What's my company up to?

[Pistom]

I'm a senior manager in a medium sized company and over the past weeks I'd noticed I was being involved less and less in meetings and communications.

I tried speaking to my boss about it and he said the CEO needed to speak to me but the CEO kept putting it back.

I've got (had)6 sales reps reporting to me and I'd noticed they'd started reporting to me only if I pushed them.

I heard some rumours that there were to be some changes but nothing concrete.

On Friday, the CEO invited me to his house in the country for the weekend which had never happened before. Saturday was just idle chat and him showing me around the place which was incredible.

Today, he dropped the bombshell that I was to lose my direct reports and the role he's given me consists of sitting at home tossing it off on my own. My pay is the same, benefits the same. I've got a big bonus coming for the past years work.

He wants to review my role in 12 months but in that time I haven't got any targets or goals, just answer any emails which are now down to single figures.

This might sound attractive but I'm not the tossing off type. My work results have been outstanding and I don't know what they are up to.

Can they take my responsibilities away like that.

I said to him that this sounds like garden leave and his response was, no its nothing like that, we just want to make some changes. The thing is the changes don't make any sense and don't involve me.

He said I can go in the office if I like but there is no need.

Part of me says get a bulk delivery of Kleenex and upgrade the fibre optic broadband for a year but it just isn't me.

I just want my job back that some other guy will be doing who isn't qualified to do it.

What's happening and can they do this to me?

The CEO sent me a text asking me if I got home OK.

No he didn't make any sexual advances.

Seriously, can they take my duties away without warning when I've been doing a good job.

[SmoothCriminal]

Bird in the hand is worth 2 in the bush and don't look a gift horse in the mouth comes to my mind.

Could they have made you redundant if your basically losing all your work and responsibility?

Look at it as you've got 12 months to look for another job.

[2.5pi]

IANAL but that looks textbook constructive dismissal , talk to an employment lawyer , maybe bank the bonus first though?

Good Luck

[Pistom]

The 2 posts above are my thoughts exactly but I'm having difficulty with a number of points.

1. This so clearly constructive dismissal and they have left themselves wide open. These are smart people, why would they do that?

2. I've exceeded targets for all key performance indicators and had no complaints of my work. They just want to do things differently. They are not firing me, just parking me until they have a job for me. Ijust can't come to terms with not being active in my job.

I thought that with constructive dismissal, Id need to walk out straight away, is that not the case?

[davepoth]

Pistom said:

The 2 posts above are my thoughts exactly but I'm having difficulty with a number of points.

1. This so clearly constructive dismissal and they have left themselves wide open. These are smart people, why would they do that?

2. I've exceeded targets for all key performance indicators and had no complaints of my work. They just want to do things differently. They are not firing me, just parking me until they have a job for me. Ijust can't come to terms with not being active in my job.

I thought that with constructive dismissal, Id need to walk out straight away, is that not the case?

You would essentially have to hand in your notice as soon as you are notified to make it constructive dismissal, not after mulling it over for a few days. Constructive dismissal is very hard to prove, and on the assumption that they aren't actually cutting your pay (check about the bonus) or seniority within the business then it really isn't what I would consider constructive dismissal in the traditional sense because their actions aren't forcing you out.

If they want to pay you to sit at home then let them; read those big books, redecorate the house, take up a musical instrument. If they subsequently decide to make you redundant (which is quite likely IMO) then you may have a case for unfair dismissal, which is always easier to deal with.

[WEHGuy]

Start your own business while they are paying you and have very little risk of not paying your mortgage. Loads of people would love to be in your position.

[Wombat3]

If pay and benefits remain the same I can't really see how its some kind of dodge to avoid paying you a redundancy payment, but you might want to be very careful that you get some kind of job description written as to exactly what you are expected to be doing. At the very least have some paper/e-mail trail requesting same.

OTOH sometimes companies "park" people out of harms way when there's going to be "blood on the carpet" for others.....

Edited by Wombat3 on Monday 12th November 01:10

[davepoth]

WEHGuy said:

Start your own business while they are paying you and have very little risk of not paying your mortgage. Loads of people would love to be in your position.

Gardening leave is great fun once you get used to it. I liked to go and feed the ducks.

[Olf]

Does sound a bit weird. You can look at these things in a gloomy way but have you considered what could be the positive side of what's going on? Do they want to give you some separation time so that you can come back into a more senior role?

[mph1977]

all sounds a little bit odd, but you've got at least 12 months relatively easy money

the fact the Ch Exec has invited you to his house must count for something ...

as another poster has said I wonder if you are being 'parked' out of the way of the long knives ...

[Jerry Can]

things you haven't told us:

how long have you worked at the company, are you 'highly salaried', have you delivered on the objectives you were given.

If you side of the story is true - and you haven't omitted the fact that you are shagging the bosses daughter, a bully, or other..then it would appear to me that they want to get rid of you but aren't doing it straight away, possibly due to cost (compensation) but mostly because of your industry or customer knowledge. maybe if you are out of the game for a year, your knowledge will be worth nothing. I'd be looking to get a job with a rival asap, then drop it on the CEO's toes - see what happens then. Either way your days are numbered, and you have approx 364 left.

[NDA]

All good advice above.....

Communication and chemistry sounds odd though. Do you have any mates within the company? What are they saying?

I imagine parking you at home for a year will be a topic of discussion on the corporate jungle drums.

Do your team like you? Surely one of them must be friendly towards you? One of them must have heard something?

As to constructive dismissal.... It is constructive, but it's a painful path to pursue.

You should document what has been said so far - a nice note thanking the CEO for his hospitality and a paragraph saying you're not sure you understand the reasons for the change in your status within the company.....

[SMGB]

NDA said:

All good advice above.....

Communication and chemistry sounds odd though. Do you have any mates within the company? What are they saying?

I imagine parking you at home for a year will be a topic of discussion on the corporate jungle drums.

Do your team like you? Surely one of them must be friendly towards you? One of them must have heard something?

As to constructive dismissal.... It is constructive, but it's a painful path to pursue.

You should document what has been said so far - a nice note thanking the CEO for his hospitality and a paragraph saying you're not sure you understand the reasons for the change in your status within the company.....

I read it that you are fired but they know how effective you are. As you are in sales and have done a good job they dont want you taking all the customers with you or popping up at a competitor. They have thought about how to get you out without hurting their business in the longterm and a year should do it. With a full payout in your bank account now you could go independant and really hurt them, this parks you until you are out of the game. I would think the weekend invite was a bit of kiddology, did you count your fingers after shaking hands? No way will you get any more pointers through the front door and anyone who helped you via the back door would be real mate in the circs. I dont know how hard it is to set up on your own in your business, maybe not practical if you need a national sales team from day 1. Me I would be ringing my contacts today looking for a job or better if I felt I could use the cushion to start on my own I would go for it. I would not give them the slightest inkling you are doing this, they are entitled to exaclty the same consideration as they have shown you, zip, its business not a popularity contest.

[Puggit]

I've heard of similar when a takeover is in the offing. Senior people were parked out of harm's way, the takeover happened and then they could leave easily to join the CEO in his new adventures instead of being locked in to extended contracts.

[Sir Bagalot]

Constructive dismissal? Yes, but for the cost and stress it won't be worth it.

It reads to me that they're telling to go and find another job but giving you 12 months to do it in. Very odd but you must know someone who can feed you the gossip and lowdown on what's going on.

[edc]

All this talk of constructive dismissal is great but what exactly is the end goal or the monetary award you are expecting?

From what you write there is no discrimination and no indication that they are not going to pay any notice or give the correct notice if push came to shove which leaves you out on a limb for a notice pay claim when in fact you may be getting more in the current arrangement.

[fido]

Hmmm .. without being in that position .. it's hard to say. But i'd be looking around for a new role somewhere else. Now or straight after Xmas. Legal route is a no-no, especially if you're in a niche industry. Agree with the rest, make use of your [paid for] spare time and don't just toss off.

[anonymous-user]

IAAL and this is not necessarily a clear case of constructuve dismissal. Does your contract stipulate for garden leave? What does it say about the assignment of work?

[Crafty_]

Puggit said:

I've heard of similar when a takeover is in the offing. Senior people were parked out of harm's way, the takeover happened and then they could leave easily to join the CEO in his new adventures instead of being locked in to extended contracts.

That was similar to my thoughts too, OP is obviously capable and effective at their job so why make him redundant if the money is coming in ? If the OP is to be made redundant why invite him to the residence and show him around ?
In these times it'd be easy to say "cutbacks, need to make sacrifices blah blah, economising.." and just get rid of a layer of management.

I think the boss is showing you he has plenty of resources and has earmarked you for something else. Maybe he's acquiring a company and wants you to take a role in it, but can't divulge any information just yet ?

Whichever way there is more to the story.

[davepoth]

Breadvan72 said:

IAAL

Only on PH.