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Does anyone know any employment law?
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Does anyone know any employment law?

My company recently told me and three others in a room full of people that our jobs were "at risk" (redundant) Are they allowed to tell us so publicly? Plus the business isnt in trouble they justr want more money can they do that? Then the person who told us went away for two weeks leaving us no news on our jobs. Turns out the MD knew nothing about the job losses which seems odd to me. Anyway The woman came back from holiday and rather then tell me if i had a job or not first thing she told me was having a go at me about somthing i forgot to do. So i said "i thought you were going to tell me about my job" and "this is a joke of a company" and gave them my notice(one month). Now I have a "grievance meeting" on wednesday. How should i play it?


    




tiggerbeeuk
Rating
Yes they can tell you that you are at risk publicly.

This does not necessarily mean that you are redundant - for instance there may be one job in future instead of 4 but the competition for that job would be limited to the 4 of you.

The business can do this at any time, but there should have been a consultation period for all concerned to have a chance to respond. You might possibly have been able to suggest an alternative scenario to the business advantage.

As for the grievance meeting, if you are resolved on your resignation then play it cool. Your next employer will want to seek references, and there may be direct questions on any outstanding disiplinary matters, so aim to make sure they don't have a case against you. Perhaps apologise for the tone of your comments, but explain that you had been left scared and without support by the company. It is you that has a grievance against them for not providing you with timely information and support.

If you need to pursue this further speak to a union rep, or if there isn't one in the company, a local citizen's advice bureau.


fengirl2
Who is the grievance against - you or the person who manages you? You need to be clear! Have they treated your comments to your manager as a grievance? If so, there is a chance it can be resolved by her apologising to you, or whatever, and saving your job.
Or, has she taken out a grievance against you for some reason?
You need to be clear on the situation and get a copy of your company's grievance procedure. You have the right to be accompanied.


WonderLaw
Rating
You do not say where you are. The following assumes you are in the U.S.

Odds are you are an "at will" employee. This means you can be terminated for any reason or no reason, including a false or "made up" reason. Moreover, you can generally be fired with little notice. You have described several instances of poor management. However there is nothing unlawful about managing a business poorly.

You clearly believe you are on your way out. Your termination is almost certainly legal. You need to focus on questions like: Are you going to need or be eligible for unemployment benefits? Will you get a good reference? When will your last day be? Will you be paid for unused vacation? The only one of these you likely have any legal entitlement to is unemployment, discussed below. References, vacation, severance are all things the company controls with little outside regulation, though you may be able to negotiate more favorable terms.

I'm curious as to why you put in your notice. Do you have another job lined up? If not, the only thing you have done by giving notice is assure that you will likely not be eligible for unemployment benefits. If you care about being able to collect unemployment insurance, I would immediately and in writing advise your employer something similar to the following:

On [date] I gave you notice of my intention to leave the company on [date]. At the time you had publically announced that my job was redundant and would likely be eliminated. Frustrated and in need of certainty I submitted my resignation which has not been accepted. I hereby withdraw it. I am not happy about the careless way in which the subject of my continued employment has been handled, but I have enjoyed working for [company name] since [start date] and particularly with [name of closest associate], and I do not want to leave needlessly. I hope that we will shortly reach an understanding about my continued employment."

This may save your unemployment eligibility, but if you make more comments about the company being a joke, that could constitute a reason to deny the benefits.

Try to stop acting out of anger and frustration. Another poster recommended familiarizing yourself with the company's grievance policies. There is alway some benefit in that, but understand that following policies is generally optional for your employer. (Though not for you!) Go in to the meeting on Wednesday as a willing, capable, problem solver. What do they want to accomplish? How can you help. Sell a solution that benefits you all. And if your solution does not win, leave the meeting with dignity and not sniping and gossiping.


Expert Realtor
Rating
If they want to put it on the front page of the Sunday paper they can.

If that answers your question.

Also, since you decided to be sarcastic and say to your boss, "This is a joke of a company", I would wager that you are getting fired on Wednesday, so be prepared for it. No business is going to tolerate someone with your kind of attitude.

I would have fired you on the spot if you said that to me.





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