You are here

OT - Petty Employers Laid Me Off (I think) w/o notice

Lillywy00's picture

So I have yet to get an answer from my sociopathic managers regarding my employment status since Monday when I went to log in and saw a blank schedule. 
 

I did email Human Capital to ask them about severance pay and they emailed me back with a "transition guide" 

Bruh ... wtf?!? 
 

Idk if it's legal to just lay people off with no notice but I'm considering consulting with an attorney about this for multiple reasons. 
 

My question is since no one has yet said "this is your last day" in writing ... should I log on really quick and try to screenshot every shred of evidence I need? 
 

Comments

Lillywy00's picture

I want to log in and snap convos with the manager and my pto which shouldn't take me more than 5 minutes (if I still have log in access)

Lillywy00's picture

Agreed and before I lose access. I know my manager is there now and probably stalking the log ins. I'm going to do it when I think she's logged off. 

ESMOD's picture

Look.. who cares if she knows?  If they are going to fire you.. or have fired you.. they will be terminating at any given moment.. you don't have the luxury of trying to do it so she won't know you logged in. 

It could be just sitting on an IT guys desk to get to after lunch.. don't wait.

Lillywy00's picture

Eff these sociopathic managers. 
 

I still have log in access to my benefits portal .... so ima ride this out as long as I can. 

ESMOD's picture

It will depend on where you live.. if you had an employment contract etc.. whether they have to give you any notice at all.

BUT.. did your Human Capital (assuming same as human resources).. confirm you were in fact terminated? or did they just send the generic package that everyone would get who WAS laid off?  

If you still have access.. there is no reason why you can't get screen shots of whatever you need.. but if you have been terminated.. I would think they would cut off your access.

In my state.. an employer can terminate your employment for ANY reason that is not a protected reason.  They can fire me for doing a bad job.. they can fire me because they don't like the color shirt I wore on Tuesday.. it doesn't have to be a "good" reason.. as long as they didnt' terminate me Because I am a woman.. or over 45.. for example. They don't have to give you notice either in my state.. they can walk you right out the door.

Having asked to take FMLA does not protect you from being laid off or terminated.. unless they are terminating you BECAUSE you applied for it.. but you do get into having to prove that.. and if they had any issues with your work?  it will be no problem to prove they rightfully terminated you.

I know it's tempting to want to go after them.. and if you truly feel you might have a case.. you can get a consult with an employment atty.. but it could be expensive and if your industry is small.. it can potentially brand you as a troublemaker.. so I would proceed with caution.

Unfortunately.. the best path forward is to just go out.. get a new.. better.. job and live your best life.  The good thing is you didn't like working there.. but I understand you would have rather  had time to figure things out.  You probably would be eligable for unemployment benefits as well.. so def look into that.

But.. if no one has terminated you.. then maybe you haven't been? Maybe asking your manager point blank is the right thing.. since it's usually communicated with an employee when they no longer have a job.

Lillywy00's picture

BUT.. did your Human Capital (assuming same as human resources).. confirm you were in fact terminated? or did they just send the generic package that everyone would get who WAS laid off?  

That's where my mind started spinning like is this specifically for me or a generic email written by AI or something

 

Having asked to take FMLA does not protect you from being laid off or terminated.. unless they are terminating you BECAUSE you applied for it.. but you do get into having to prove that.. and if they had any issues with your work?  it will be no problem to prove they rightfully terminated you.

THIS is where I'm confused - around the same time I filed for FMLA is when the manager wrote me up and started peppering my files (really petty sh*t) and I questioned

  • why she was writing me up for taking pto when I have proof I notified her but SHE intentionally ignored my approval request then tried to gaslight me saying she had multiple work emails i must have sent it to the wrong one 
  • why she 'coached' me about attendance then 2 weeks later wrote me up for the.exact.same issue with no time to improve the matter
  • why workforce incorrectly marked me absent multiple times which I showed her and workforce was incorrect but was yet again ignored

 

Unfortunately.. the best path forward is to just go out.. get a new.. better.. job and live your best life.  The good thing is you didn't like working there.. but I understand you would have rather  had time to figure things out. 

Yeah part of me is like eff them and not even focus on them - that company will implode and those managers will reap what they sow but the other part of me is like they are dead wrong and if I can prove it I will .... I'm going to take a day a reflect on all of this 

 

But.. if no one has terminated you.. then maybe you haven't been? Maybe asking your manager point blank is the right thing.. since it's usually communicated with an employee when they no longer have a job.

I actually would have been okay with a furlough (provided the company informed me of such) then coming back to working for different managers on a different project but if they're laying me off/terminating me without notice is effed up I would have just left on my own accord the moment the manager started her narcissistic power trips weeks ago. 

I may just suck it up and ask the manager ... ngl I loathe that itchB rn

ESMOD's picture

It is going to be tough since she appears to have documented issues.. even if you think they were petty.. 

If you did, in fact, take PTO without approval.. then that is probably an issue..because in the end.. you don't have proof your PTO was approved.. even if you requested it.. and it might be because she was disorganized that she didn't address your PTO requests.. but taking time without approval was apparently an issue.

Re the attendance issue.. if you got a write up.. then had no missed time.. and 2 weeks later got the same write up? that's something you should bring to your HR's attention.. if you missed any time during that period.. well.. even if the time may be for a technically good reason.. in the end.. they have a job to do .. and when people don't fill their shifts.. it becomes a problem.  We had to fire a woman once for calling in sick several times a month.. oh.. and mind you SHE was not sick... her HUSBAND had migraines and couldn't watch the kids.. so she would stay home.  Her warning was.. figure out your home life situation.. but if we put you on the schedule we expect you to show up.. she couldn't .. so she had to go.

In the end.. when you start seeing them put you on a corrective action plan of any type.. your days are numbered.  The underlying reason might be they didn't like you.. or that they thought you wanted too much time off.. thought the FMLA request was unwarranted.  By law they had FIVE days to respond to a request for FMLA and let you know whether they approved it as FMLA or not.  I am not sure if the time you requested was to go seek therapy sessions.. or if it was just time off (I don't think the latter is a qualifying fmla leave though).. but they should have responded.. and THAT might be an issue that could be addressed with a lawyer.

 

 

Lillywy00's picture

taking time without approval was apparently an issue.

Psychopathic companies be like..... "don't use your pto (I own every second of your time and you need to be working for me plus the longer youre here the more chances I have to write you up for breathing the wrong way)" 

then 

Psychopathic companies terminate you ... "Oh btw we're not paying out your accrued PTO"

 

Literally cannot win for losing with these people

 

advice.only2's picture

I think you need an e-mail with your boss, the next level person above your boss, HR, and ask point blank if you have been let go since your schedule has remained blank all week and e-mail conversations with your boss and HR have been unable to provide you with clarification.  Put read receipts on all the e-mails so you will know when each party has looked at the e-mail. 

thinkthrice's picture

I can tell you I've been laid off a few times without notice.  Usually after a merger they take you into a room on a Friday and say something like "our metrics can't justify your position anymore" then shove a box at you, have security goons standing over you and you have 15 minutes to pack your shit and leave.

Lillywy00's picture

then shove a box at you, have security goons standing over you and you have 15 minutes to pack your shit and leave.

OMG .... goons, thugs, gangsters, corporate crips .... yep sounds familiar 

Lillywy00's picture

Agreed. I heard from the water cooler gossip that my manager and her manager were looking for other jobs. 
 

not sure how true it is but this coupled with previous chats I read about people getting laid off is kind of making sense now. 

Rags's picture

I cannot fathom a no notification at all RIF.  Hopefully, you are retained and a key performer in their path forward.

At the very least when I have released someone due to a RIF, it was a group announcement that it was occurring and comminication to the employee was 1:1.

When terminating for cause, it has also been a structured process done f2f.  From an ease of process perspective, leading large workforces via a resident services contract a single release with the message "You are not fired but you no longer work here." is as easy as it gets for leaders.  That only occurs when a client calls you to tell you to "Get (NAME) off of my plant now.".  Then the follow up is key once a badge and client/company property is collected.

Lillywy00's picture

I cannot fathom a no notification at all RIF.  Hopefully, you are retained and a key performer in their path forward.

I hope so. 
 

I know I shit talk on here but I actually put effort into doing my best. 
 

If this is a furlough I'd be cool bc I can keep my subsidized benefits. But if it's anything else I'll be highly irritated. 
 

Either way like y'all mentioned I'm going to enjoy my best life (do all the things I was unable to do bc they wouldn't let me use my pto and was so drained after dealing with the shenanigans) .... until the reality sets in in a couple days that it's back to the grind!

Rags's picture

Been there. Minus the security escort.  During RIF actions I had enough view of industry and company performance that I made sure not to have any personal items in my office that I could not pack in less than 5mins.

I have also been the PM for preparing for and performing large RIF actions.  I hate that.

Do not be that person.  After the RIF, guess what?

Now, I do not bring stuff to my office. Just my butt and a backpack.  I can leave everything company provided on the desk and walk to my vehicle upon notification.  I also do a full work product and e/m backup to a Terrabyte USB drive ~monthly.  If it is a high action period, I do it daily or weekly. The structure I am mapping and implementing now in my new role, is all from past work product.  All I am doing is mining and editing past work

Hopefully, never again though.  My most ardent goal is that this is my last rodeo and it goes 5-8yrs.

Knock on wood.

Lillywy00's picture

During RIF actions I had enough view of industry and company performance that I made sure not to have any personal items in my office that I could not pack in less than 5mins.
 

Same. When I worked onsite and I had a gut feeling my employers were laser focused on trying to get rid of me (Incompetent insecure manager who was scared I'd outshine her) I made sure to discreetly pack EVERYTHING off my desk so I could promptly walk out when it was time. 
 

The next day that itchB called me to a "meeting" I replied to her and her enabler telling them the meeting was cancelled, get someone else to do it, that was my last second being at that place and casually walked out. 

Lillywy00's picture

That's good you had your backups and hard drives... I should have taken screenshots of everything the moment that sociopath started peppering my files. 

Rumplestiltskin's picture

I've heard of these things happening, where employers let people go but are too afraid to address them directly. There have been several videos circulating on social media of mostly young-ish people saying they have been fired but the way they found out about it was confusing. It sounds like it may be a blessing. If the company was disorganized and toxic to the point you had to take FMLA for stress, it's not a good job for you to have. If it's a RIF, you should at least get unemployment to help you through finding a new job and maybe take some time to focus on getting your mind right. It's been a stressful few months. 

Lillywy00's picture

It sounds like it may be a blessing. If the company was disorganized and toxic to the point you had to take FMLA for stress, it's not a good job for you to have.
 

Agreed!