ScottzTotz94
Okay, I’m honestly still trying to figure out what the hell is going on at the moment but here it goes: For some context, I work(ed?) remote for a kind of large 3PL/Consulting company that merged with another company not too long ago.
So, things have been a shizz show over the last year to say the least. My role is kind of niche, I work almost directly with my clients, don’t technically have a boss, thus have little oversight.
Back at the end of January, I received an ominous teams link on a Friday afternoon urging me to jump on. I already knew it was a layoff. Luckily I’ve seen it coming for a few months as the account I worked with was struggling financially as were many of my other clients. I had done a final interview for a new job and had an offer on the table already so no sweat off my back.
After going through the whole song and dance on the call with about 50 other people, they announce that they would pay out 3 months severance paid out bi-weekly and allow us to finish the last few days of the month.
Kind of a good deal for me since I was already lined up for a new job so I’m basically copping an extra few paychecks on top of getting a better job. So, I said goodbye to my colleagues and clients over the next few days, sent my laptop back, went on a little impromptu vacation for a big golf tournament, and started my new job a few weeks later.
A few odd things happened during that time: -I never technically received a separation letter. Just all of the email instructions and acknowledgments. But, the checks were clearing so I didn’t care. -I kept getting calls and texts asking about my “progress on XYZ project” and things like that. Just assumed it was a mix-up.
Fast forward to this morning. I get this kind of nasty gram call from an HR manager and she starts with “Hi, you’re two weeks behind on XYZ required annual training. This is a mandatory item that must be completed on a yearly basis without exception and you haven’t responded to my multiple requests to complete. Why?”
I respond “oh, I’m no longer with the firm I was part of the layoffs, you must still have me on the the compliance list.” To which she replies, “No you weren’t? What do you mean? Did you leave the company?” After going back and forth trying to explain to her, she stops and says “OH FV."
Turns out I wasn’t laid off. What (I guess) happened is that someone else with the same last name and their first name is the same as my middle name (which I go by a variation of) and they added me to the lists. Which, I don’t understand how that didn’t get caught especially since the other guy (in a completely different department) knew.
Even more so, it blows my mind it took them almost TWO months to realize I wasn’t even working there. My clients didn’t know any better but it’s almost laughable they managed to f'ed up that bad haha. No idea what I’m supposed to do from here haha.
lycantivis
Warning keep that money around. As you were not laid off, you didn't get a severance package. To HR/Payroll you were getting paid as though you still worked there. There is a potential chance they come back to you to make you pay that money back, all the way back to your last day of work.
ScottzTotz94
That’s actually what I’m worried about that they may try to get me for “job abandonment” since I stopped “working” but under the pretense I thought I didn’t work there. The only thing that really helps is the fact that I DO have records of the emails and acknowledgements that I can say it’s a reasonable assumption I was laid off.
Calculonx
This Is definitely the time to talk to a Labour lawyer.
pizzamergency
With what he has now, HR/legal will fold up like a crisp pair of jeans. It’s less money to eat the 3-months salary than to fight this in court. The company will take their lumps and most likely not learn a thing from this situation.
TiKels
I had a similar thing happen to me. I quit a job and they forgot to take me off of payroll for like 2-3 pay periods. They tried to ask for the money back, and I was willing to comply, but I mentioned the tax implications, how I'd be "paying back" 401k contributions, etc etc, and they eventually calculated that they'd only save about a thousand dollars and just said to consider it a gift.
fisheee_cx
That’s insane. I’m in HR, have handled multiple large layoffs, and have never encountered that big of a screw up from a company. Whatever you do, do NOT do or say anything that would agree you left the job voluntarily. You did not resign. Do not make it easy for them to go back on what was communicated to you about receiving severance and for how long.
ScottzTotz94
Thanks for the advice! It actually blew my mind how many consecutive mistakes and oversights actually had to happen for this to go unnoticed for so long. I mean, yes my role was very niche and obscure, but it astounds me that this could actually occur or nobody thought to ask “hey, why did you send your company laptop back?”
intelligentmaybe69
Goes to show you how little these companies truly depend on us. Glad you got to take a little trip and the checks still cleared. Hopefully rested for whatever is next!