Take it or Leave it

[jsprinkle60]

My manager has Parkinson's disease and during this past year has been slowing down. We are programmers. His manager is using the disease as a reason to force him out of his position. She now wants me to take over his duties. She told me that if I didn't take over his position (with a small raise) that I would have to find something else. I found another job at another company and gave my 2 week notice, saying that I gave it a lot of thought but that I'm turning down her offer. Since then she has been extremely nasty to me, sending emails saying that I haven't impressed her, and things like that. And this is only day 3 of my 2 week notice. How much of this do I have to take? Can I tell her to stop? Can I tell her what she's trying to do to my manager is wrong and that's why I'm leaving? I was trying to leave gracefully but she's not making it easy.

[cbg]

You can tell her anything you want, but keep in mind two things: (a) there's no guarantee that at sometime in future you may need a reference from this company and that she might have input into it and (b) nothing you have described THAT SHE IS DOING TO YOU PERSONALLY is illegal. You need to be careful about burning your bridges.

It's hard to say if she is acting illegally with regards to your manager or not. While he cannot be targeted for dismissal or layoff BECAUSE he has Parkinsons, you say yourself that he is slowing down. If he is unable to perform the essential functions of his position with or without a reasonable accomodation, the company is not obligated to continue to employ him. There is going to come a time when the cord has to be cut. Whether that time is now or not, is unclear.

[jsprinkle60]

Thank you. The problem I have with the whole thing is that he has slowed down physically, but still performs his duties, it just takes longer. And because they both have such a hateful history it just was something that I didn't want to get in the middle of.
So basically you're saying she can say anything she wants to me and because I may or may not need her as a reference I should just suck it up?

[cbg]

No, that's not necessarily what I'm saying. I'm saying that this is a decision that only you can make, and I'm pointing out a factor that you need to take into consideration before you make it.

[jsprinkle60]

I do thank you for your responses. I'm sorry if I sounded a little argumentative, I wasn't trying to be.

[cbg]

Not to worry. I understand that this is an upsetting situation for you.

[jsprinkle60]

I'm trying to leave as gracefully as possible. I'm being told now that if I don't go to the exit interview with my VP that they will hold my last paycheck. Can they legally do that?

[cbg]

No, they can't.

But you can make the whole thing a non-issue by going to the exit interview. This sometimes provides your only means of getting your objections on record.