Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

personal improvement or termination or mutual severance Texas Texas

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • personal improvement or termination or mutual severance Texas Texas

    Hello
    I am in Texas, currently employed, engineer in technology company, 9 years experience, over 40yrs old, female.
    Market pressures, economy downturn has done lots of ugly things to this place, zero raises, zero promotions and "role flexibility" causes remaining employees to soak up extra work previously done by others.
    company has selected 5% of what it considers worst performers, I am one of them and have been told If I do not meet stiff improvement requiremenst I would be let go without compensation, most of them include expanding to additional responsibilities.
    If I fail these "improvement requirements" and get laid off without compensation...do I have grounds to sue them?
    Or do I talk to them ask for a polite severance now that would also include not working for competition?

    I have noticed from reading on this forum...most are anti-lawyer, but have any of u seen lawyers increase compensation in cases like this?
    Or do I just prepare for TX Uneployment if the improvement is not met?

    thanks

  • #2
    If I fail these "improvement requirements" and get laid off without compensation...do I have grounds to sue them?

    Not even close.

    Or do I talk to them ask for a polite severance now that would also include not working for competition?

    A company that is in the kind of financial straits you describe probably does not have money for severance, which is NOT required by law, and has no incentive to offer you any.

    have any of u seen lawyers increase compensation in cases like this?


    What gives you the idea that you're entitled to increased compensation? And no, I have not seen a lawyer get increased compensation in cases like this.

    If you are being paid the higher of state or Federal minimum wage times hours worked, plus time and a half for hours over 40 in a week, the law is satisfied and will not require the employer to pay you anything further.
    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.

    Comment


    • #3
      If you get terminated, the only thing you can do is apply for unemployment ins. The state will decide if you qualify for benefits or not.
      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


      • #4
        If I fail these "improvement requirements" and get laid off without compensation...do I have grounds to sue them? No.

        Or do I talk to them ask for a polite severance now that would also include not working for competition? You can ask but I see no reason why they would agree to offer you severance if you resign. If you're a poor performer in your employer's opinion, they likely wouldn't care if you went to work for a competitor.

        I have noticed from reading on this forum...most are anti-lawyer, but have any of u seen lawyers increase compensation in cases like this? Anti-lawyer? Regular responders here frequently suggest posters see an attorney when legal counsel/representation is necessary for the poster to properly pursue their legal rights or have an expert opinion.

        Your employer has not done anything remotely illegal. If you are terminated, you may file for unemployment benefits. That's all.

        Comment


        • #5
          Others have already answered your questions, but I did want to note one thing:

          Market pressures, economy downturn has done lots of ugly things to this place, zero raises, zero promotions and "role flexibility" causes remaining employees to soak up extra work previously done by others.

          Your company is not the only place this is happening. You have been in one place for 9 years, and may be completely unaware that this is the new normal.

          Your best course of action is to improve your performance dramatically, but consider searching for another job, too, in case they are not impressed with the change.

          Good luck to you.
          Last edited by J.J. Brown; 04-30-2012, 10:38 AM. Reason: spelling fix

          Comment

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X