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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18366
Experience:  B.A.; M.B.A.; J.D.
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I am a 55 year old female and have worked for a company for

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I am a 55 year old female and have worked for a company for 11 years. I have consistently achieved above average performance evaluations. Last week I was surprised when my boss who is the VP of IT told me that my performance in the area of collaboration with others was substandard. During this meeting with her she offered me the option to continue work but under a Performance Improvement Plan or she would eliminate my position and I would be paid the standard company severance package. If I accepted the Performance Improvement Program, either one of us could elect to terminate the program within 3 months and my position would still be eliminated and I would get the severance package. In an email back to her I accepted the PIP with the option to have my position eliminated at any point. In a meeting a few days later in front of HR she said the offer to eliminate the position was no longer an option. She said she was not authorized to make that offer.

My question is can I still hold the company to the offer to eliminate my position and pay me severance pay. I am eligible for retirement with the company, so If I force this issue, can it affect my retirement.

legal eagle : hi,
legal eagle : iI have just answered your question in the other thread
Customer:

Is the answer the same for US law? Not sure how I got in the German Law category.

oh I am sorry

I am for German Law only

I report itbto the moderators
Customer: replied 3 years ago.

Thank you

you are welcome
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

I am a 55 year old female and have worked for a company for 11 years. I have consistently achieved above average performance evaluations. Last week I was surprised when my boss who is the VP of IT told me that my performance in the area of collaboration with others was substandard. During this meeting with her she offered me the option to continue work but under a Performance Improvement Plan or she would eliminate my position and I would be paid the standard company severance package. If I accepted the Performance Improvement Program, either one of us could elect to terminate the program within 3 months and my position would still be eliminated and I would get the severance package. In an email back to her I accepted the PIP with the option to have my position eliminated at any point. In a meeting a few days later in front of HR she said the offer to eliminate the position was no longer an option. She said she was not authorized to make that offer.

My question is can I still hold the company to the offer to eliminate my position and pay me severance pay.

Response 1: Unfortunately, you cannot hold the company to the offer because nothing was signed. So, the company can withdraw the offer at any time or for any reason. Nevertheless, I find it quite interesting that your supervisor would make an offer to you without getting prior authorization from HR to make the offer to you. It appears that she may have wanted to terminate you immediately thinking that you would not accept the Performance Improvement Plan and that you would opt for termination. When you called her bluff, she reneged on the offer.

I am eligible for retirement with the company, so If I force this issue, can it affect my retirement.



Response 2: No, it should not affect your retirement.

Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18366
Experience: B.A.; M.B.A.; J.D.
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