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Companies Sever Severance Packages When Aris Georgiadis got fired from APBnews.com, he left his
copyediting job without
a penny in severance, unused vacation pay, or any other monetary
concession.
He could have used the money: In the six months since he lost his job at
the crime-news web site, he's been laid off from another dot-com and
watched his third dot-com job dissolve into a tar pit of late
paychecks, dubious funding plans, and abandoned Silicon Alley offices.
"It would be nice to get the money I'm owed, so I can pay my bills,"
Georgiadis said. "But in
terms of severance, I'm not holding my breath."
As hundreds of dismissed dot-comers discovered in 2001, severance pay
is far from standard in
the dot-com world. In fact, many have found to their chagrin that
severance packages - paid to
ease the blow of a layoff and make a job search possible without
starvation - comes at the
discretion of the company doing the severing.
"Generally, it's a matter of state law. There is no federal statute
that governs benefits or
severance," said Paula Brantner, a senior staff attorney with the
National Employment Lawyers
Association in San Francisco. "My experience with most state laws is
that there's no
obligation for anything other than time actually worked."
In most cases, severed employees can't expect their desperate companies
to save money for
severance. For more than one distressed Internet company, money that
might have gone into
severance packages instead paid for last-gasp operations while
executives tried to secure more
funding.
"It depends on the company, how cash-strapped their situation is," said
Allison Hemming, the
founder of thehiredguns.com, a consulting firm that specializes in
finding short-term jobs for
laid-off dot-comers. Hemming also hosts New York City's weekly "Pink Slip Parties," happy-hour gatherings of fired dot-com workers and recruiters. "You had a lot of young-gun entrepreneurs
who just went flying into a brick wall and didn't think about the
consequences, about how to
wind down, because it was all about build, build, build."
At APBnews, money that might have paid severance for the 140 fired
employees (including
Georgiadis and this writer) instead kept the company going while the
company's founders begged
funding from Rupert Murdoch and others. After their cash ran out,
APBnews.com even asked the
employees it had fired to work without pay for a week while last-minute talks wound
down.
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Georgiadis volunteered, too, until he found a better paying job editing
content for MTVi, the
online division of the music television network. But never confident
about the stability of
his MTVi job, Georgiadis remained in contact with his former bosses at
APBnews. When APBnews
emerged from bankruptcy in September, it offered Georgiadis a new job
with a higher salary and
more prestigious job title. He decided to rejoin. But when he went to
tell his MTVi boss
about his decision, he received a shock.
"I went to tell him that I quit," Georgiadis said. "And he said, 'No,
no don't quit, we're
going to fire you.'"
The same day Georgiadis planned to resign his from MTVi, he was told he
was one of 105
employees MTVi was laying off as a 25 percent payroll shrinkage. MTVi
paid him a week's pay in
severance.
"I wasn't there long enough to get a real severance package, or a golden
parachute," Georgiadis
said. "It was really a way of saying, 'Sorry for hiring you.'"
But while relatively younger employees like Georgiadis graduated into a
job market that doesn't
know a recession from Reaganomics, some older employees, informed by
experience, have managed
to leave their dot-coms with a pocket full of money, experts say. A few
have been
savvy enough to win severance packages that lasted longer than their
jobs.
"With more senior people, they've been smart enough to negotiate that
going in," said Susan
Gould, the president of Gould & Associates, a human resources consulting
firm in Palo Alto, CA.
"Clearly, some people have negotiated a package for themselves, so if
they are laid off, they
are getting three or six months," Gould said. "That's all a function of
having negotiated a
good deal going in."
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Whether or not they get severance, all laid-off employees should demand
back pay and unpaid
vacation days, no matter how broke their bosses seem, said Brantner, the
labor attorney.
Stiffed employees should call their state departments of labor, which
can pursue back pay on
their behalf. Some workers have even taken their bosses to small claims
court. And workers
owed back pay from companies that later declare bankruptcy should file claims
with the federal court
administering the bankruptcy proceedings, since their claims will take
precedence over most
other creditors'. (For a peek at the struggle waged by one group of laid-off employees to win severance and vacation pay they say they're owed, check out
the OneSoft message board.)
"Bankruptcy in most cases doesn't mean the company doesn't have any
assets, so you can get a
portion of what's owed you," Brantner said. "But that's of little
consolation if you're broke
and the money is weeks or months down the line."
The economic troubles at Priceline.com, the company that lets consumers
name their own price for tickets, may have opened another legal avenue
to laid-off dot-commers. On Jan. 11, Connecticut Attorney General
Richard Blumenthal sued Priceline's parent company, Walker Digital, for
failing to give laid-off workers 60 days notice, as required by a 1988
federal law, the Worker Adjustment and Retraining Notification, or WARN Act.) Blumenthal said he was acting on behalf of 106 Priceline employees
in Connecticut laid off in November with just a day's notice.
In response, Jay Walker, Priceline's founder, has sought refuge in the
WARN Act's "Faltering Company" loophole, which exempts notification if
"a company has sought new capital or business in order to stay open and
where giving notice would ruin the opportunity to get the new capital or
business."
But Blumenthal said notification wouldn't have affected the chances for
new capital, since Walker was considering using funds from another of
his own businesses to stave off layoffs at Priceline. Blumenthal's
lawsuit, if successful, may be the first time the WARN Act,
traditionally reserved for manufacturers or other large employers, has
been used against a dot-com company.
"The spirit of the law is to protect workers and communities from
layoffs that may harm them and to enable people who lose jobs to seek
other opportunities while they are still working," Blumenthal said.
"Everybody knows it's easier to find new employment if you're still
working that when you're out on the street. That applies equally to
dot-com companies as to does to manufacturing or service companies."
For anyone considering a dot-com job in 2001, questions about a
severance package may be as
important now as inquiries about stock options were in 1999.
"When the capital markets open up again, and I don't know if that's
three, six months, or two
years -- there's a lot of money out there to be invested, but people
don't know where to invest
it so it's not going anywhere -- when they do open up, the workforce is
going to a be a whole
heck of a lot smarter," Hemming said.
But until that happy day when all dot-coms live in peace, harmony, and
positive cash flow,
Hemming urged anyone considering an Internet job to make severance a
part of their recruiting
negotiations.
"If they're not asking, I guarantee, the person who goes in after them
for that job will ask
for severance," Hemming said. "You're taking risk and believing in that
company. Don't
underestimate that."
Georgiadis returned to APBnews as its Assistant Managing Editor for
Production in late
September. But since then, conditions have worsened. The new owner has
been late on every
paycheck since Thanksgiving. Just after New Year's Day, the site's two
top editors
resigned, citing a lack of support from the new owner. Georgiadis still
remains, technically,
on payroll, even though no one's showed up for work in more than a week.
Georgiadis figures
APBnews is dying its second death, but he isn't expecting a severance
check this time, either.
"I'm just waiting for someone to call me and tell me what's going on,"
Georgiadis said.
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