Did my "employer" just violate some kind of labor law?

"themanwithsauce - has as many vehicles as job titles" (themanwithsauce) 10/01/2020 at 17:59 • Filed to: None

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*Clarifying edit* Just to clear up a few things about what’s happening now that I’ve had some time.to eat dinner and do some digging :

1) my new employer used to own part of the old company but they divested themselves of that this week and bought out remaining stock.

2) I am the only person whose employment was effected by this, apparently. And they just transfered over my old salary and vacation time. No chance for negotiation. But, and this is key, I dug through my emails and there is one chain where my old boss told the new company what my compensation package is and that both parties accepted those terms. Here's the thing - I am not a contractor, and I reviewed my (very short) employee handbook. No one at either company had the right to accept employment terms on my behalf. Now, because I "accepted" the employment, that's definitely slimy and wrong, but not illegal. However.....

3) I was told to sign documents under the guise that the new position would be the same as the old one and it was just a change in who was footing the bill. I just checked and according to Michigan law, the email exchanges between me and everyone involved saying “sign these forms, there is no change in your work location or duties” does actually constitute an agreement for employment so I am answering my own question above. If they go through with the change in location and duties that would be a violation of that agreement and they are in the wrong, possibly even to the point of being in violation of it. If nothing else, I think this is my leverage to at least get more time or a chance to renegotiate this.

4) I have not been given a formal notice o f termination of employment with my old company. I think this is to make sure I have health insurance since I was told I couldn’t get insurance at the new place for 60 days.

Hope that clears up a few things.

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Okay....I ranted earlier about the Enclave ST because of what’s been happening this week. I think I just became the victim of a violation of labor law, but I want a quick sanity check to make sure I’m not missing anything before I go shopping for a lawyer.

On monday, my boss called me in for a meeting to basically say “Hey, we entered a partnership with our parent company, you’re now paid by them”. Okay, cool.

On tuesday, I get told they can’t “transfer over my information” so I need to basically fill out paperwork as if I was a brand new employee......weeeeird but not unheard of I guess? Oh and I also have a new supervisor and work location.....Also weeeeeeird and now shady too.

On wednesday, the ball drops - they look at my schedule and what I do and say “Well, he’s our employee now so he’s doing x, y, and z”. Keep in mind, I have YET to have anyone actually sit down and explain to me what exactly I’m doing and what’s going on.

Today I vocalized my complaints only to be met with “Well just come down to the onboarding session and we’ll talk about your new role (that you already agreed to do!) over lunch”.

I’m sorry, back the fuck up here?!?!?! Last I checked, yes I could be fired at-will by a current employer, but I don’t think you’re allowed to literally just send me to another company to do a different job without so much as a courtesy email and then tell me “Do this job that is a complete 180 to what you were doing before”. Oh and keep in mind, it looks like I will not be allowed to do work for my “old” employer now, I guess, so they’re absolutely FUCKED. I told one of our biggest customers a very light overview of what happened and he immediately said if I leave, he’s taking his business to another company. Oh and I’m the one who handles all our paperwork for wastewater, OSHA, hazmat shipping, and more.....Just typing all this out I am in genuine disbelief that they’re just doing this.....I don’t get it. Why take an employee from another company without notifying them to have them do a different job?

I have been genuinely near mental breakdown status for most of this week trying to figure out how to help dig some people out of this one and just trying to process this whole event.

CarsofFortLangley - Oppo Forever > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:06

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Labour law?  THIS IS AMERICA.

dogisbadob > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:12

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I don’t see any violation of labor laws like wage and overtime shit or safety OSHA problems

It is possible that the parent company is restructuring shit, moving employees and laying off others

Are you qualified for the new job? Do you have the skills and experience needed?

This is what we'll show whenever you publish anything on Kinja: > CarsofFortLangley - Oppo Forever 10/01/2020 at 18:13

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That reminds me, I need to pick up some bootstrap conditioner.

My bird IS the word > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:13

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I am not aware of any laws that this would violate, but a heap of management principles for sure . Your state laws may vary and there can be niche laws that cover this type of situation. Sorry to hear man.

Highlander-Datsuns are Forever > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:14

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This is a bit confusing, but it sounds like your boss sold his company to the “parent” company and now all of the employees fall under that umbrella?

Now under a new manager they don’t know what you did previously or what to do with you?

themanwithsauce - has as many vehicles as job titles > Highlander-Datsuns are Forever 10/01/2020 at 18:15

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Nope, company was not sold. Just me. I’m the only employee doing this.

Chariotoflove > CarsofFortLangley - Oppo Forever 10/01/2020 at 18:16

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That’s right, and we don’t do “ Labour” , mister. Take your foreign spellings back to the ice flows.

themanwithsauce - has as many vehicles as job titles > dogisbadob 10/01/2020 at 18:17

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I should clarify - the company I’m going to is no longer an owner or partner in the traditional sense. If anything, we had a “divorce” of sorts. I am the only employee doing this.

I don’t know anything about the new position.

InFierority Complex > CarsofFortLangley - Oppo Forever 10/01/2020 at 18:17

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The Commonwealth spelling of labor while saying “This is America” makes this comment all the more funny to me.

Chariotoflove > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:18

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I have no idea whether or not this is legal, but it certainly sounds like you’re being jacked around. My heart goes out to you. When do you get to find out what duties they have in mind for you?  Any chance you’ll actually like the change?

Exage03040 @ opposite-lock.com > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:23

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Been there, quit that... :(

Sovande > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:24

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Did you tell someone no yet? I’d try that.

Seriously, tomorrow morning I would find out who is change of HR, send an email copying them, your new boss, your old boss, the head of everything and blind copy yourself at a personal email address. Explain your concerns, your lack of understanding and ask for a detailed explanation of what is going on. You should not be expected, in my opinion, to have one job Monday and then Tuesday come in to find you are now paid by a new company and have a new role. That's just inconsiderate. 

CarsofFortLangley - Oppo Forever > Chariotoflove 10/01/2020 at 18:24

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Much like a functioning healthcare system and the metric system, proper spelling is one more thing that the US continues to eschew.

But FREEDOM right!?

someassemblyrequired > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:25

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They will have to pay you anything you are due or transfer it ( like vacation pay or retirement match ) but you are at will. Your old company and customers are dead to you, and their problems are not your problems. You have zero responsibility to them. If you don’t like the new job after a few weeks , then start looking around.

Highlander-Datsuns are Forever > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:26

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Basically you just signed a new employment contract and was unintentionally separated from your old company? Seems like there should be some documentation for firing or letting you go before you sign the bottom line on your new employer? If you get fired today how would you get unemployment without proof of being let go?

dogisbadob > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:28

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oh ok, that makes sense. So it’s like a spinoff, right? I thought it was the other way around, that the new company bought the old company.

For example, Kraft spun off their snack business recently. The snackers are now a separate company called Mondelez

themanwithsauce - has as many vehicles as job titles > Highlander-Datsuns are Forever 10/01/2020 at 18:28

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To my knowledge, they can’t do that because then I’d be without health insurance, which I paid for, since the new company’s policy is 60 days before insurance benefits are available. But maybe that’s also a lie?

themanwithsauce - has as many vehicles as job titles > dogisbadob 10/01/2020 at 18:30

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Kind of? I think what happened is my old ocmpany was par tially owned by the new company, but then some investors came in and bought out that share. The new company made a check to purchase remaining inventory and equipment related to products we made and now the co mpany does contract blending with its own employees. I however was moved to the new company.....somehow....I think?

Future next gen S2000 owner > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:31

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I have no idea but it is quitting time for me and I need a tequila.

Cheers.

The Missus just went through some weird stuff with her job. A bit more above board than yours. I don’t know if anything is illegal, but at least you didn’t get shitcanned. They are paying you presumably.

Highlander-Datsuns are Forever > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:32

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Too bad Immoralminority isn’t here anymore this is his game (even if he is an ass he knows his shit) . I am lousy with this kind of stuff and only know basic employment law so I don’t do anything dumb. Sounds shiftier than shit tho, I don’t have any good feelings about this situation. I can’t believe your old boss would give away an employee who has the training and skills needed to do the work they do.

Chariotoflove > CarsofFortLangley - Oppo Forever 10/01/2020 at 18:32

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Ges undheit! Better get that cold checked out by your cracker jack medical system.

barnie > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:33

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Ha! Back in ‘87 I was working for PMSC outta Cola SC. Went to visit my girl in Petaluma and told my boss I was going to move  out there, do they have a place for me? They did and I went to FFI for a new project since it was using our s/w. Found out my 14k salary was lite for the area, told my bosses. 3-days later a lady from FFI came to my cubicle and said to follow her to fill out paperwork. Huh? I was traded to FFI for unknown somethings like a ball player. For the new salary of 35k, I went with it...

Highlander-Datsuns are Forever > CarsofFortLangley - Oppo Forever 10/01/2020 at 18:38

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We actually have well defined labor law, it’s just all about fending for yourself.

krustywantout > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 18:52

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It sounds like company A (the one you worked for) layed you off and told company B to hire you without you agreeing to it. You should at a minimum have company A provide a letter saying you were layed off and your old position in the company no longer available. Company B needs to provide you an employment letter stating your new work responsibilities and start date. Company A can’t just send you off to a new company without written notification and acceptance by you especially if the company B makes you do a job you never agreed to or is  not similar to your previous job.

Yo u have a right to be upset but tread softly because you are in employment limbo and you don’t want to be unemployed because you are being aggressive. I would also call your state employee help line because they might answer some of these questions. Good luck. 

The Snowman > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 19:00

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Personally I would look at this as an opportunity to negotiate a better salary with the new employer while at the same time talking to the customers who think you are good enough to stop using your company, might be cheaper for them to just higher you. Overall this is some shady shit but I don't see anything illegal in it BTW I am no lawyer.

Verdog ~ manual Bro, Bro - HellHawk Equipped > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 19:10

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Legit, Your original description was questionable , but clarification says its all kosher.

wafflesnfalafel > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 19:13

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T hat sounds more like bad communication on their part, (which is stupid but likely not illegal.) It doesn’t sound like they are forcing you to reapply, which is even better, (and what my employer has done in the past...)  Best of luck with the “new” position, whatever that may end up being...  Might be an opportunity to help your new overlords.

415s30 W123TSXWaggoIIIIIIo ( •_•))°) > Highlander-Datsuns are Forever 10/01/2020 at 19:22

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I like my union because I have an office of people ready to dispute anything we need and if anything happens we all know, one little paycheck dispute and the whole union talks about it.

If only EssExTee could be so grossly incandescent > Chariotoflove 10/01/2020 at 19:31

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*ice floes

If only EssExTee could be so grossly incandescent > dogisbadob 10/01/2020 at 19:32

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Mondelez isn’t new, they’ve been the parent company for Nabisco for quite some time now.

dogisbadob > If only EssExTee could be so grossly incandescent 10/01/2020 at 19:43

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since the fall of 2012

Yeah I know it’s awhile ago, but it doesn’t seem that old to me (notwithstanding that 2020 has been like a year a month)

Point is, when it happened, Kraft employees became Mondelez employees and probably had to sign new paperwork and shit

themanwithsauce - has as many vehicles as job titles > Verdog ~ manual Bro, Bro - HellHawk Equipped 10/01/2020 at 20:01

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So I made some clarification statements at the top of the post, and thisnis how I should be putting the problem into words. I was basically told “sign these documents and accept this new position and nothing will change”. So I did. And now I’m being told “actually we’re changing everything now”. In Michigan, and I checked this, if you do that maneuver you have broken a verbal or written agreement in terms of your employment status.  S o while I agree the rest is people being at best dumb, at worst jackasses , that one part is possibly illegal and that’s where I can go back and say “we *could* go to court or maybe we don’t and all take a few steps back here”. At least, that's my game plan if things go south. Also hopefully someone there has the actual plan and this gets resolved smoothly.

50ford500 > Highlander-Datsuns are Forever 10/01/2020 at 20:04

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Wait what happened to immoral minority?

Highlander-Datsuns are Forever > 50ford500 10/01/2020 at 20:19

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He was unable to properly express his feelings without making dickish personal attacks.

Chariotoflove > If only EssExTee could be so grossly incandescent 10/01/2020 at 20:45

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Yup, my bad.  Sorry.

avalonian > 50ford500 10/01/2020 at 21:12

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Yeah, seconded

Dr. Zoidberg - RIP Oppo > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 21:48

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Incredibly shady but I’d put a decent chunk of money on the table and wager that it’s probably not illegal. It's a shame you didn't stop yourself from signing the new contract with the new company.

themanwithsauce - has as many vehicles as job titles > Dr. Zoidberg - RIP Oppo 10/01/2020 at 22:43

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Having done so me digging, it is, and I have proof, I just don’t think a court battle will be necessary for everyone to get something much more hospitable out of this.

Long story short - I was told to sign the papers and get one job (my current one) only for them to say “j/k you don’t get your old job” which, under my state’s labor law is violation of agreement on terms of employment. I’ve been saving emails and text messages between me and the affected parties just in case, but I’m 90% sure it won’t go to that point. Also an old customer from a job I did years ago heard I was no longer working for my old company so I have an interview set up next week. Which also helps things avoid a drawn out dispute.

Grindintosecond > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 23:08

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Check other legaleez e of those papers where you may have agreed to arbitration in all disputes, keeping it in house, and keeping you fucked behind doors.

themanwithsauce - has as many vehicles as job titles > Grindintosecond 10/01/2020 at 23:21

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100% forgot about that....I know there was some writing about it somewhere so I’ll have to look into that tomorrow if smarter heads aren’t present. Th anks for the reminder!

Derpwagon > Highlander-Datsuns are Forever 10/01/2020 at 23:35

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He also got railroaded and constantly baited by a handful of equally dickish people who apparently have enough moderators in their pocket that he was banned while they weren’t. It was not one sided.

Textured Soy Protein > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 23:38

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Friendly neighborhood director of recruiting checking in.

You may be in the right but the only way to force the issue at this point is to get lawyers involved at great hassle and expense.

Best move to to start looking for jobs while you go along with whatever BS this is they’re doing, for purposes of keeping gainful employment.

When I interview people I always ask them what brings them to the job market and where are they at in the search. If/when you get asked this question, without going into unnecessary levels of detail, you can answer that your current employer is going through an acquisition/reorganization, your role is going to change as part of this, and you're looking for a new job that more closely aligns with what you actually want to do. This is a perfectly valid thing to say and most people who hear it should feel fine about it. I won't say everybody because there's no accounting for individual bad behavior among people with hiring responsibilities.

themanwithsauce - has as many vehicles as job titles > Textured Soy Protein 10/01/2020 at 23:40

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Your ideas are relevant to me and I wish to subscribe to your newsletter (and NOT subscribe to kinja’s)

Textured Soy Protein > themanwithsauce - has as many vehicles as job titles 10/01/2020 at 23:49

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Happy to help. Just make sure to not sound bothered by the fact that this change is happening. Without using this many words, you want whoever interviews you to get the impression you understand the current company can do what they’re doing, it's out of your control, but the new role isn't the best fit for you. 

50ford500 > Derpwagon 10/02/2020 at 08:36

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Few things are 

50ford500 > Highlander-Datsuns are Forever 10/02/2020 at 08:37

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I see.. I’d ask in relation to what but it’s really none of my business. I was simply curious thanks

Grindintosecond > themanwithsauce - has as many vehicles as job titles 10/02/2020 at 09:22

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Yeah. It's a new favorite. It's in your cell phone agreement!

Highlander-Datsuns are Forever > 50ford500 10/02/2020 at 09:45

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TBH I quit following, reading or replying to his posts several months prior to the ban because of his cutting remarks.

50ford500 > Highlander-Datsuns are Forever 10/03/2020 at 11:36

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I must have missed the responses but I know things get heated occasionally here especially when one disagrees with the hive mind me myself? I’m just here to see oppo things and enjoy them.