Career Tips

laidoff/rehired revest


Do laid off employees that are rehired have a leg to stand on asking for past vesting to continue where left off?
My company eliminated my business unit/restructured 2 years ago and I was consequently laid off. 
After trying to get back in ever since, I was recently given an offer to go back but the company said I'm not eligible to have my previous 4.5 years of loyalty/vesting taken into account because I'd  been gone more than 180 days and there are legal reasons.
I voiced that I was not happy about this but accepted the position regardless (I did not want to risk the position by issuing an ultimatum and I'm just happy to be back where I can enjoy my job every day).
I gave 4.5 loyal years during which I always got stellar reviews,   tried to go back the whole last 2 years and even  just  took a very painful 20K paycut and feel hurt that my past loyalty does not count.  I know it's not personal but it is to 'me' and I'll never be able to catch up on the extra PTO time I could have been receiving to spend with my family. 
I may have less negotiating power now that I'm onboard but I'd like to raise the issue again.  Any thoughts on this would be appreciated.  Thankssmile

I appreciate how you feel, but since they're already told you the previous 4.5 years of service - interrupted by two full years - can't be counted now, I'd let it go.  Since you've either been unemployed for the last two years or working elsewhere, I would not want to put this job at risk by essentailly "kicking a dead horse."  This is an unfortunate situation, but I don't see the point in being told "no" twice.

Paul W. Barada

The Negotiation Expert

Sorry, there's nothing to negotiate.  The answer is no.  Pushing when you've already been told no is what we call a CLM (Career Limiting Move).  You were laid off through no fault of your own.  Don't make them wonder if there was more to it than that because you just can't take no for an answer. This kind of stuff is a major reason that many employers just don't want to take people back after a re-org or layoff. 

Don't be personally hurt by it either.  It isn't personal in that it would apply to anyone who was gone longer than the limit.  You could have 20 years in, it wouldn't matter.  If you're going to have bad feelings over this, look for another job elsewhere.  You cannot let this impact your work and result in a downhill slide. 

Tess

I didn't think it would hurt my job to talk to HR about it and simply find out why.  It certainly won't affect my work and I'll get over it.  Thanks for the info.

You can ask why, politely, as long as it doesn't sound like a complaint or whining - no offense intended.

Paul W. Barada

The Negotiation Expert

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