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  1. #1
    marlinx is offline Junior Member
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    Unhappy My boss ask me to leave (long story...)

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

    Can anyone give me advice please? Thank you!
    Apologize for the LOOOOOOONG story....

    I've been working for this International company as executive assistant to my boss (General manager for North & Latin America)

    When first interview, I got offer letter describing what I'll do to help him as his assistant.
    Later, he found out that I was able to do graphic design, a basic computer knowledge, then he wanted me to "help" out to install programs, fix their email problems and Internet issues. Also wanted me to design email marketing flyers to customers, do warehouse receiving, invoice posting, air ticket purchasing for all sales dept, Marketing documentation...etc besides my regular workload.

    I actually don't mind to do all these, even they aren't on my job description, I thought if I do a good job, my boss will feel lucky to have me as his assistant.

    One event changed his attitude was, he wanted me to travel to Mexico City to "watch & learn" how our Marketing Dept does for Corporate event. My sister told me that as an assistant, I shouldn't be traveling for business, unless it was on my job description that requires me to travel for business reason.
    Since I want to impress my boss, I went...even I got ulcer during 3 months of planning because of the stress. (I didn't mention anything to him)

    Agu. 26th 09, When we arrive at Mexico office, I couldn't get Internet conenction...I tried but I couldn't and that made him very MAD. He didn't talk to me after we came back.

    Sep 30th he called me for meeting. He mentioned that he was very mad and he couldn't look at my face. He told me that a lot of coworkers complaint about me saying "this is not my job" (For exmaple, they'll ask me to fix MSN livechat, make copies for operation dept, order plastic cover for merchandise...) BUT they all love me and I'm very nice person. Also mentioned that he's a big cup and me, not a big cup, just a small cup, whenever he's full, he'll pour his pressure on me.

    Later I explained what I did for the Mexico event, how I manged everything with seating arrangements...etc. He was speechless. He thought company paid $200.00 for me to have a relax tour in Mexico.

    One incident happened 1 week ago, he was talking with phone technician and told me to make copy of a paper and give to technician. I did.
    Later he came back he took the original paper THEN came back after a min saying " Didn't I tell you to make copy and give it to technician? why you gave original paper to him?" All these happened within 10mins... I told him I did make copy...

    Sometimes he's forgetful and he'll blame me not doing it.
    Every morning when I check my email, I need to read it and write it down then do a report to him. Sometimes I couldn't do it before 10:30am (our work hour is 9:30am-6:30pm) because some internet issue that I need to call Asia for technician to translate the problem and solve it. Since it's 12hours difference, I thought it is more important to solve the issue. Of course I always let him know what I'm doing. but I always got his complaint that I do my report too late.

    Cut log story short, 2 days ago(May 19), he left for vacation. Before he step out of the office he told me " Oh, btw, this is confidential...my friend is looking for an Accounting Manager position...you know, if you think you got better future, you can talk to him and work there. Can I ask him to contact you?"

    I was stunned! He continued "You know, we had a talk before about assistant...I think our magnetic field don't work too well. Am I not satisfying your work? no, but do I satisfy? no... I hope you get involve even more"

    "Well, if you decide to stay then I'm going to put you in Marketing, but not like the normal marketing you're used to do, I'm going to ask even more. Ah, and about budget, we don't have a lot budget for marketing, so you think about it....can I ask my friend to contact you?"

    Later he told HR manager about this, that he's providing me 2 options; 1. leave and work for other company. 2.stay in Marketing Dept.

    HR manger had a talk with me today (may 20th), and she said that she thinks boss said the wrong word about me leaving, because if you want someone to leave the company, you won't create a dept for that person. I told her because I did such good job at work he got no reason to fire me.

    She wanted me to think about these 2 options, and told me both are "equal" opportunities and things aren't as bad as I thought.

    I told her if company wants me to leave, give me a termination letter, but she refused. She won't give me anything and want me to make a decision because they are interviewing for new assistant.

    I knew for a fact that they were trying to hire marketing person but couldn't because salary issue. They want me to work as Marketing coordinator, do graphic design and handle all marketing issues with assistant pay...if I decide to stay.

    I don't know what to do. I felt he's threatening me in a nice way..and he don't want to be a bad person to laid off me.

    All I want is to leave that company, but I want something written so I can claim for unemployment. My boss is on vacation and won't be back till June 14th. Can anyone give me advice? Thank you!

    Apologize for the long story..
  2. #2
    cbg
    cbg is offline Senior Member
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    They are under no legal obligation to give you anything in writing and you do not need something in writing to file for unemployment. However, since they are offering you a choice of not one but two jobs, I'm by no means convinced that you would get unemployment at all.
  3. #3
    marlinx is offline Junior Member
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    Thank you....
    But.. are they legal to do that to an employee?

    They want me to leave voluntarily so they don't have legal issue with me. Then They can say " we offered, but she didn't want it." despite they're true intention is to get rid off me without a cost...I'm amazed that the law is protecting more employer than employees.
  4. #4
    cbg
    cbg is offline Senior Member
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    It is 100% legal and to be quite honest, I cannot imagine why you would think it was not.

    I'm not picking up that the company wants to get rid of you at all. If they did, they'd simply fire you. Instead, they are offering you a CHOICE of two positions. That does not support your contention that they are trying to get rid of you.
  5. #5
    marlinx is offline Junior Member
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    uhm, I understand what you're saying.

    Maybe I didn't describe too clearly, one of the choice is to leave the company work for other people.
  6. #6
    swalsh411 is offline Senior Member
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    The company has not broken any laws; not even close. If you quit you can certainly file for unemployment but I doubt you would be approved.

    Why not work in the new position, see how it goes, and then look for something else if you don't like it?
  7. #7
    commentator is offline Senior Member
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    I agree, nothing illegal, nothing you can even complain about. Because, as your boss said, he's the big cup, you're a little cup. If you and he don't get along, even though you maintain you did a WONDERful job, he can say he wants you out. He could, if he so desired, tell you to get out today, no suggestion about a job at another company, no move to another position here in this company, just "Leave, I don't think this is working out."

    It sounds to me like he's trying to be a nice guy. "This is so-o not on my job description!" rarely flies well with any job. And believe me, it will not play into your unemployment case. And they do not have to give you any kind of letter of termination. When you file for unemployment, the unemployment office will contact the employer and ask for the reason you were terminated. If you quit, you will have to show them a valid job connected reason you quit.

    If you really think this job in marketing with the same company will pay less, be less desirable, and you don't want to take it, do not work at it one minute. Because taking it, working a while and then quitting will totally eliminate the possibility of unemployment insurance. They won't be a bit interested in hearing about the job you used to have that they demoted you from, only your last job with the company.

    If I were you, I'd go check on the job with the other company. That sounds like something that might be a good alternative. Because even if you were to get approved for unemployment benefits, which doesn't sound terribly likely from what I'm hearing here, it would still be a lot less money than you'd make working anywhere.
  8. #8
    commentator is offline Senior Member
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    Quote Originally Posted by marlinx View Post
    Thank you....
    But.. are they legal to do that to an employee?

    They want me to leave voluntarily so they don't have legal issue with me. Then They can say " we offered, but she didn't want it." despite they're true intention is to get rid off me without a cost...I'm amazed that the law is protecting more employer than employees.
    They aren't going to have a legal issue with you whether you leave voluntarily or they fire you today with no alternatives. They might have an unemployment issue with you if they fire you, but likely won't if you quit. There may also be a problem with unemployment if you refuse the other offered job, if it is not significantly less money and less appropriate to you for some reason (like you were an administrator and they offered you a job cleaning the bathrooms or landscaping)

    Don't be surprised that the law protects the employer, it has always been so, most people believe they have more rights than they do. In your state,they have the right to terminate you any time for any reason.You have the right to quit and find another job. That's about it. Only in a very union atmosphere with clearly defined contracts do you have a "right" to exactly the job that is on your job description.
  9. #9
    marlinx is offline Junior Member
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    Thank you all for taking time to answer my questions.

    Eventually I'll leave the company, and I knew I'm not qualify the job that he recommended (Accounting Manager) it's out of my reach.

    To get unemployment benefit isn't my goal...I had a chance to claim it before but I never did. I was just checking out to see "if".

    Thank you so much for good advices.
  10. #10
    commentator is offline Senior Member
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    If you leave this job, either terminated or quit and don't have another job to go to immediately, you'd be crazy not to at least file for benefits. They are not welfare, they are insurance and you are legally entitled to them if approved. It costs nothing to file, and there is no downside to doing so.
  11. #11
    marlinx is offline Junior Member
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    AH....ok.

    Thank you for clarifying, I'll do that if I can't find another job immediately.
    Thank you, thank you!

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