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***Job eliminated and got unfair treatment than others*** Texas

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  • ***Job eliminated and got unfair treatment than others*** Texas

    My company got acquired this year. Before the acquisition was completed, some employees got transitional offers, some got permanent offers. Besides the severance pay, a transitional offer recipient would be entitled to an additional transitional retention bonus of 1 month base salary for every 4 months worked from the acquisition date until termination date (1/4 extra pay).

    I was offered a permanent job and I accepted. But after 8 months, when all of my department’s function are transferred to the new headquarter, my job is now eliminated. The company now just offered me the severance base on their policy, but I felt my job should be offered as transitional, since there was no plan to keep my job at the very beginning.

    I believe I am entitled to the 1/4 extra pay, and I wrote an email to the HR to have them considered giving me the retention bonus. They now replied to me and saying my job was “at will”, and the job was “intended a permanent position; however, due to changed
    circumstances, the position is being eliminated.”

    I think I am being treatment unfairly and I want to know if I have the argument to be entitled to the similar pay as the other “transitional offer recipient”.

    Please advise. Thank you very much.

  • #2
    It seems your job was intended to be permanent but due to changing circumstances
    (which do happen), it was eliminated. Unless you have a binding employment contract
    guaranteeing you add'l. pay, I don't see where you are entitled to the additional compensation. (bonus)

    You can hold for other replies.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      If you are looking for a law you can invoke that will force them to give you the transitional plan, there isn't one. Texas is not one of the three states where severance is ever required by law, and even in the three states where is sometimes is, it would not be required in this instance. So if they're offering you severance at all, they're doing more than the law requires.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Thanks, cbg, for verifying. I didn't see either where they had to give OP the transitional plan benefits.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #5
          So, does it mean they can treat any employee anyway they like, with different kind of pay? What if I suspected they discriminated me because of my race.

          We had been transferring the duties to the new head office since the acquisition. Most teammates were offered a transitional offers, except couple of us. One full time teammate was let go after 6 weeks, another were told he will not have a job after 10 weeks, and he got one extra month other than severance, plus he got the notice 2.5 months ahead. I not got 7 weeks ahead notice, and only the regular severance. They did not take any action to show the a permanent job will be available to me in this location.

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          • #6
            They are not required to show you anything. And yes, employers can treat employees any way they like as long as they are not violating any laws. Nothing you have posted suggests that they are violating anything. Giving you a lesser benefit because of your race is illegal. Giving you a lesser benefit because you think they've known for eight months that they were going to eliminate your job and they say they didn't, is not.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              But my direct supervisor agreed a transitional offer should be extended, does it make a different?

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              • #8
                No. It does not. His opinion does not a law make.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Be very careful, if you make waves, they can just fire you without any severance.
                  I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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                  • #10
                    Originally posted by Alice Dodd View Post
                    Be very careful, if you make waves, they can just fire you without any severance.
                    Yes, I understand that. Thank you for your reminder.

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