Can an employer change your role within the company?

21 posts in this topic

17 hours ago, ExPattheDog said:

In your experience are these phony reasons (and way of being communicated, i.e. only verbally & over slack so far) legal? 

 

Im not an employment lawyer, but in my experience people tend to come to an agreement so there is no need to test it in court.  

 

17 hours ago, ExPattheDog said:

If it is legal (which is my worst fear here), how much could I reasonably still ask for in a severance package? He verbally offered 3 mo garden leave (unclear if salary would be just the base or base + bonus), but realistically at my seniority level,  english speaking only, in Berlin, I expect to need 6 months to find the right fit.

 

And if it isnt legal, then the question is how much money can you expect to get when you sue.  At the end of the day its the same thing, how much does the company need to offer for you to go away?  If some combination of what you need and what you might get if you sue.  If you cant agree then you have to argue it out in court.

 

I have never had to negotiate this kind of thing myself, but I suspect 6 months after only 8 in the role is pushing it.

 

17 hours ago, ExPattheDog said:

I've only worked with them for 8 months so by that, I would be totally screwed. Does it matter that my notice period is 3 months anyway?

 

Well, it means you get a minimum of 3 months.  Which he already offered you.  

 

17 hours ago, ExPattheDog said:

I know it sounds ridic, but the "justice" factor here is really getting to me

 

Then dont take a deal, stand by your principle, wait for him to fire you illegally (assuming it is, ask your lawyer) then sue.  The whole point of the deal is to  avoid the "illegal termination" and replace it with a mutual parting of ways.

 

17 hours ago, ExPattheDog said:

You're right its risky to go to court - aside from losing & lawyer fees, what other risk should I be aware of? I'm trying to think carefully about all the possibility

 

You work your notice period which will probably be an unpleasant experience. You risk contacts finding out you are litigious which might make it harder to get the next role.  You take an unfortunate situation and absolutely totally burn the bridges.  The biggest thing for me is that you might win, but only win a similar amount to what you have already been offered, but you get it much later and with legal fees etc to subtract

1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now