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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27999
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My company is under financial distress (not enough revenue)

Customer Question

My company is under financial distress (not enough revenue) and my CFO has let people in my network and me personally know that he views my role as unnecessary. He has also let me know that he talks with my manager on on multiple occasions about letting my position go...I get that they need to save money but this makes me feel very uncomfortable. I have not addressed with my manager yet because i don't want her to know I'm looking for other work (sensible given my CFO is coercing me out).

I don't think this is the right approach...thoughts?? Advice on how to proceed?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. You say that you don't think this is the "right approach". What exactly do you mean by that---what is not the right approach? Are you simply saying that you think it inappropriate of the CFO to speak with your manager about your position?

2. Are you suggesting that people in your network know of this push by the CFO, but that your manager is in the dark?

3. Do you trust your manager to step up to the plate for you?

4. Do you believe that you are being targeted based on your race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation or gender identity?

Doug
Customer: replied 1 year ago.

#1 - Inappropriate to tell me he wants to eliminate my role

 

#2 - yes and no manager is not in the dark.

 

#3 - Yes

 

#4 - No - I am 45 and have a higher salary, thus the target.

Expert:  LawTalk replied 1 year ago.
Good morning,

While it may be bad form for a CF to discuss the elimination of a position within the company with the employee whose position is the one affected, there is no law against such a discussion,. Under CA law the CFO is within his right to mention it, despite the fact that doing so---especially withing ear-shot of peers of the person in that at-risk position---is poor management style.

As the CFO seems to be not-so-subtly inferring that you will be gone at some point in the future, I think that is it incumbent on you to enlist the help of your manager in determining whether this is indeed a likely move by the company, or simply the musings of the CFO.

You would be incredibly naive not to be looking for a new position, knowing what you know, and I don't think that any good manager would hold that against an employee. The point is that if you can get the help of the manager to determine one way or the other whether your position is secure or not, at least that would take the uncertainty out of the equation for you and dissipate some the stress you are no doubt under.

Do keep in mind that if you are let go, that based on the fact that this is not a move based on anything that you have done, and will not be made for cause, you are in a position to suggest that a severance package would be appropriate, and know that you would also be eligible for unemployment benefits.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Attorney
Satisfied Customers: 27999
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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