236

The Employee View No, you do not. Companies often want you to sign things at termination (noncompetes, IP agreements, NDAs, promises not to sue them...). These agreements are ubiquitous especially in tech jobs in the US. You are asked to sign them at employment, which you have to do or not get employed. Then you are asked to sign them at termination (or ...


162

While I won't answer the original problem directly I wish to tackle something tangent to this. And I feel it is important enough to warrant an answer and not a comment. From a comment (and the post) it is established that GPL'ed code is modified and distributed, without distributing also the modifications: We are selling a product with a "custom linux ...


151

This situation is spiraling out of control out of anger and frustration. I can't speak to the legal aspect, but it should not have gotten to this stage. You basically gave him nothing in negotiation and then now that he wants to leave, you are acting to trap him in his current position. He is a wounded animal fighting back. The promotion (we'd consider ...


128

TLDR version: You absolutely should give him this empty promotion with the promise that there will be a stated goal (and activity) towards making it not empty in the future. You should thank Gus for his honesty. You should be fighting to keep this guy for this kind of honesty. The fact that he feels safe enough to share these exact thoughts with you is a ...


120

Is this misconduct on his part? Surely he shouldn't be saying that.. Don't know if "misconduct" is the word but surely this is something unprofessional to do. However, I fear that the point here is that you were hinted that you may be getting fired soon, so I would be preparing my resume and start applying to jobs ASAP.


116

You don't know how your opinion will be portrayed. So, you are right so far, do not pass a direct judgement/opinion. Instead, stick to the facts. Instead of talking about someone in particular (finger-pointing), talk about problems and possible ways of improvement. If you're asked whether you want her to be replaced, you can take the following approach to ...


111

Obviously, the result of one of the interviews was the engagement of your replacement, somebody cheaper perhaps. There's not much you can do. In the USA, either employer or employee can end an employment instantly for no reason at all. You could contact your former employer and explain that if he ever tells anyone else that your till was consistently $5....


110

You're reading a lot into his behaviour. Sure, those could be signs he's about to quit, but they are more general signs of unhappiness. It could mean trouble in his personal life, dissatisfaction with his job that's not bad enough to quit over, poor mental or physical health, or something else. Unless his performance is falling below acceptable, then as a ...


105

Can I improve my view on this issue? Get a new job and then quit. Don't wait to be fired or try and get fired. That looks bad on your CV in the future. Whereas it's perfectly fine to accept another job. Once you have decided on a course like this and started seriously implementing it, your focus and priorities will change. The things that are frustrating ...


100

Unless the issue is being followed up on by the police, the matter is closed. Fast food is entry level work and presumably you are seeking to obtain similar work, so just leave the job off your resume and apply to other places. You may want to change your username for this question, as I Googled the name you have and can match certain identifying ...


88

I can't see the advantage in you waiting - if you've been laid off, you presumably want to find new work as quickly as possible. As you say, company A (or any other company) may well not be prioritising hiring at the moment, and as such you may struggle to gain traction - but you won't know unless you apply. If it were me in that situation, I would be ...


83

I know you did not ask anything on behalf of yourself but humanitarian considerations compel me to strongly advise you to avoid hanging around anywhere near the ass end of your company because that is where it is about to be badly bitten. Your company has made some serious blunders. Not only have they irreparably mangled their relations with their ...


82

I don't think the employee did anything wrong beyond forgetting to ask for hard copies. In addition, this client seems like they were already primed to leave. Your employee made one clear mistake (although not a major one) in not being clear that a hard copy of the information was required. The rest seems perfectly within the range of acceptable behavior. ...


76

You mentioned that she performs well in sales and as the face of the company. At the same time she is not the right person (anymore!) for development. So the company has a high profile employee that currently has the wrong task for historical reasons but has important qualifications in another area. If she started to develop the product, I guess she is ...


75

I'm legally obligated to provide 3 weeks of severance. Then it seems to me that the answer is clear: give your 3 week notice, serve it, get paid and leave, take good use of that time to recover from burnout and then start your new job with a fresh mindset and energy. To my point of view, framing this situation so they fire you in order to get more money ...


72

You no longer work there, so unless you had a prior contractual obligation to sign this they can't make you do anything. I'd actually be really cautious about signing this. As I understand this, the new agreement applies for 12 months from when you sign it, not 12 months from when you quit. That may actually be why they waited six months. Check what your ...


67

What are the potential ramifications to me if I decide to take their offer of being terminated? Seems like your company is being very nice. I see no significant downside to taking the offer of severance. You will have to indicate you were fired, if asked during an interview. But you could also explain the offer you took. Make sure you are fully prepared to ...


64

Speaking as someone who's been in a somewhat analogous situation to Gus here, denying them the promotion will make them much more likely to leave than just giving it to them. They want it. They've earned it. They're willing to compromise with the company given the situation (no salary increase) in order to get it. If they can't get it from your company then ...


53

This is a huge, horrible mess. Promoting you to make you fail is called constructive termination ... And it's the oldest trick in the book. A company can't get someone to quit, and can't lay them off (for some reason). So they setup the employee to fail. they send him out on an urgent job with a minor piece of safety equipment broken, then fire him for ...


53

Initially, I added this as a comment, but I think that it warrants a full answer. The company is offering you 2 and a half months of pay, plus a month of health insurance. This means that they're also paying all the associated costs and taxes that you don't see. (The offer to stay on company insurance is bogus as COBRA takes care of this). In return, they ...


52

No, as you don’t know how long this will last. There are estimates that predict this will last 18 months. Find a place to wait out the storm. There could easily be a stampede of applicants as jobs disappear.


52

Try to choose an employer that might background check differently. I am good friends with all my past bosses, so I have been able to glean some insight into how background checking like this might work. For the bank, it was very formal process where they hired a company to go through my resume and look at the various things I had put down. My references/the ...


45

Don’t retaliate against Francis. Talk to a lawyer. Your company has been breaking the law with regard to your violations of the GPL, and now one of your employees wants to become a whistleblower. You’re already going to be in enough legal problems from your violations of copyright law; the last thing you want is to get in even more trouble from breaking ...


45

One thing that hasn't been addressed in other answers is that in the US, employers often try to attach a 'cause' for termination in order to not have to pay unemployment. If an employee is terminated without cause (e.g. laid off), the employer will be responsible for paying their part of unemployment payments to the employee. Unfortunately, many times the '...


42

Don't jump to conclusions. The incident that you mentioned may not actually be what caused the potential employer to decide against you. Step one is to inform yourself. When a negative decision about you is made because of a background check or credit check, they're required to provide the name of the company that performed the check. You have the right to a ...


40

Is this misconduct on his part? Yes, it is. He most certainly should not be discussing that with his subordinates. But at this point does it matter for you? Surely you will be fired regardless if the information being shared with you is accurate... My advise to you would be to ask your line manager directly, without revealing your source. If you are ...


38

You don’t have to sign anything. Since there is no upside to you for signing, and possible downsides, I very, very strongly recommend that you don’t sign anything. If the letter said something like “in return for receiving £10,000 severance pay etc.” then you would think about it. And that is all.


37

So... right now, you want to be fired, rather than quitting - so that you can get the unemployment, so that you have the space to rebuild yourself psychologically, and then shape a life that isn't so toxic. One of your biggest problems is that your boss is insisting on you working large amounts of unpaid overtime. These two problems? They solve each other....


36

The question isn’t what the company should do, but what you should reply to a major investor. Not the same thing. So take my reply as “what you should say” not “what the company should do”. Of course she shouldn’t be fired. She is doing an excellent job in sales. But you don’t think she is quite the right person for her current position. She is not a very ...


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