Follow up about my layoff last week, please help!

Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:OP here, thanks everyone. I will ask to see the form and see what happens. My direct manager seems to think it would be "rocking the boat"


Agree with the other PPs. Still ask. Also, my company has various caps to PTO payout (based on levels in the org). We state the payout limit in bold in the handbook. No one remembers by the time they leave he organization so we frequently have to provide the employee with proof. It's not a big deal for HR to produce it. And most likely your severance agreement will say you are releasing all claims so you will lose the right to claim this money later. I know other mentioned this in your prior thread but, based on your age and the number of people being laid off, you have 45 days to sign the agreement and then 7 days to change your mind.


OP here and thank-you. So I know this may sound simple minded, but I am still somewhat shell shocked by all of this. If I have 45 days to sign the agreement, does that mean they would not start paying my severance until I sign the agreement?


Yes. You have to agree to the terms before they release the severance. I don't think you'll need the 45 days but you should take a few days to read the document, consult with an attorney (if you feel the need), and also take the time to run down the PTO issue.


Thanks, I appreciate your reply. I sent the email today and have not received a reply yet.....


You're welcome! Keep us updated - happy to help where I can. And don't hesitate to reach out to the MD Wage and Hour office to ask for clarification on the payment of accrued leave.


I can't tell you how much I appreciate the support. I found a copy of a letter that was sent from HR. When we transitioned to the new company last year, our PTO earned from Company1 was put into a special bank. The letter states that bank would expire 1/1/2017. Then we would follow the company's regular PTO policy. It says that we would not carry over any hours from that bank into 2017. Then it states "nor will you receive a payout for any positive balance at the end of the year or at the time of your termination."

I think it is worded vaguely and seems to be referring to the Special PTO bank, not PTO in general.
This along with the fact that in my meeting with HR I was explicitly told I would get my PTO makes me wonder if they even know what the heck they are doing.

What do you think?
Anonymous
OP, the short answer is that if it's a matter of interpretation, you have anywhere from a short skirmish to a full on war on your hands, depending on how you both want to handle it. How many PTO days are we talking about? I would maybe reach out and ask them to split the difference and bury it in the severance package (like if you think you have 4 weeks of PTO to be paid out, just ask them to bump up the severance by an extra paycheck - something like that)? It depends on how much it is obviously - but they can probably do something like that more easily than change the entire PTO policy. They don't want a battle over the policy, and practically speaking, they have the most leverage right now.
Anonymous
OP here. Thanks for your reply. Whoever you are, you are very generous to share you knowledge and expertise with me.

The options then are:

1) Just let it go and move on. Pros/cons: I can start to focus on moving forward, but take the hit of the loss of $2000.00 earned PTO.

2) Send email to HR with my concern and ask to split the difference: Pros/cons: at least I will have tried, CON: is there any way they will try to take it out on me?

Any further advice is greatly appreciated
Anonymous
PP - I guess I'm a little unclear as to where you are in the process. Do you have a package that has been fully presented to you? Did you sign anything? Are you a singular layoff or part of a group?

What do you need/want from them (besides the cash)? Why are they doing this - is it contractual or out of the goodness of their heart?

Only you know how much you can push back on this, I'm not sure what you mean by try to take it out on you. Nobody is going to slash your tires, you asking for clarification is not an unreasonable thing and happens quite frequently even.
Anonymous
Anonymous wrote:
Anonymous wrote:
Anonymous wrote:OP here, thanks everyone. I will ask to see the form and see what happens. My direct manager seems to think it would be "rocking the boat"


This smells fishy, especially if they are saying you signed an acknowledgement and you didn't. Would you manager have screwed you over?


OP here. In this case I don't think it would have been intentional. Our company had just been bought out by another company and the managers were overwhelmed. It would more likely by an oversight on their part. That manager was laid off last year, shortly after we were bought out.


HR Director here, my guess is you signed an annual acknowledgement of the employee handbook, which contained the new policy. I highly doubt they had everyone in the company sign something specifically stating that policy was changing. If it's just a handbook acknowledgment and the correct policy is in the handbook, you don't have any recourse and the HR person is just an idiot for not knowing his own policies.
Anonymous
Anonymous wrote:PP - I guess I'm a little unclear as to where you are in the process. Do you have a package that has been fully presented to you? Did you sign anything? Are you a singular layoff or part of a group?

What do you need/want from them (besides the cash)? Why are they doing this - is it contractual or out of the goodness of their heart?

Only you know how much you can push back on this, I'm not sure what you mean by try to take it out on you. Nobody is going to slash your tires, you asking for clarification is not an unreasonable thing and happens quite frequently even.


I think this is the question that determines how much leverage you have. If they're just handing out go away money that exceeds the value of your PTO I don't see why they would be inclined to give you more money.
Anonymous
OP here. Thanks everyone. They did not produce any paper I signed but did produce the new updated PTO policy so I don't think I have any recourse. I agree the HR director is an idiot for not even knowing the policy herself (or reviewing it prior to our discussion). The severance is out of the goodness of their heart, there is no contractual obligation. So I am just going to shake this off and move on.

Again, thanks to all of the posters here who have been so helpful and informative.
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