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I actually rather enjoy slacking when my employer is fking me. Last time that occurred was when one big bank i worked for got ate up by another big bank, and the new bank decided that people with my position were in need of a 20% pay cut.
Yep, i enjoyed that slacking very much. And i enjoyed getting my 20% back via UC even more. YMMV. |
said the man on disability with no responsibilities...
Not everyone can be so cavalier with their livelihood. For the OP I'm assuming that you do not presently have a non-compete clause, but they want you to sign one in order to stay. If that is the case I'd demand a contract where they have to buy you out if they want you to go (and pay you beyond the non-compete period). As for performance, if you stay then do your job. I don't believe in this "do a piss poor performance to pay them back" crap. I like to be able to look at myself in the mirror. I either do a job or I don't. If the situation is unacceptable and you have the means then just leave. Life is too short to worry about trying to game the company. If however you really need the money and don't have other options, then stay and do the work. As for the non-compete you might want to check with an attorney to see what your options are. I would think that if you are currently employed they can't "force" you to sign a non-compete at this point - you'd have to volunteer to do so. If you refuse then they could fire you but you'd get unemployment. I'm not an HR guy and you should probably talk to one as well as an attorney, but companies have limits on what they can and can't do. |
I think it seemed like a given he's leaving.
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"Just eat your pride son, and to hell with your family loyalty. It's far more important to lay down on the ground like a dog and let the man walk all over you (for 30% less money than before), it will make you feel better, and make you a better man." This is what you guys call 'advice?' Sheesh. And how was i cavalier? I advised he NOT quit and leave himself no security, but rather get fired, and give himself and his family the security of UC. |
Uh, no. I said it depends on his situation. Some people can't afford to walk away from a job. To cut off your nose to spite your face is pretty idiotic. And besides, he mentioned the non-compete so obviously his decision isn't set in stone.
If he finds the situation unacceptable, then he should walk. But there are other alternatives. I just categorically disagree with the "stick around and do a crappy job" advice. I think that behavior is unprofessional sucks out one's self-worth. I don't play games, I get the job done. ymmv. |
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I am watching my friends die on the vine as we go through an outsourcing event that has taken the better part of 2 years. It is horrible and I hate it but there is nothing I can do. It is business and I do not agree with it. But there is nothing I can do except do my best to help them. |
If he quits he will get nothing from unemployment. This the exact reason I HAD to stay in the job with the new company.
I couldn't just quit as my family was depending on me to pay the bills and there were no other prospective employers knocking at the door. (With my current job, I can say FU anytime and not worry about it.:D ) As I stated before, I did my job at the same degree I always had, even though I hated it. Even when they were laying me off I was positive and cheerful. It was my way of saying FU without actually saying it. |
Also, check your local laws but the non-compete may not be enforceable. If that is the case - go ahead and sign it. They cannot take away your ability to provide for your family basically.
Non-compete clause - Wikipedia, the free encyclopedia Consider the source here - I am not a lawyer and Wikipedia is barely an encyclopedia. |
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Strive for excellence as much as you can, as often as you can. In the long run, it will be better for YOU. If the company benefits, so be it. You'll enter your next phase (job, career path) in MUCH better shape. |
Do not sign that form, or anything else that you don't understand. Even if it is unenforceable, they can sue you and you'll have the expense of hiring a lawyer, plus the next employer may steer clear of you given your legal strings. Refuse to sign and if they fire you for it, collect UC - and consult a plaintiff side labor lawyer, on the off chance that you might have a case.
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Also, contact your local UC office and find out how they handle this situation. It may be that slashing your pay by 30% qualifies as termination. I don't know the answer, you should find out for sure.
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Tony, I started a thread about a year ago on the enforceability of non-competes. I think it's safe to say that, if you're let go, no matter what you signed, no judge is going to enforce a non-compete. You have a right to earn a living in your field. If you walk on your own with proprietary info, then yes, you could be in trouble. But how badly do you want to stay? I'd sign whatever they asked me to sign and then forget about it if you get let go. Maybe mail yourself a registered letter the same day, stating that you signed something under duress or threat of your job. No judge in the world would enforce a non-compete if you're canned against your will and without cause.
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Lsten to the adults here, tonypeoni.
To be a man is difficult at times. And who knows when you might meet a person from this company later in a different position or company? |
Been on and off since 2005 but light at the end of the tunnel right now.
Start looking, polish up your resume and keep your eyes open for new chances. |
I can't believe this thread... further, i can't believe some of the replies...
...who'd a thunk that a right wing bunch like this would be so concerned about making sure they could collect pogey. I do know that we have taken pay cuts at my employer twice in the past few years. When things picked up, they gave us back our salaries and then gave us all of the back pay to boot. Pay cuts are an excellent alternative to lay offs. This was also a good technioque to weed out the guys with the poor attitudes. Those who are commited, stick it out. The guys who aren't leave on their own recourse and save us having to pay severance. Decide if you are commited or not before you sign anything. Usually they have to give you something to change your contract such as options, vacation, more money etc. The other option to consider is to go to the bar with your coworkers, bring your contracts, get drunk, sign the contracts and have the waitress witness your signature. If you signed it drunk, it is pretty much void. We did this when I worked at another company 10 or so years ago when they made us sign non competes. |
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Listen to this.... Don't quit just b/c of that.... A local guy talked his wife into quitting her 80k/yr job just b/c the same company laid him off... Just proving he was dumber than we all thought.... |
If your going to stay for awhile Rick Lee is correct. Several years ago I was at a sales meeting and the new sales manager handed out contracts with non-compleat causes. A fellow sales rep who was a lawyer said just sign it and don't even read it. If you leave (or get fired/layed off) and they do try to inforce the contract just tell the judge they told me to sign or I wouldn't have a job and they also cut my salary 30%.
The judge will prob award you costs & damages. ;) You have the right to work and nothing a empoyer can demand from you can interfere with that right. |
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Otherwise - SEE A LAWYER. OTOH, if you regularly perform dentistry and surgery on yourself, no need for an expert. |
do not quit unless you have substantial savings to live off of. ive been looking for work almost 10 months now and i have skills, work experience and a law degree and i am having no luck. unemployment is the only thing putting food in my stomach. stay positive, smile, make a good impression while you work and are secretly making other plans..i wish i had that opportunity
seems to me unless your in the healthcare industry, there is little demand for any high paying work out there i understand the anger you may be feeling..i have never felt so angry in my life. seriously, i could do serious damage to people and things if i let my emotion out of control. let it go, take the paycheck and look out for #1 as my grandpa used to say |
oh, ive done a bit of employment law and worked for people who did alot of it...i would NOT sign anything without having an employment attorney review it...should not cost more than $300 to review such a document
despite above comments..you do not have some absolute right to employment and, unless you already have a contract that would dictate otherwise, an employer can legally demand that you sign a document or else be terminated...at least in my state they can |
I'm not so sure you can get UI if you're fired for cause. Hell of an ASSumption.
And advising anyone to be a problem and try to get let go so they can go on UI is terrible advice. UI is temporary boneheads. And given the economy, it is entirely possible it may run out before he's able to find another job. It's also very, VERY little money compared to your previous income. BTDT. DO NOT lose a job right now. Suck it up and do the best you can until you absolutely have another opportunity - if ever. Sorry about your dad. |
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