Hello,
I was told on Thursday that my permanent contract has been terminated for "performance reasons". Actually, the performance "reasons" is that I have not been staffed on a project for several months. The reason that I have not been staffed is that (according to two Senior Managers, including my Performance Manager) - that I made a comment in an open company training session that was "unappreciated" by two of the company Partners. I have been told by the two Sr. Managers that therefore "You will never be staffed on a project." When I asked for what I could do to overcome their objections - or what specific steps I could take - I was told by my Performance Manager to "cross my fingers". I was never offered a Performance Improvement Plan.
I took initiative and formed a new Service Offering, formed a cross-functional, cross-practice team and was getting great response from Austria and Germany - who wanted to include my offering in their portfolio. In addition, I arranged and gave internal technology training classes. I offered to take "cultural awareness" training - but that went nowhere.
I find it somewhat rich that they are terminating me for not being staffed - when they made it quite clear that I was "blackballed" from the two practices/teams where I was most likely to be staffed. They have continued to staff project roles that I was perfect for - with less experienced and less competent staff. (Who get along just fine with the Partners...). I made one comment - and I was blackballed.
In the termination letter, they indicate that they "discussed" these issues with me. My basic question however is - they never offered a formal, structured remediation plan. In fact, they seemed to avoid doing so (probably because given the two Partner's feelings - it wasn't going to make a difference anyway). Is it normal to offer such a plan? I was just called in and terminated - when I actually thought I was going to be praised for bringing a new Service Offering to the business!
I haven't signed anything and have an appointment with an attorney next week. I am disinclined to accept what I consider a pretty measly settlement - especially given the circumstances. (BTW, the comment I made that incurred their wrath? I pointed out (after encouragement with women I was sitting with - that a particular slide was incredibly sexist. The "guys" didn't like that apparently. Also, I got grapevine feedback that I was a "problem" because I don't drink. (every company event ends with massive amounts of encouragement to "go drink"...)
They headhunted me, I came over completely at my own expense - and now 15 months later they want me to slink out the door. Again, I am disinclined to do so.
Thoughts anyone - is a Performance Plan usually considered necessary - at least as a warning?
Well, every company is different. I don't think the fact that they wouldn't offer you a specific performance plan is going to make any difference in your situation.
IMO .. this one incident is not the reason they want you to go. There have probably been other things you've said or done to cause this bad blood and this was just the thing that brought it all to a head.
Umm I don't think not drinking would be a problem. Lots of people don't drink and for lots of reasons. I wouldn't entertain such gossip.
In any case - 15 months is not a long time at all so you certainly will not get a BIG package if they fire you. Basically the amount of money they give you is based on your age, years of service and your salary.
It also does not matter if you are disinclined to be fired. If they want you fired .. you willl certainly be fired - yoiu cannot stop this. And do you REALLY want to work for people... that want you out?
That would constitute a hositile work environment.
No, if they want you fired .. you will be fired ... it just gets down to how much money you are going to get out of them .. and again if you have only been there 15 months .. it will not be much.
Let your lawyer fight for you and get you the best deal you can .. and move on. Start looking for another job and.. for goodness sakes you need to correct the way you speak to people if you are pi**** them off .. or surely you will have this same problem at your next job.
Well, turns out the "experts" who advised me I wasn't "going to get much" were (I think) a little mistaken. I ended up negotiating a leave package worth almost $50,000 (usd). It may not be "much" - but it's certainly decent and makes "moving on" far more pleasant. As for, "how I talk to people" - the company admitted that their "boy's club" environment did consitutute an "unfair atmosphere" and that "we did do some things wrong" - and I was compensated accordingly.
I think it's really good for other expats to see that this settlement amount is indeed possible if you fight it out using a good lawyer.
So many expats have been on Expatica with similar stories, and yet they sign the contract-dissolution because it's in their culture (often various Asian cultures) not to make a big fuss.
This is the Netherlands - if you're here because you are a skilled/qualified and experienced person who they (company) couldn't find in the local genepool - often in IT or Engineering type contracts - then this is the price the company will pay for thinking they can treat you like you're disposable!
Expats need to fight twice as hard to get the same rights as locals grow up knowing they're entitled to (same in your own country of origin). A backstabbing ex-employer thinks they can get away with a minimal payment because expat employees don't know the law: they don't think you'll bother to pursue it.
But as your story tells them, cbear, the fight is worth it! I wish you success in finding your new role, if you haven't already done so.
osita said:
So many expats have been on Expatica with similar stories, and yet they sign the contract-dissolution because it's in their culture (often various Asian cultures) not to make a big fuss.
This is so true osita,
It's only recently that I learned how to fight back and defend for my right.
Thanks, Osita - I know people from this same company who were shown the door - and because the first offer looked like a lot of money to them - they signed on the dotted line. It's important for everyone to remember - that whatever they offer you in settlement is NOT covered under the 30% ruling. As the ex-employee you will pay a full 52% (most likely) on whatever they offer you. It's vital - do NOT accept what they put in front of you to sign. It may be generous - they told me MY initial settlement was GENEROUS, and in line with what the court would give me and that there was LITTLE room, if ANY, for negotiation. Obviously, none of the above was true. They settled for significantly more rather than have to explain it to the court.
Geesh cbear42 .. I did not say I was an 'expert'. Where did that come from? 
You asked for an opinion and I gave you mine based on my experience with people I know that were let go after a year or so .... and they received consideraly less money.
My advice to you really .. was to hire a lawyer and let him fight it out for you .. but I certainly did not advise you to sign whatever they put in front of you. Duh! That would be foolish.
But if the company admitted they were not treating you right etc ... that would explain why they were willing to give you such a large settllement ... but this is certainily uncommon.
$50k is about 40k in euros and after tax ... umm it comes down to somewhere in the 20k ramge ... but still this is good and will help you.
So the end - it worked out well so .. good for you!
Thanks expaticans for the posts.These posts are really acting as boosters for my moral support as i am in the same boat as Cbear42 was.Initially i thought to give up and search for some other job but now i've decided to fight to get my rights,specially when i am at no fault and becoming a victim of certain political issue with in the company.
Hi sheila, I deeply understand your situation and feelings. Indeed, it is really stressful procedure: deal with the employer, arboarts, all kinds of worries....if you are still sick, you can see the doctors,they will help you to some extend. Find some legal advice(I have tried juridisch loket, rechtswinkel, vakbond FNV--labor union) or help(another laywer) to handle the employer. The most important of all, you have to (or try to)set aside your pressure and try your best to find a new job as soon as possible. It is really hard process, but it is the key solution.
I did not hire a lawyer, and where are you live in ? I mean which city in the netherlands, maybe ask juridisch loket, rechtswinkel in your city
