay will only be for two weeks. I refused.
I got married last August 2005, and since then, she have vigorously attempted to rewrite my employment terms and nullifying the 6 month pay clause. She did this at least 3 times over. Asking me to sign the new agreement on two sheets of paper. When I continually refused, she sent me a letter stating that starting on September 1, 2005; the company is declaring my original agreement void, and the terms to take it's place is to compensate me for two weeks pay in case I lose my job. This time around, there is no signatory line with my name.
The bottom paragraph would say things like:
"If you would like to continue working for _____" or "With this new agreement, we look forward having you work for us for years to come.."
I wrote a memo stating that I have not agreed to such revisions, and thus have not accepted any new terms according to that letter, thus the original terms offerred by them, accepted by me, to remain effective.
Today, October 6, 2005; I once again received a letter stating the same removal of the original terms, adding, "...No raises in salary or bonuses will be considered until a new agreement is made..."
I have not received any pay increase since my hiring. I have people in my company, clients, and people of other trades that works for our company, that can support my professionalism and knowledge in the job I bring to this company. I never asked for a raise as I always felt this is a gesture that needs to come from the employer, and not something an employee asked for.
I still do not want to remove the security clause in the original terms.
What are my rights? What are my options? Does this constitute a 'hostile environment'? If I pursued legal proceedings against the company, how can I continue to support my livelihood, especially now that I am married? What will be the repurcussions to any future employers? What impact will it have on my resume?
Please help! I have all the papers and documents in my possession, and copy of the original agreement, plus the name and address of the original recruiter.