MJ
MJ

Michael Johnson

Sales Development Rep at Whip Around

Laid Off

Was just laid off for the first time in my life. Have a few things in the works because I could read the writing on the wall. I do have one question for everyone. I was laid off for performance yet I was never told I wasn’t performing, I was never put on a performance improvement plan, never given a written warning, never written up for performance in any way. Is that against the law in California?

☂️ Layoffs
16

25 comments

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oldcloser
Arsonist
6
💀
California, like many is a right-to-work state, essentially meaning that you can be fired for any reason and have no recourse. Performance is the only exception. You're supposed to get the PIP and time to cure it. If you've got something in writing that specifically says termination for performance related issues, you may have a legit case.

File for unemployment and find a lawyer who will listen.
RandyLahey
Politicker
4
Account Executive
Welcome to the War Room! First off, that’s terrible news Christopher. You’ll bounce back.

Ask yourself is the recourse of paying a lawyer, using up valuable time that could be spent looking for a new job, worth it?

What was the company’s situation like? Was it a team-wide missing quota thing?

Let us know if we can help.
CuriousFox
WR Officer
4
🦊
Randy, you have made me one proud 🦊
RandyLahey
Politicker
1
Account Executive
I learned from the best my friend🦊
detectivegibbles
Politicker
2
Sales Director
Sorry to hear Chris.

While it's worth looking into whether you have a case...be mindful of your time and capacity.

Keep us posted.
TennisandSales
Politicker
2
Head Of Sales
damn rough news. it could be against the law if they never gave you a formal notice that your performance was not meeting their standards. but also, is it worth fighting in your mind?
glad you have some opportunities lined up
punishedlad
Tycoon
2
Business Development Team Lead
'Tis the seasons for many a company. Real sorry to hear this, Chris.

I can't speak to the legal side of things, so I'd take direction from the folks with a bit more salt in that department. However, I've been laid off a couple of times so can provide some insight there.

Keep your nose to the grindstone if you want to stay in sales. There's still a ton of opportunity out there. Let us know if you need any advice when it comes to the application/interview process.
GDO
Politicker
1
BDM
DOn't know anything about the law. However, THis happens to the best of us. Good luck finding your new role.
FoodForSales
Politicker
1
AE
Sorry to hear that you were let go. File for Unemployment ASAP.
CadenceCombat
Tycoon
1
Account Executive
Being laid off because of performance despite your performance being in line with the rest of the team is pretty common btw. It’s just a safe reason to use in lieu of anything particularly damning.
Sunbunny31
Politicker
0
Sr Sales Executive 🐰
Your question about the law has been answered, I believe.

A few questions:
Were you actually underperforming and it just hadn't been officially addressed?
Was the team as a whole underperforming?
Are you the only one who was laid off, or were there multiple people?
1
Sales Development Rep
Yes, I was under performing but the entire team with the exception of 1 SDR was under performing. I don’t know if anyone else was laid off or not.
Sunbunny31
Politicker
1
Sr Sales Executive 🐰
One reason I asked was to provide a little direction when you look for your next job. You aren't the first team that's been underperforming and let go. Definitely don't dwell on being let go - it does happen, teams are eliminated. I'm sorry it happened. Hopefully they provided some severance.
Pachacuti
Politicker
0
They call me Daddy, Sales Daddy
Unfortunately you'll have a very difficult time with a lawsuit, even in CA. I suggest you move on quickly.
Diablo
Politicker
0
Sr. AE
Hey man sorry to hear that. Not sure about California but you do have great suggestions. Wish you all the best and I’m sure you will nail something soon
Justatitle
Big Shot
0
Account Executive
Companies can claim any reason for paying you off and by telling you it’s performance they can make the problem your fault instead of theirs. This helps in severance and amount of money it might cost them to part ways with you. Just don’t be afraid to post to their Glassdoor page
Hoopnip
Politicker
0
Commercial AE
That sucks. Welcome to sales. It’s an absolute waste of time to get a lawyer and try and sue them for anything. Many have tried …very very few succeed. Time to apply to another future dumpster fire.
0
Hey Michael I feel your pain! Same experience and I’m certain it was the same company. Reach out if you need anything
Maximas
Tycoon
-2
Senior Sales Executive
I believe that layoff in that particular case is just a curtain and not the real reason since they didn't update you on time with your month to month performance.

If anyone you know and trust from the administration try to request a one to one meeting or contact him personally to let you know what's behind the scenes!

Best of luck with your job search.
2
Sales Development Rep
I worked a sales job and I was laid off for poor performance but I was never told I wasn’t performing to their expectations. Not once did anyone have a meeting with me and tell me anything about my job being in jeopardy because of my performance
RandyLahey
Politicker
1
Account Executive
That's brutal. Sorry to hear that Mike. Were there others who were laid off at the same time?

Sounds like they were just using that as an excuse for their mismanagement or overspending.

I'd encourage you to take a look at our jobs tab as well.
RandyLahey
Politicker
1
Account Executive
Did you read the post max? He doesn't know.
Maximas
Tycoon
0
Senior Sales Executive
Yeah I know, that's why I advised him to ask to investigate what was the actual reason behind that unjustified layoff!
RandyLahey
Politicker
1
Account Executive
Right, good job editing your comment.
Maximas
Tycoon
0
Senior Sales Executive
👍

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