Thread regarding Wells Fargo & Co. layoffs

constructive dismissal in a hostile work environment

Have a sh–ty manager at wells?
Got a poor performance review with a performance improvement plan?

You might qualify for a constructive dismissal claim.

Talk to a lawyer before you sign any severance paper at wells fargo:

"In order to establish a constructive discharge, an employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign."

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| 1910 views | | 6 replies (last January 26, 2021) | Reply
Post ID: @OP+193eCZVI

6 replies (most recent on top)

@OP - I agree with you. I, too, have been working with attorneys. They mentioned that it's much harder to prove constructed discharge versus other options, you might have. They recommended that I don't quit and keep logging all of the harassment, bullying, etc (anything creating a hostile environment). This will make your case stronger, by having "leverage" and could help during severance negotiations.

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Post ID: @3vbu+193eCZVI

@1enr+193eCZVI

Its real easy to let people all year where the stand from performance perspective. If you give clear assignments with expectations for a successful delivery then no one could think they beat expectations when they actually aren't.

The bigger problem is people that think meeting every expectation is some how cause for exceeds expectations. Expectations should not be too easy to meet let alone exceed especially for senior IC roles and managers with more than 2 years of management experience.

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Post ID: @2rlk+193eCZVI

It's amazing how many people here don't understand that bad report reviews reflect poorly on the manager. Take it from someone that reviews performance: I wish everyone earned at least a 'meets'. Even if I was only motivated by things purely selfish (not true, but let's play the game for the sake of argument) it is clearly best for me to have a great performing team. The reality is, some people are unwilling to perform at an acceptable level and there's even a few out there that aren't capable of doing so. The issue is that EVERYONE, including absolutely horrible preformers, thinks they exceed expectations. Very much like how everyone thinks they are a great driver.

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Post ID: @1enr+193eCZVI

9/10 when you think you have a bad manager as the OP described, it’s actually you. Look in the mirror and stop making your manager life so stressful

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Post ID: @1jxo+193eCZVI

Also remember harrassment is against the law; you have a moral, ethical and legal resposibility to report this. If managment and hr do not listen you have to go to a legal authority who will and can do something. This is a criminal action.

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Post ID: @obq+193eCZVI

Ah yes, today’s answer to everything...woe is me, we are victims. Who can we blame and sue for our problems because no matter that there is no chance we have done anything wrong

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Post ID: @anx+193eCZVI

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