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Old 09-10-2010, 06:16 PM
 
Location: Buffalo, trying to leave
1,228 posts, read 3,719,529 times
Reputation: 779

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This is what my boss said to me today. As I said in another thread I got a promotion, and before I accept she tells me this. The promotion job is part-time, but I am getting an 18% raise, if she were in my shoes she'd keep applying too! It really irks me, and I do plan on still applying, although in super stealth mode

But can my work really do this? I know about employment at will, but I've never heard of this before, and I'm sure HR would freak out.

The crazy thing is today I just got 2 interviews, and both are out of town, so being sneaky about it becomes difficult because I am called several times each day off to help my manager with things, and when I don't pick up she quizzes me on what I've been doing (my answer nearly each time, "nothing much, just kept my cell phone on silent.")

I do work for a very desirable company to work for, and actually enjoy my job, but my fear is that she'll somehow find out, maybe someone will call to check references...

My thought is that if someone called for a reference that I would say that I applied a long time ago, and hadn't even interviewed yet, or else that I interviewed before this job, and wasn't considering the position anymore.
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Old 09-10-2010, 06:46 PM
 
4,796 posts, read 22,909,927 times
Reputation: 5047
Yup, they can do it. And many employers do so not just with promotions but in other situations too. It's pretty common for these policies to also be applied to new employees, workers 'borrowing' vacation or sick time they haven't earned yet, or those taking FMLA leave.

Given your boss' warning, I think it is unrealistic to expect you'll have the chance to explain anything or make any excuses. If her radar goes off even a little bit, she'll likely fire you without giving you the chance to explain anything. It's quite likely that a future employer is going to spill the beans, even accidentally. Your boss' radar is already atuned to you so any call is likely to make her suspicious. And asking a future employer to engage in subterfuge on your behalf is probably not going to enamor them of you.

Perhaps you should consider declining the promotion. At the very least do not provide your employer as a reference.
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Old 09-10-2010, 07:32 PM
 
Location: The City That Never Sleeps
2,043 posts, read 5,524,257 times
Reputation: 3406
I'm curious as to how the boss found out about this promotion. If she fires you, you can apply for unemployment. If the promotion pays more I would definitely go for it. Who wants to work under a paranoid boss who wants to control your life that way? They would fire you in a second without notice yet they want to dictate what you do with your personal time. After reading your post it sounds like she is creating a very unpleasant environment for you. I personally would leave for the promotion, or keep interviewing. If she doesn't want to give references, that's fine. I would use someone else at the company. You cannot allow someone else to run your life. You have to live by your own rules and not be anybody's doormat.
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Old 09-10-2010, 07:34 PM
 
Location: The City That Never Sleeps
2,043 posts, read 5,524,257 times
Reputation: 3406
Yes, it is "employment at will." I would research this concept and understand what it is, if you are not quite clear on it. I would discuss the inappropriate behavior of the boss with HR.
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Old 09-10-2010, 07:45 PM
 
Location: Buffalo, trying to leave
1,228 posts, read 3,719,529 times
Reputation: 779
Quote:
I'm curious as to how the boss found out about this promotion.
She gave me the promotion.

Quote:
After reading your post it sounds like she is creating a very unpleasant environment for you.
Not really, but the idea of getting fired for trying to get full-time work is very unpleasant. I like my boss on a personal level, and have spent time with her family. She's a great person, it's just sometimes I think that she lacks confidence.

I also think that she's worried that if I quit in the very near term that they would end up with a huge void, because this job actually requires very specific knowledge that most people don't have. It's not complicated, it's just a matter of knowing a dozen or so computer programs.
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Old 09-10-2010, 07:48 PM
 
4,796 posts, read 22,909,927 times
Reputation: 5047
Quote:
I'm curious as to how the boss found out about this promotion. If she fires you, you can apply for unemployment.
The boss knows about the promotion because the boss is the one offering the promotion. OP is currently applying for jobs elsewhere and was hoping to accept the promotion and then quit fairly soon after to take a better job elsewhere.

Yeah, OP could apply for unemployment if fired, but would be denied. Because you aren't eligible if you are fired for cause, which includes breaking a policy or rule. The boss has told her of this rule, and if OP continues, they would not be awarded benefits.
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Old 09-10-2010, 08:07 PM
 
Location: Buffalo, trying to leave
1,228 posts, read 3,719,529 times
Reputation: 779
Quote:
Originally Posted by kodaka View Post
Yeah, OP could apply for unemployment if fired, but would be denied. Because you aren't eligible if you are fired for cause, which includes breaking a policy or rule. The boss has told her of this rule, and if OP continues, they would not be awarded benefits.
You are certainly mistaken. If you get fired the only way they'll deny the claim in NY is gross negligence. This is far from it.

I wouldn't apply either way. But you know as well as I do that this isn't written down anywhere, no lawyer would be stupid enough to let that slide.

I signed the new contract, it's very brief (16 pages), and there is no clause about applying elsewhere. I work for a company with around 40,000 employees, these contracts are scrutinized heavily.

If I were to apply UE, they wouldn't contest it, I have a contract, they have their word that says that they told me something other than what's on the contract.

I'm far more worried about the appearance of a firing on my work record.

I will still take those interviews because I need to earn more, relocate closer to family, and most importantly work full time. I'm not letting an empty threat deter me. I already told my boss I have a few applications out (she asked), if they call I said what I would say.

I'm a very good worker, constantly get very good reviews (top 10%), but this company just is not good for internal applicants (it doesn't help that they've laid off nearly 2000 in Buffalo since 2006)
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Old 09-10-2010, 08:18 PM
NSX
 
877 posts, read 2,168,836 times
Reputation: 714
I'd just apply, but keep it on the down low. If she was a "good person", she wouldn't be acting like a petty tyrant. Have some self-respect.
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Old 09-10-2010, 11:48 PM
JS1
 
1,896 posts, read 6,769,430 times
Reputation: 1622
If you have a contract, then you're not covered by employment at will, which means your boss can't fire you
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Old 09-11-2010, 12:03 AM
 
Location: Spokane via Sydney,Australia
6,612 posts, read 12,843,722 times
Reputation: 3132
Look on the bright side - I doubt very much that UE would consider being fired for simply APPLYING to other jobs would be considered "for cause".
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