I argued for severance instead. They provided a draft severance package and gave me a five-day time frame to review it, after which the offer would be off the table. They have since relented by giving a few more days and said my lawyer can contact their lawyer if more time is needed.
If I do not accept the severance
package (a low-ball offer compared to their severance policy, which they
claim I don't qualify for because the new job I was offered is in the same pay
band) and do not accept the new job, they will treat it as a
resignation (documented in an email from HR). I have told them verbally
that I will not resign. Is it possible to resign by refusing to accept a new job? To me, that
seems more like a firing. Incidentally, I am in my 40s, female and
Note: In a email from HR, my company stated that I, as department head, am not doing the work the new head will be doing and that I am not qualified for the new head position. However, despite my asking, they have refused to show me the job description, objectives or qualifications for that new position.
First, let's talk legalities. Except in rare cases, companies are under no obligation to give severance. They are obligated to make decisions about severance
without regard to race, gender or age. But just because you are a
middle-aged black female doesn't mean you were discriminated against in this case.
Since you've said flat-out that you will not do the work the company is asking you to do (by refusing the transfer), you are effectively resigning. That's the very definition of resigning -- saying, "I refuse to do the work!" Technically, it's also not a demotion if your pay and salary band remain the same. It's a lateral transfer.
Now let's talk about whether what is happening to you is fair. Your job description is out of date.
This, I believe, as job descriptions tend to only be accurate for about
15 minutes. Does this mean that you should be in a higher pay band?
Not necessarily. Pay bands are often large enough to accommodate a wide range of performance and responsibility.
fact that your company is hiring someone to replace you at higher pay mean
that you should have been in that band to begin with? No. Companies
often decide they want to go a different direction, which of course
means they need leadership with different skills. Hiring people is a
huge pain, so I can almost guarantee that the powers that be sat down
and looked at your skills and evaluated whether or not you had what it
would take to make the changes that needed to be made. And their answer, as evidenced by the email HR sent to you, was no, you don't have what it takes.
Does this mean you did a bad job? No. Does this mean you
are a bad person? No. Does this mean you have no more potential at this
company? No. It means the company has decided that you lack the particular skills to lead the department in the direction it needs to go. They aren't showing you the new information
because it won't convince you that you're not the best person.
People often think they have skills that, in fact, they don't (or that the company may not perceive). And even if they do have those skills and management just hasn't perceived them, at that point it's too late to try persuading them that they're wrong. The decision has already been made. When you're already hostile, meanwhile, having them say, "Well we need someone who can show better leadership," won't result in you saying, "Oh yes, I do lack leadership skills."
I know this can be devastating. It's like a slap in the
face to be told that you will no longer be leading the department and
will report to some yet-to-be-hired person who will. Still, the company
is well within its rights to transfer you to a new position. And your refusing to accept that job constitutes a resignation.
Given your rejection of the position, the company has agreed to pay you some amount of severance. It's good to
have a lawyer on your side in these discussions, but don't expect a
financial windfall. It's probably too late to go back now, so move
forward with the severance negotiations. For future reference, it may be helpful to recognize that a lateral
transfer is not insulting, and you're almost always better off keeping a job while you look for new employment rather than taking severance and leaving.
One thing to ask is that the company not oppose your collecting unemployment benefits. That may or may not come to pass, but it's worth asking for.
For further reading:
Have a workplace dilemma? Send your questions to EvilHRLady@gmail.com.
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