Amazon Workers Facing Firing Can Appeal To a Jury of Their Co-Workers (bloomberg.com)
An anonymous reader quotes a report from Bloomberg: Jane was working in Amazon's Seattle headquarters when she was asked to a meeting with her manager and a human resources representative. They gave her a document outlining concerns about her work performance and spelled out three choices. She could quit and receive severance pay, spend the next several weeks trying to keep her job by meeting certain performance goals, or square off with her manager in a videoconference version of the Thunderdome, pleading her case with a panel of co-workers while her boss argued against her. Jane, who asked that her real name not be used to discuss a personal matter, chose the last one.
Amazon is borrowing a page from union grievance processes that don't apply to most corporate employees. But only about 30 percent of those who appeal their manager's criticisms prevail, meaning they can keep their jobs or seek new ones within the company with different bosses, according to people familiar with the matter. Eighteen months after its debut, the hearing process has created resentment and raised questions about fairness, according to current and former workers as well as attorneys familiar with their situations. "It's a kangaroo court," says George Tamblyn, a Seattle employment lawyer who helped one former Amazon worker plan her appeal earlier this year. "My impression of the process is it's totally unfair." According to a person familiar with the process, the workers who fail to make their case and get their job back can still choose between severance pay or a performance-improvement plan. The program, called "Pivot," was started last year.
Here's what Amazon has to say on the matter: "Pivot is a uniquely Amazonian program that was thoughtfully designed to provide a fair and transparent process for employees who need support. When employees are placed in Pivot, they have the option of working with their manager and HR to improve with a clear plan forward, of leaving Amazon with severance, or of appealing if they feel they shouldn't be in the program. Just over a year into program, we're pleased with the support it offers our employees and we're continuing to iterate based on employee feedback and their needs."
Amazon is borrowing a page from union grievance processes that don't apply to most corporate employees. But only about 30 percent of those who appeal their manager's criticisms prevail, meaning they can keep their jobs or seek new ones within the company with different bosses, according to people familiar with the matter. Eighteen months after its debut, the hearing process has created resentment and raised questions about fairness, according to current and former workers as well as attorneys familiar with their situations. "It's a kangaroo court," says George Tamblyn, a Seattle employment lawyer who helped one former Amazon worker plan her appeal earlier this year. "My impression of the process is it's totally unfair." According to a person familiar with the process, the workers who fail to make their case and get their job back can still choose between severance pay or a performance-improvement plan. The program, called "Pivot," was started last year.
Here's what Amazon has to say on the matter: "Pivot is a uniquely Amazonian program that was thoughtfully designed to provide a fair and transparent process for employees who need support. When employees are placed in Pivot, they have the option of working with their manager and HR to improve with a clear plan forward, of leaving Amazon with severance, or of appealing if they feel they shouldn't be in the program. Just over a year into program, we're pleased with the support it offers our employees and we're continuing to iterate based on employee feedback and their needs."
Sounds like a union. If an employee is fired, they can appeal to the union to get their job back. However, I've never seen a case where the union didn't side with the employee.
I'm betting they implemented this process to avoid true unionization.
One of our competitors trademarked the term "hypothesis". From now on, we will call them "boneheaded ideas".
After reading the article the outcome seems to be,
How is either of these outcome going to be better for the company or the employee?
Isn't that about the same as forced arbitration?
Not really. You can lose in arbitration. But she can't lose in this process. She has three choices. If she chooses the 3rd, and the "jury" votes against her, she can still go back to option 1 or 2. So if she wants to keep her job, picking option 3 is a no-brainer.
However, I have found that when people are fired for cause, their co-workers are generally not very sympathetic. Peers are usually more aware than management of who is deadweight. Often the prevailing sentiment is "What took so long?"
That review is frightening. The manager frames it as if (s)he is doing something good for you and the company, whereas everybody knows that this is just a way to exit an employee without cause. What causes this behavior, is it just pure malice, or is the manager's job in jeopardy if they don't exit X number of employees this way each year? A bit of both?
When all you have is a hammer, every problem starts to look like a thumb.