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California Employment Advice sought

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  • California Employment Advice sought

    I'm deeply appreciative of any help you can offer. If you need more info, happy to provide it.

    I was told yesterday that I was being severed from my business development job at a Fortune 500 company due "to changing business needs and the need to eliminate my position." They're offering 11 weeks as calculated by my base salary of 140K. I've only been with the company for 17 months. I'm 37, white male, not a protected class, living in SF, CA.

    A few things to consider:

    1. I am the highest paid member of the BD team. They are in a budget crunch and looking to cut the bottom line.

    2. My total potential compensation (with bonus) should equal 200K-260K this year.

    3. This action is not motivated by performance. I have never received any formal corrective action, the letter doesn't cite performance, and my boss reassured me that's not the issue.

    4. This comes within weeks of the firing of our division president and our subsequent consolidation with another division. We've hired in other divisions though (we call on the same customers). One of the hires was in SF last month to a job co-equal to my own. Maybe apropos of nothing legally, but interesting.

    5. One other colleague of mine is being let go on the East Coast - and I suspect that his pay is 2nd or 3rd highest in our group. There were eight of us - now six.

    6. I currently have around 3.5 million dollars of my work "in the pipeline" for the company that they'll close out in 2010. Straight to their bottom line with no recompense to me. The perils of being paid by bonus, I suppose.

    7. I have 12.5 PTO days accrued; they claim they will pay only 5 and then subtract the rest out from what I would have been paid via severance (in other words, 11 weeks minus 7.5 days so that they're "meeting the law", but IMO subverting its intent). The dollar value of those lost 7.5 days is $3769.

    8. No offer to extend health insurance, straight to COBRA.

    9. Claim that I must sign my severance by March 12, 2010 or it goes off of the table.

    10. Calling it a dysfunctional work environment would be putting it mildly. A discovery process would be ugly for them.

    I'm not inclined to pursue legal recourse as a general principle (never have in my life), but I find the package weak. I'm curious if I might be able to get a better deal. However, that may just be frustration talking and I should move on.

    What are your thoughts?

    Thanks again for your help.

  • #2
    Duplicate thread - do not respond to - got a response under hiring & firing.
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