Re: An ugly job incident

[Tim Altom <taltom -at- SIMPLYWRITTEN -dot- COM>]

>
>The next day I went into work and asked somebody from HR to sit in while I
>met with my manager. The manager accused me of walking off with company
>documents and stealing several items that I did not (like software and
>books). I was told that I can't throw anything away without permission; I
>answered by saying that they shouldn't put trash cans and white paper
>recycling bins everywhere then. Each individual accusation was clearly
>answered and proven wrong. But I was let go anyway under the excuse of
>corporate restructuring. Eleven of my coworkers were let go a couple of
>hours later.
>
>They told me my severance pay depends on my manager determining that I
>didn't steal anything. I won't know if I get my severance pay until the end
>of this month when it will be deposited in my account.
>
>Questions:
>
>Do you think I was wrong to throw away notes and old edited documents?
>Have any of you had something similar happen, like being accused of
>stealing?
>Do you think I have legal recourse if I don't receive my severance?
>Is this a clear case of defamation of character?

The legal questions are dependent on what state/country you're in. In
Indiana, USA, defamation is a hard nut, because you have to prove that the
lie was intentional, it was broadcast to people who shouldn't hear it, that
it isn't true, and that it actually hurt you in some way other than your
feelings. It doesn't sound as though you'd pass that test.

I'd suggest to you that your company is panicky. Layoffs are never pleasant
times, and for paranoid managers, layoffs are triply terrifying. Business as
usual gets to looking suspicious. At one company where I contracted,
employees being laid off were summoned to HR, given a security guard, and
escorted back to their desk. From there, it was out to the car and away.

This may be one of those cases where you'll have to duck and run. If you've
laid your foundations prudently with some other companies and maintained
your network contacts, you should have no problem getting a job.

The severance is more problematic. Whether you fight for it depends on the
size of it, and how pugnacious you feel. You know you're gone anyway; the
only question is how you'll leave it. My glands would tell me to leave blood
on the floor, but my cerebrum would probably counsel going home to kick the
furniture instead. In my experience, it's often prudent to just consult a
lawyer and have him write you a letter on your behalf. Most companies, at
least at the higher, more pragmatic, levels, don't want to write big checks
to their own lawyers to defend a few thousand dollars. That is, unless the
company is already so deep in doo-doo that it doesn't have even that much to
give you. The chances are very, very good that you'll get your severance
eventually. The company would probably spend more in legal bills than they'd
save.

I think I'd get up, act like a gentleman, and inform the HR person that
you've given much to that company, but if they insist on treating you like a
criminal element, they should either call the cops or give you your
severance. Then I'd clearly tell them that if the check didn't arrive, the
company would receive a letter the next day from your lawyer. Then I'd leave
and kick something on the way to the lawyer's office. It's always impressive
when a threatening letter arrives just hours after a claimed breach. Don't
wait. Have it ready to go. You can always call the lawyer's office and stop
it from hitting the mails.

That being said, you should spend some of that severance on some counseling
to get over this event. This kind of thing can stick inside you for years if
you let it. Even the strongest of us can get ulcers from such occurrences,
especially if we were honest and expected loyalty in return for it. In my
case, I think my suffering in such straits would be more emotional than
anything else. Unless you're a skilled sniper, you probably have little
recourse against those who have wronged you. So it's onward and upward, and
maybe down the road that manager will come to you for a job.

Tim Altom
Adobe Certified Expert, Acrobat
Simply Written, Inc.
The FrameMaker support people
Creators of the Clustar Method for task-based documentation
317.899.5882
http://www.simplywritten.com

 From ??? -at- ??? Sun Jan 00 00:00:00 0000=