Any ways to get satisfaction after resigning?

Published on November 29th, 2016 by Alan L. Sklover

Question: Four months ago, I involuntarily resigned from my former job because I was about to be terminated after a dishonest Performance Review. I felt that my manager and HR both schemed, by all of a sudden lowering my performance review, in order to lower the number of employees, without paying any severance. I even lost my quarterly commissions. It was literally making me sick, but I decided that resigning was safer and more principled thing to do. Since then, I have gotten a new job, but it pays $20,000 a year less.

What happened to me still bothers me. It wasn’t right, I saw no other way out, and I have the feeling, deep inside, that they “got away with it.” Is there anything I can do to get at least some kind of satisfaction?

Terri
Lansing, Michigan

Answer: Dear Terri: This is not the first time I’ve received almost this exact question. No doubt a lot of people have felt the way you feel. There are several possible paths to “satisfaction,” depending on what “satisfaction” means to you. Here are my thoughts:
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FMLA – Great Tool to E-x-t-e-n-d Employment

Published on March 1st, 2016 by Alan L. Sklover

“ The cure for anger is delay.”

– Seneca

THREE BRIEF ACTUAL CASE HISTORIES: (1) Aquilino was a well known agricultural economist employed by an industry trade organization in Washington, D.C. His work visa was sponsored by his employer, and by the terms of his visa, if he was no longer employed by his employer, he and his family would have to return to their home country within ten (10) days. After a new Executive Director was hired who did not seem to be a “fan” of his, Aquilino had concerns that his position was insecure. Losing his job would entail Aquilino and his family having to depart the U.S. almost immediately. Aquilino and his family, however, wanted to remain in the Washington, D.C. area. Aquilino needed to find a new position before he might be laid off. He just needed some time.

(2) Margaret was a bond analyst for a large international bank. Over the years she had been awarded a significant amount of stock options. Each year, a large number of options vested. However, if she lost her position she would no longer be eligible for stock option vesting. In just six weeks, a very large number of stock options would vest. However, after receiving a poor review, she was concerned she might be let go before they vested. Margaret needed to remain employed for another six weeks. She just needed some time.

(3) Kevin and his wife had made all arrangements to adopt a child, which was scheduled to take place in about sixty days. At work, without warning, Kevin was placed on a Performance Improvement Plan (sometimes called a “PIP”), which contained a warning that, unless his performance improved “completely” in just 30 days, he could expect to be terminated. The problem was this: if he was no longer employed, the adoption process would come to an immediate halt. Kevin just needed to remain employed for 60 days, in order to complete the adoption process. He just needed some time.

Aquilino, Margaret and Kevin all managed to get the extended time on the job that each needed, and so all were able to navigate to get what they wanted, by making an honest application to each of their employers for a Family Medical Leave Act (“FMLA”) leave of absence. FMLA provides employees in companies with 50 or more employees up to 12 weeks of unpaid leave to attend to a medical or emotional difficulty, injury or illness, and the right to return to their position afterward. The law has widespread applicability, great flexibility, and very significant effectiveness – especially when you “just need some time.”

Aquilino had a teenage daughter with an eating disorder. Margaret had a mother who was in need of assisted living, but was living with Margaret while they sought a good home for her. Kevin’s wife was so nervous about losing out on the possibility of becoming an adoptive mother that she was having nightmares and difficulty eating. Aquilino, Margaret and Kevin each spoke to their family members’ therapists, doctors and health care providers, who in each case were willing to certify that each of their respective loved ones would benefit by having him or her spend more time with their loved one.

By extending his employment for 12 weeks, Aquilino got a new job, and his family was therefore able to remain in the Washington, D.C. area. By extending her employment, Margaret got the vesting of her stock options she sought. By extending his employment, Kevin and his wife got their dream come true: a baby son.

LESSON TO LEARN: You should not underestimate the utility of the FMLA leave of absence in your own work life or its potential to help you and achieve your own personal and workplace-related goals.

If you ever have a need to “e-x-t-e-n-d” your employment, and either you or a family member have a medical or emotional difficulty that would be helped by your having time off, please consider the many potential benefits of the FMLA law.

WHAT YOU CAN DO: If you need up to three months’ extension of employment, don’t hesitate to see if you might be entitled to a FMLA leave of absence. A few thoughts to help you if you do:
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“Who is your next employer? – How should I respond?”

Published on February 23rd, 2016 by Alan L. Sklover

Question: Hi. I’m trying to find out how to respond to management and colleagues who ask where I’ll be working once I tender my resignation. Any ideas?

Delia
Pawling, New York

Answer: Dear Delia, Your question is a common one, and one you are wise to ask, as well:
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“Can I decline a job offer I already accepted without ‘burning bridges?‘”

Published on July 1st, 2015 by Alan L. Sklover

Question: Please, Alan, I want to know how to write a resignation letter to a new employer who made me a job offer. I accepted it, but before I started the new job, when I resigned, my present boss gave me the same package to stay.

I want to keep on good terms with this company that gave me a job offer, and get consideration if this employer has a new job opening in the future.

Kimaryo
Dar Es Salaam, Tanzania

Answer: Dear Kimaryo: I understand your predicament, in fact, I was once in your situation, myself several years ago, as a younger lawyer. And because I have been an employer for over 30 years, I have been on the “other side” also. While you cannot be certain that the employer whose offer you accepted, and are now declining, will consider you for other jobs in the future, you can do your best to achieve that result. Nothing is guaranteed, except that if you do your best, that is the best you can do.
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“On FMLA. Don’t want to return, but want unvested stock. What can I do?”

Published on December 4th, 2014 by Alan L. Sklover

Question: I am currently out on Family Medical Leave Act (“FMLA”) to help my mother who is sick. I do not want to return to work after my leave time is over. However, I have a significant amount of stock that vests on December 31st and I don’t want to sacrifice this significant payout.
At the same time, I don’t want to burn any bridges.

If I give two weeks notice on December 22nd, which means my last day is January 5th, and my employer instead stops my employment immediately, is my last day of employment December 22nd or January 5th?

Thank you!

Don’t Want to Lose Out
Nashua, New Hampshire

Answer: Dear Don’t Want to Lose Out: You are wise to try to keep what was awarded to you for past service, and to do your best to plan your departure so as not to leave empty-handed. Your thoughts are on-target. Here’s my answer, along with a few other things to think about:
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Alan L. Sklover

Alan L. Sklover

Employment Attorney
and Career Strategist
for over 35 years

Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™".

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