VP demands employee inform coworker about her termination "by noon", despite coworker being on approved medical leave and set to have surgery that day, VP claims to be unaware of her leave: 'It would look like we're retaliating for her taking leave'

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  • Doctor talking to his friendly patient
  • Boss tried to lay off my team member who is on medical leave

    My boss decided he wanted to lay off someone in my team. She's great but we don't have a ton of work now, so it's a challenge to justify everyone's job, and my boss doesn't listen to anyone else's opinions anyways.
  • This guy somehow got to be a VP. IMO he picked her because she's the only woman in his broader team, and he has openly made misogynistic comments.
  • He thinks she's not "aggressive" enough, but I'm pretty sure the only way to work with all guys (especially these guys) is to be very subtle.
  • He mentioned this layoff to me maybe 6 months ago and told me I had no say in the matter.
  • He never mentioned it again. His layoff threats typically don't come to fruition, but it turned out he did indeed put her on a list for December layoffs.
  • A few months ago, she applied for medical leave for multiple surgeries, which would require her to go on and off medical leave several times.
  • We use a third- party for leave requests. Leave was granted and she has been out of office since then.
  • On Monday he asked if I had laid her off yet. I hadn't received any information from HR telling me I had to do a layoff.
  • I asked him "how can I lay her off if she's on medical leave?" He said he had no idea about medical leave, HR never told him anything.
  • MEDICAL LEAVE Employee approved
  • He said he'd reach out to HR for clarification. I never heard anything else from him.
  • He also tried to say he had seen her in the office recently; sh has been gone for almost two months.
  • HR set up a call with me for today. The HR rep told me to notify her by noon.
  • I asked how I could lay her off when she's on medical leave. HR: "she's not on medical leave.
  • She was, but returned to work." Me: "she's having surgery today. She was approved for multiple leaves." HR: "we got bad info from third party.
  • But we need to take her off the layoff list. And I need to talk to legal.
  • This would look like we are retaliating for her taking leave." I said my boss was supposed to reach out to her.
  • She said he did, she replied, and then she never heard back from him, so she assumed everything could
  • My boss hates when anything is in writing. So rather than call him or go talk to him, I texted him: "re: layoff.
  • Did HR talk to you? They said they need to consult with legal." All he responded with was "HR will talk to legal." Our corporate metrics require layoffs to be done before January 1, so afaict there's no point in laying her off for a full year at this point.
  • Affectionate-Alps527 That's not entirely true, at least in my jurisdiction. If you lay off one person, and it's the person on leave, yes that's a lawsuit. If there is a broader team, department, or business unit layoff that captures people on leave, it's reasonable and the advice from a lawyer would be to accept the reality and negotiate severance.
  • A boss and an employee having an intense conversation at their office desk
  • OP Icy-Rock793 I would have had to do the notification essentially as she was coming out of surgery. There are lots of ways to avoid liability but that's too sloppy
  • AussieHyena Looking at the comment and post history of their other account (which replied to yours) it looks like the entire department is being laid off.
  • OP Icy-Rock793 There are three ICs in the US, and two of them were on the layoff list. They are keeping a guy who sucks at his job, getting rid of another guy who hasn't done anything ounce of work in years, and then she was the other cut. But I definitely couldn't lay her off yesterday while she was in surgery
  • Zestyclose_Belt_6148 Curious: what space/industry is this in?
  • OP Icy-Rock793 Big tech. I don't think other industries are this sloppy but what do I know
  • SmallHeath555 You can lay someone off who is on medical leave. their performance is poor or the company is having overall reductions. Had to do it recently with someone. Never good, but it's not always a no go
  • OP Icy-Rock793 I'm pretty sure I couldn't lay her off on Friday while she was under anesthesia
  • jackarroo You gotta get a new job, "my boss hates when anything is in writing" is a bonkers red flag. This man is built to throw you under the bus.
  • ThrowRAkakareborn Laying someone off while or immediately after medical leave is a walking lawsuit, no one would touch that can of worms with a stick, it's not worth it. She will not be fired at the moment, legal will rip whoever is trying to fire her a new one

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