How To Handle Corporate Blackmail?

An anonymous reader writes "I have been in a software engineering position at a large company for approximately seven years. Recently, for a variety of reasons, I accepted a new job working for a local software company. I have given my employer three weeks' notice, instead of the standard two, as a courtesy. In return, it has been implied that, in spite my record of above-average performance appraisals and promotions, I will be marked as leaving the company 'on bad terms' if I refuse to extend my departure date further. With only three weeks remaining, I am hesitant to rock the boat by contacting our HR department, but this concerns me and seems like an extremely unethical practice. I live in an 'at-will' employment state, so I know that they have no legal recourse to keep me. I am concerned about the references they could give in the future; having spent a large majority of my career at this company, I will be dependent on them for references to verify my career experience. Has anyone ever run into this kind of situation before?"

Comments

contractor position?

[i.r.id10t]

Would you be willing, and would your current employer be willing, to stay on a few weeks longer as a contractor at a higher pay rate? Would your new employer allow you to change your start date?

Re:contractor position?

[commodore64_love]

I agree.

In this situation I would take the "me me me" approach and weigh respective salaries. If the old job pays more than the new job, then I would extend to my notice from 3 to 4 weeks and pocket the extra cash. If the new job pays more, then I'd maneuver into the new job as soon as possible, rather than stay in a toxic environment. See more below.

>>>it has been implied that I will be marked as leaving the company 'on bad terms' if I refuse to extend my departure date further.

Implications don't mean much. You need to have it in writing. So if this person "implying" a bad reference is your asshole boss, I would ask him for clarification; maybe he didn't mean what it sounded like. If he confirms he did mean it, ask for it in writing (or capture it on tape) and forward a copy to HR to see if they concur with that manager's assessment. Could be that the manager himself will soon be fired.

And as for bad references, I've known many employees who sued their previous employers for giving bad reference. For that reason most corporations say nothing, except to confirm "yes this guy worked here starting ____ and ending ____". They don't want to get sued so they avoid saying anything negative. I would not be worried.

Re:contractor position?

[Maxo-Texas]

Firstly,
Capture their communications saying they would give you a bad rating for leaving on 3 weeks notice.
Then take the notice down to 2 weeks as the parent poster suggests

Secondly
Companies no longer give references in many cases. All they do is record years of service and pay. They have enormous legal exposure for doing otherwise.

Thirdly,
If they are really pissy, I'd say "you know... I feel really ill today". You probably have 2 weeks of sick time. Come in late... leave early. For bonus points, Gut a fish on your desk.

Fourthly
Your *real* references come from work friends and managers who you were on friendly terms with. Get their names and numbers. Screw the company. It may not even exist in 2 years.

Re:contractor position?

[AuMatar]

Actually, now that I've thought for a second, this isn't the best idea (its still what I would probably have done though). The best idea is to meekly agree, walk back to your desk, write up an email explaining what happened, the manager who did it, and saying goodbye to all your friends. Add to the end that in light of events, this email should be treated as your official letter of resignation, effective immediately. Then send it to the company-wide list (or other largest email list you have access to). That way your boss will probably end up losing his job over it, unless you're widely unpopular or he's very politically connected (which is unlikely if he's stupid enough to try a move like this).

Re:contractor position?

[Stoutlimb]

I would do something different. I would go back to that manager, and in a conciliatory manner accept his demands, all while having him verbally confirm his demand. I would even grovel and thank him for not messing up my career like he threatened to do.

And I would record it. (It's legal here.)

Then I would give it to my lawyer.

And while working at my next job, I would be happy knowing that my lawyer would be mopping the floor with my previous employer.

Re:contractor position?

[Anonymous Coward]

Yes, it happened to me too.

Yes, I recorded it.

Yes, I got the police to file criminal charges.

Never got any civil $ though because the company insisted that the manager acted on their own and against written company policy.

Still, he got fired and the company is deathly afraid of me - wouldn't dare give a bad reference.

Similar thing happened to me

[biscuitlover]

I got fired from a company I worked for for two years because my boss found some emails I'd sent to a friend of mine (who worked at one of our suppliers) calling him a complete asshole.

This obviously put me in a bit of a tricky situation with references, but luckily the general manager of the company was a good guy and knew that the guy in question indeed was an asshole, so agreed to give me a reference.

Your case is even more clear-cut than mine, in that you have obviously done nothing wrong. Given that some people in your company are obviously acting in a completely childish manner, can you find a sympathetic individual - who's not your boss but is someone high up enough - who can give you a reference?

As a final point, most companies shouldn't give good/bad references for exactly these reasons - they can be used to distort the truth to benefit the company in question. A lot of places just give a standard statement confirming that the employee worked in the specified role between the specified dates - this should be standard.

Corporations are not people, they have no feelings

[Anonymous Coward]

I've moved an left a few jobs, I've been fired from one. In the course of job doing data management, I found the general manager of the company embezzling $20,000 per month. I contacted HR & legal discreetly. Its a publicly traded small company ($150MM market cap). Doesn't matter. The GM fired me shortly thereafter.

Its a small industry, and when people call for references, they say bad things. "Doesn't follow through", "lack of focus", "wouldn't show up". General bullshit. I've lost several good jobs because of this.

Here's the shitter: I HAVE NO FUCKING RECOURSE. I fucking stumbled across some BIOTCH stealing, tried to do the right thing, and now I'm fucking paying the price for it. I've been out of work over a fucking year, and can't get a fucking job to save me. I've burned through ALL my life savings (I'm 38), and have no prospects for work. My wife is stressed and I have young kids to take care of.

So, I don't know what to tell you. Its very possible to get very screwed through no fault of your own.

Remember this, though: Nobody is looking out for you but you. NOBODY. There is no honor at company. No ethics, no morals. NOTHING. If you don't sleep under the same roof, expect nothing of people.

yes, I'm bitter and jaded. And I've earned it.

Re:They're setting themselves up for a lawsuit

[Anonymous Coward]

When I worked in HR calling references, more companies than I would've thought will badmouth you.

Sure it's against the law, but I'm not going to tell the applicant, "We aren't going to hire you due to a shit reference and sure, I'll gladly use my vacation days to go to court with you".

Instead your app gets filed away until it gets old enough to shred.

Re:They're setting themselves up for a lawsuit

[wireloose]

Some states, Illinois among them, require that an employer provide copies of a personnel file or any materials within to the employee, for up to one year following termination, upon employee request. If I were you, I'd go straight to HR and ask for a full copy of your personnel file. They already know you're leaving, they should have no problem with it. There is no federal legislation, so you'll have to check your state laws. I would put the request in writing, indicating that the request is in compliance with whatever statute you can quote. Don't make it a big letter, just a short note. Be sure to: ask for your *complete* file, including evaluations, promotions, and any other documentation they have; quote the applicable statute and paragraph; ask for the copies to be provided within 5 working days; date and sign the letter; keep a signed copy. If you don't get a copy within a week, send a registered letter before you leave, referencing the original, and keep copies of it. If you don't have a copy within a couple of weeks, you'll probably have to talk to a lawyer and show him your records. Most courts would find that 5 days turnaround to make a copy of a file is more than adequate. Disclaimor: IANAL....