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Took a buyout under false pretenses

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vmedia

Junior Member
I work as a supervisor for a major manufacturer located in Ohio and have 11 years steady employement with them. Last year they offered buyouts (voluntary termintations) and early-retirements to all management. Upper management said that they would offer no advice to us in making the decision since they didn't want to unfairly influence our decision. They refused to answer any questions and refused to give guidance on the state of the company or the future plans of the company. However, there were three things that they made clear -

1. Supervisors were being reduced from all facilities and being replaced by hourly work-circle leaders. They would not answer the question if they even wanted to keep ONE supervisor on staff after the buyout deadline.

2. If a supervisor chose not to take the buyout there was a strong probability that we would have to transfer to another facility.

3. There was a strong likelihood of layoffs if you were not transferred to another facility.

Some history on my personal situation. About 12 months prior to this offer, management announced that the entire facility was closing and all management needed to find another site to transfer to asap. The corp HR director visited our site and told us all the site was "definitely" closing and we all needed to transfer if we wanted to keep our jobs. Being the good soldier I complied and found another position to transfer to about 200 miles away. I left my family (4 kids) at home with the wife and began working in this new city. My wife was to pack and sell the house and eventually move there.

Shortly after taking this new job there was talk that the site that I had just left was NOT going to close. In fact, it never did!! Temp supervisors replaced the supervisors that left (2 of us were transferred). I was later asked by upper-management if I wanted to go back because the other supervisor was really making complaints about being tricked into leaving our families. After 9 months of commuting between cities and only seeing my family on weekends I finally made it back to my original plant. It was very stressful on my family and I really went into debt during this time because gas was $4/gallon!

So, when presented with the options above, taking a buyout seemed like a decent offer. I did NOT want to put my family thru the hell of moving again and I did not want to be laid off. I did not want to quit my job but I felt that I had limited options. In fact, my decision to take the buyout was cemented when the regional VP visited our facility to address the hourly staff. In front of the entire management team he told the hourly staff that he did not need ANY supervisors to run the plant and he didn't care if all of the supervisors took the buyout. I was present for this meeting which was embarassing and awkward for me to say the least!

Ok, fast-forward. I took the buyout in November as did a whopping 60% of our division management. A few days before my "final day" I was approached by management and asked if I'd be interested in extending my employment as they didn't have the manpower (supervisors) to run the business. I agreed to stay on and have been continuously employed ever since. I received a buyout check a long time ago btw.

Now, here's what I'm upset about. Management did install 3 hourly work-circle leaders recently. They are unfortunately totally incapable of performing without constant assistance from supervisors. Two don't have the mental capacity for the position and none of them are able to direct the workforce. Management also hired 2 temporary supervisors who work full-time. Yesterday, I found out that management has been authorized by corporate to hire one permanent operations manager and at least one permanent supervisor as well as two additional temporary supervisors at my facility!

Even the hourly laugh about it and question why we were still working if we were supposed to be replaced by work-circle leaders from the hourly ranks. And now management wants to replace the management staff that they just displaced.

I am feeling that I was deceived in order to get me to quit and I want to know what there is I can do about it now. Looking back on the half-truths and bad information that management has given supervisors over the last 3 years it appears to be a pattern of deception.

So, I'm employed for now - but my days are numbered. What should my next step be? Do I have to wait until they get rid of me in order to raise an objection? I'm a little nervous about making waves as I just feel they'll get rid of me if I object. I fully expect management to say that I voluntarily quit and the choice was entirely mine... but I feel it was all under false pretenses.

BTW, the buyout letter that I signed stated that everyone taking the buyout would have a final date of December and that there would be no extensions. I was asked to initial this letter in order to extend it on 2 occasions when I was extended for a month. Now management says I'm extended "indefinitely" but I don't know what that means. Didn't they break the terms of their own contract by extending me when they clearly stated there would be no extensions????

Also, I know of another supervisor that took the buyout in New York that feels he was duped into taking the buyout. His situation is similar - he's still working too! What a company!What is the name of your state (only U.S. law)?
 


I dont understand why you are upset. You collected the money on the buyout and you are upset that they kept you employed after the buyout deadline?

Why would you want to object to a "violation" of the contract that worked to your favor?

When they eventually fire you, go collect unemployment.
 

vmedia

Junior Member
We were duped into accepting the buyout because we were misled into believing that we had no future if we stayed. I thought I made that clear but maybe not. Being lied to about our future is the issue - not the contract.
 

Zigner

Senior Member, Non-Attorney
We were duped into accepting the buyout because we were misled into believing that we had no future if we stayed. I thought I made that clear but maybe not. Being lied to about our future is the issue - not the contract.

So, you got a chunk of money AND you continued employment. I really don't see the problem.

You know what? You should teach them a lesson! Quit! That'll show 'em! :rolleyes:
 

vmedia

Junior Member
If someone could offer advice based on legal interpretation rather than simplistic witty banter I would apprecite it. I'm not looking for one-liners.
 

Zigner

Senior Member, Non-Attorney
If someone could offer advice based on legal interpretation rather than simplistic witty banter I would apprecite it. I'm not looking for one-liners.

Ok, legally, you're an idiot. You continued your employment AND got a fat bonus. Consider yourself lucky.
 

vmedia

Junior Member
zigner you must think very highly of yourself. If you couldn't gather from my response to your last witless post I have already discounted your input for what it is. Thanks for overstating the obvious about my luck. (duh...)

Now why don't you go play with your gavel and let the adults talk. I'm still looking for some real legal advice. (not you zig)
 

pattytx

Senior Member
You accepted the buyout. Your profited from the buyout. You still have a job. You have no legal recourse.

Have you been living under a rock? The economy has tanked in the past two years. Have you ever considered that MAYBE the company's situation very recently improved enough to NOT have to close immediately? You think companies ENJOY closing a location? They have found a way not to right now; it still may come. Or not. Your opinion of the efficiency of management decisions not withstanding.
 
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tranquility

Senior Member
Basic damages in contract is benefit of the bargain. Basic damages in tort is to be made whole. How can the company change their position regarding you to give you the benefit of the bargain? How can they make you whole? In either tort or contract, you, as the previous poster(s) have said, you have no damages. You have no case.
 

cbg

I'm a Northern Girl
No, no, no, you guys. You're not getting it at all.

The poster is not getting what he wants from you. "Real legal advice" means, tell me how to go about suing my employer.

"You have no case", while true, is not what he wants. He wants a big juicy lawsuit. "Real legal advice" means telling him how to get one.
 
zigner you must think very highly of yourself. If you couldn't gather from my response to your last witless post I have already discounted your input for what it is. Thanks for overstating the obvious about my luck. (duh...)

Now why don't you go play with your gavel and let the adults talk. I'm still looking for some real legal advice. (not you zig)

Here is legal advice, which was previously posted in this thread.

If you suffered no damages, then you have no case. If you feel that you have suffered damages, then please state the damages.
 

ecmst12

Senior Member
That's not legal advice. That's just a repetition of what at LEAST 3 others have already posted. It doesn't show that you actually know anything.
 

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