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m4ff3w
m4ff3w GRM+ Memberand UberDork
11/14/16 2:22 p.m.

Last week, I learned while on a flight to my office in San Diego, that my position had been terminated. Our company was bought out in March, and things between the CEO (founder) and his new management hasn't been going well.

I knew after they took control of my infrastructure, I was a goner, but, they were still 60-90 days out from that.

Monday, they terminated the CEO, President, COO, Director of Recruiting, a few others, and myself (Infrastructure Administrator/IT Manager) My number got called early because of my close relationship with the CEO and they thought it posed a business risk to them.

Yay me!

What was crazier, is that a week prior they shutdown my email archive server. So... they day after they terminated me, mail was down for ~7 hours - I think because one of the drives with the datastore filled up and they someone who didn't know as much about exchange as they should have before touching it, may have deleted the transaction logs... doh.

So I'm on the hunt for a new gig. I must say though, not being panicked when I get a email/txt at 0300AM has been nice. I've effectively been on call 24/7 for the last 32 months. But not anymore.

Datsun310Guy
Datsun310Guy PowerDork
11/14/16 2:50 p.m.

Crazy. They toss you some severance pay to ease it over?

m4ff3w
m4ff3w GRM+ Memberand UberDork
11/14/16 3:27 p.m.
Datsun310Guy wrote: Crazy. They toss you some severance pay to ease it over?

That conversation was effectively, "severance is at the Texas Workforce Commission aka unemployment"

:(

I at least thought my vacation would get paid out (I took exactly 0 vacation since I started April 15, 2014)

But, nope!

z31maniac
z31maniac MegaDork
11/14/16 3:30 p.m.

Ugh, that sucks. Probably the only thing that kept me from losing it when I was laid off last year was they did provide us with a very generous severance package.

Good luck on the job search, keep your head up!

NGTD
NGTD UberDork
11/14/16 3:33 p.m.
m4ff3w wrote:
Datsun310Guy wrote: Crazy. They toss you some severance pay to ease it over?
That conversation was effectively, "severance is at the Texas Workforce Commission aka unemployment" :( I at least thought my vacation would get paid out (I took exactly 0 vacation since I started April 15, 2014) But, nope!

WOW! Not even legal to do that up here.

nepa03focus
nepa03focus Dork
11/14/16 3:35 p.m.

Damn that's harsh, can they really do that and not pay your earned vacation pay? That's a good way to get your building burnt down. Sorry this happened to you

Huckleberry
Huckleberry MegaDork
11/14/16 3:36 p.m.
m4ff3w wrote:
Datsun310Guy wrote: Crazy. They toss you some severance pay to ease it over?
That conversation was effectively, "severance is at the Texas Workforce Commission aka unemployment" :( I at least thought my vacation would get paid out (I took exactly 0 vacation since I started April 15, 2014) But, nope!

I would check on that - I don't think they can avoid paying vacation you have accrued. It already belongs to you - they were just holding it.

Stefan
Stefan GRM+ Memberand MegaDork
11/14/16 3:39 p.m.

Time to bone up on Labor laws in your home area, use them to get what is owed to you.

That said, it sounds like it is for the best in the long run as the acrimony over the politics there would have eventually caused you more pain than it was worth.

Try to enjoy some time off and disconnect between job searches and enjoy things for a bit.

Good luck!

Dr. Hess
Dr. Hess MegaDork
11/14/16 4:02 p.m.

Yeah, I think they owe you the vacation. A nice call to the State of Texas will probably help things along. There are people there paid to do nothing but cause trouble to companies that do that to employees.

Fueled by Caffeine
Fueled by Caffeine MegaDork
11/14/16 4:16 p.m.

before we rally the pitchforks.. They usually include the vacation in the last check.

Now.. about finding a new job.. don't worry you will.

slefain
slefain PowerDork
11/14/16 4:16 p.m.

Just wait for the dead man switch you installed on the main server to tick down and begin wreaking multiple unsolvable errors. Then offer your consulting services for a "modest" fee. You remembered to install the dead man switch, right?

Hungary Bill
Hungary Bill GRM+ Memberand UltraDork
11/14/16 4:40 p.m.

Spare bedroom at the Hungary House, and room for another Alfa in the garage.

Problem solved

dyintorace
dyintorace GRM+ Memberand PowerDork
11/14/16 4:43 p.m.

Sorry to hear that. Good luck with the search!

SVreX
SVreX MegaDork
11/14/16 5:39 p.m.

I don't think vacation is owed, unless it was contractually promised. There is no Federal promise of vacation pay.

My company's policy is pretty clear- use it or lose it. It does not roll over. This year, I lose it.

SVreX
SVreX MegaDork
11/14/16 5:48 p.m.

According to Workplacefairness.org:

"24 states—Alaska, Arizona, California, Colorado, Illinois, Indiana, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Hampshire, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island (after one year of employment), Tennessee, West Virginia, and Wyoming—and the District of Columbia have laws regarding payment of accrued vacation time. However, in those states, you are only given a legal right to challenge an employer over unpaid accrued vacation time in your final paycheck if the employer promised payment of unpaid accrued vacation time in your final paycheck. In the rest of the states, there is no state law that requires your employer to pay you for accrued vacation leave, although your employer may do so voluntarily, or may have to do so if required by a policy or contract.Though no state has a law requiring employers to promise to pay for accrued vacation days, some states do hold employers accountable if they make the promise and break it."

Sorry man. Save your energy, and apply it to your job hunt. Good luck!

Stealthtercel
Stealthtercel Dork
11/14/16 5:53 p.m.

From http://www.twc.state.tx.us/news/efte/vacation_and_sick_leave.html: "[M]ost employers do provide some kind of paid leave, in varying amounts that are up to a company to determine for itself. If such leave is promised in a written policy or agreement, the leave is an enforceable part of the wage agreement under the Texas Payday Law. The written policy or agreement will be enforced according to what it provides."

The Payday Law will also enforce severance pay if there was an agreement in force between you and your employer that you would be entitled to it.

Just a thought: depending on who bought your company (for example, if they are publicly traded or have prominent investors), you might want to consider pointing out the PR benefits to them of not being egregious dicks as they establish themselves in full control of this business they have purchased.

What goes around, comes around. Even in Texas.

mtn
mtn MegaDork
11/14/16 5:56 p.m.
SVreX wrote: I don't think vacation is owed, unless it was contractually promised. There is no Federal promise of vacation pay. My company's policy is pretty clear- use it or lose it. It does not roll over. This year, I lose it.

But if they were to terminate you, would you be owed it? What you are talking about is slightly different--that is so people don't stock pile a year of vacation.

SVreX
SVreX MegaDork
11/14/16 6:08 p.m.
mtn wrote:
SVreX wrote: I don't think vacation is owed, unless it was contractually promised. There is no Federal promise of vacation pay. My company's policy is pretty clear- use it or lose it. It does not roll over. This year, I lose it.
But if they were to terminate you, would you be owed it? What you are talking about is slightly different--that is so people don't stock pile a year of vacation.

Nope. Read my post above.

No one is promised accrued vacation time in the US. Some states hold employers accountable if they OFFER to pay it with the last check then back down. That's all.

Datsun310Guy
Datsun310Guy PowerDork
11/14/16 6:20 p.m.

We had a guy plan and get two weeks of vacation approved and then he gave a three week notice the Friday before his vacation. The boss was pissed and then told him during his vacation to not come back - what would he do that last week?

dj06482
dj06482 GRM+ Memberand SuperDork
11/15/16 12:25 p.m.

I just sent you an invite to connect on LinkedIn via PM. Let me know if there's anything I can contribute to the search!

codrus
codrus GRM+ Memberand SuperDork
11/15/16 3:42 p.m.
SVreX wrote: No one is promised accrued vacation time in the US. Some states hold employers accountable if they OFFER to pay it with the last check then back down. That's all.

Not true in California. The company doesn't have to offer vacation, but if they do then it has to follow certain rules, and payout upon termination is one of them.

http://www.dir.ca.gov/dlse/faq_vacation.htm

alfadriver
alfadriver MegaDork
11/16/16 7:22 a.m.
m4ff3w wrote:
Datsun310Guy wrote: Crazy. They toss you some severance pay to ease it over?
That conversation was effectively, "severance is at the Texas Workforce Commission aka unemployment" :( I at least thought my vacation would get paid out (I took exactly 0 vacation since I started April 15, 2014) But, nope!

It's interesting to hear so many people who point out that you should or should not be able to get that time.

I, on the other hand, learn (again) that one should take vacation.

Why people don't is a complete mystery to me.

Take your vacation, people. It's part of your earnings.

pinchvalve
pinchvalve MegaDork
11/16/16 7:39 a.m.

That's so weird, I got "the call" while on a flight too. My phone was off of course, but while waiting to get off the plane, I checked messages and got the news. Funny how the hard working people who are on a plane before the sun comes up, away from their families for the company, are the ones they don't have the decency to meet with in person.

pinchvalve
pinchvalve MegaDork
11/16/16 7:42 a.m.

Oh, and everyone says it will take 6 months, and it will. Don't get nervous if you don't land something in 6 weeks. Have a plan for 3 months, 6 months, 12 months, and 18 months just in case.

In I.T. however it might be 6 hours...I hear that is a pretty popular thing these days!

spitfirebill
spitfirebill UltimaDork
11/16/16 7:45 a.m.
pinchvalve wrote: Oh, and everyone says it will take 6 months, and it will. Don't get nervous if you don't land something in 6 weeks. Have a plan for 3 months, 6 months, 12 months, and 18 months just in case. In I.T. however it might be 6 hours...I hear that is a pretty popular thing these days!

Took me six months twice.

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