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  1. #1
    Join Date
    Nov 2009
    Posts
    3

    Default Fear of Being Let Go

    My question involves labor and employment law for the state of: VA

    Is VA an at will state?

    I have not received a review in over 5 years, under two different VPs, although I have requested one numerous times and have filled out my end of that review. I am under the impression based on events that I will be let go soon, one on the fact that several people were just let go out of the blue.

    Why do I feel I'm next: 1) ignored; 2) age; 3) just now being presented with new responsibilities veiled under 'you should have already been doing this', even though these responsibilities have in the past fallen under a different section of the department. I feel these new requests veiled under 'this is your responsibility' will be used as 'evidence' to let me go, as if I had not been doing what I was supposed to do. Basically, I believe these actions are setting up 'this scenario'.

    As I've said I've not had a review in over five years. If I am let go, based on not fulfilling these newly presented responsibilities, that have never been put in writing, and are just now being presented, and, as stated, have had no review presenting these new items on my list of responsibilities, is there any recourse? In past years a review was given and expectation of the coming year with a list of expected responsibilities and goals presented, which I signed. Again, that has not happened in this case in five years.

    Do I have any recourse.

    Thanks.

    If the above sounds confused, my apologies. It's late.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Fear of Being Let Go

    Is VA an at will state?
    All of them are, though some recognize some exceptions.

    If I am let go, based on not fulfilling these newly presented responsibilities, that have never been put in writing, and are just now being presented, and, as stated, have had no review presenting these new items on my list of responsibilities, is there any recourse?
    Absent a binding employment contract, you can be let go for any legal reason (not related to your gender, handicap, race or religion), or no reason other than Boss felt like it.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fear of Being Let Go

    Additionally, reviews are not required by law and when they are given, hold little to no legal weight. Absent a legally binding and enforceable contract or CBA that specifically says otherwise, your job duties can be changed at any time. Whether you have or have not had a review has no impact whatsoever on the legality of any termination.

  4. #4
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Fear of Being Let Go

    Oh, goody! [sic] on both counts.

    Obviously the corporate climate has changed, and as you have probably often seen written, the change in that climate is a rude awakening. While reviews are not required by law in 'the olden days' they were always educational. Now it appears employers owe nothing more than a paycheck. Color me disappointed.

    I'm off topic, so I'll shut up.

  5. #5
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Fear of Being Let Go

    Plenty of employer still are adamant about reviews and other actions treating employees fairly and with respect. The problem is, on these boards, the only ones you hear about are the ones who don't.

  6. #6
    Join Date
    Nov 2009
    Posts
    3

    Default Re: Fear of Being Let Go

    Thank you for all ther replies. They are much appreciated.

    The oft told tale is that at one time in this particularly company the employees were treated very well. I've been here long enough to see both. While I don't want to complain about the lack of a review, it falls into not knowing what to expect without one and it seems that is part of the plan with the new(ish) ceo. Even if not part of the plan, without one it is harder to know what the expectations are, and if you're not meeting them, further reasons to be let go. I, unfortunately (for the superior), keep an open dialogue with my superior, for the lack of review reason, to make sure I am on task. Still as pointed out above, I can be let go regardless.

    My post was inspired by an out of the blue request that would normally fall under a different section of our department, and it appeared to be a 'you're not performing as you should and have not kept up with this'. Since several people were let go the week before it FELT like step one to a 'let go'. I did address the request yesterday so there was no confusion and to get a feel for what might happen in the future. I am a bit relieved at this point, but who knows.

    This entire year we have been under a freeze and 'verbally' told there would be no promotions and no raises. That said, we have had positions created and people moved into them, and we have had several 'higher ups' promoted to executive level and at the same time people let go. Totally suspicious to me.

    If you're suggestion is to leave, then I'm working on it, but in this economic situation, it's not so easy. Will continue to pursue other employment. But who knows if the next situation will be worse.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fear of Being Let Go

    Meaning no disrespect, I'd just like to point out that in the current economy, NO ONE has a guarantee of continued employment unless they have a legally binding and enforceable contract or CBA that expressly says otherwise, and not even always then.

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Fear of Being Let Go

    If you are afraid you may be let go, it would be best to start job hunting. This economy sucks....Good luck to you.

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