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Ask HN: Quit my job. Company coming after me

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Ask HN: Quit my job. Company coming after me

#1
I moved my family from Denver to the Bay Area to work for a medical device startup. The pay was very good. After about 4 months, I decided to part ways with them for personal reasons.

The timing was unfortunate as I quit the day after I received a performance award. I did finish up a major project before I quit though.

The day I announced my intention to quit, my manager asked me to reconsider my decision. After I stuck to my decision, he had the VP of HR talk to me. This was when things became a little unsettling. HR manager advised that I pack my belongings and leave the building before either VP A or VP B found out about my decision to leave. I was also told that I would not find any positions in the Medical Device Industry in the Bay Area. Towards the end of our conversation, HR lady mentioned that her mental state was transitioning towards anger. Due to these comments, I thought it best to leave the premises as soon as possible. I cleaned out my desk (on a friday), stayed for a few more hours, transitioned everything that I could think of to other co-workers, turned over my keys and left.

I later found out from another pretty reliable source that the company has decided to make life as difficult for me as possible. Other employees have been questioned of their interactions with me after I quit.

1. I need to discuss the issue with a good attorney if possible. I am really new to this area and don't have any contacts. References are appreciated.

2. I was asked to return a 100% of my sign-on bonus. I am willing to return it. However, about 30-40% of that was withheld for tax purposes. Do I give them the entire amount and claim the taxed amount from IRS?

3. I know that most of the issues here would probably be best discussed with an attorney. However, I would appreciate HN advise as well.

Re: Ask HN: Quit my job. Company coming after me

#2
Contd.. 4. Lesson learned: The conversation with HR didn't turn out the way I expected. Although I was asked by the HR manager to turn in my resignation, I was unsettled enough by the order to leave that I forgot to give my resignation in writing. I was actually willing to do stay around a even a month for them until they hired a replacement and I had mentioned that to my manager. Not in writing though. Just a note for others. This gave them enough ammo to call a few recruiters and tell them that I quit without even a 2 week notice (Recruiters being who they are immediately called me and told me about other companies that are hiring). Also, my leaving did make life easier for the other developers for a little while.

5. Stay tuned! Not sure what will come out of this, but don't want to go bankrupt or spend a considerable amount of time and resources in court for sure. I'd consider it a win if I can just write a check for the sign-on bonus minus the tax deduction and both parties forget about it. Unfortunately that doesn't seem to be the case.

Re: Ask HN: Quit my job. Company coming after me

#4
post #3

Startups aren't meant to let one spend time with his family. It's also quite common that first 4-12 months in a new company (startup or not) are much more demanding than ongoing work (due to ramp up).

I totally agree. My realization was that I'd rather spend the non-family time on my own ideas. I've edited my post so the focus stays on the questions I've asked.

Re: Ask HN: Quit my job. Company coming after me

#5
From what you are saying, it sounds like this company would be best suited to get their HR shit straight, or they will find themselves in a world of hurt down the road. HR Lady's mention that "her mental state was transitioning towards anger" can be described as offensive conduct, and the EEOC would be all over that. Also, The Department of Labor doesn't take too kindly to stuff like this. Do find an Employment/Labor Law Attorney and tell them exactly what you wrote above.

Re: Ask HN: Quit my job. Company coming after me

#6
post #3

Startups aren't meant to let one spend time with his family. It's also quite common that first 4-12 months in a new company (startup or not) are much more demanding than ongoing work (due to ramp up).

I totally agree. My realization was that I'd rather spend the non-family time on my own ideas. I've edited my post so the focus stays on the questions I've asked.

RE your questions there's one thing I know: non-compete are not enforceable in California. Relax and join a different medical startup if you want.

(I am not a lawyer, so get one to confirm, or get listen to another 10 random folks :))

Unsure about remaining questions: 1) can you do anything to prevent your defamation among recruiters and/or make them pay for it, 2) sign-in bonus tax issues.

But my point was that as far as ethical and personal issues go, I am not on your side. If I was your employer I'd be angry too :)

RE spending time on your own ideas, I think the problem is not strictly time. It's energy. I spend only 40-45 hours a week at work but it's intensive focused time that leaves leave me with barely 15 hours/week of high energy focused time on all of the rest: my hobbies and meaningful time with family combined. In startups there's expectation that you give all of it, not just 40-45 hours.

Re: Ask HN: Quit my job. Company coming after me

#7
IANAL, and this is my 2 cents. Get a good labor lawyer.

1. Did your sign-on bonus state that you had to stay a certain time to keep it. If not, don't give it back. They are hostile (and have already taken hostile actions) and haven't earned consideration. Any payment from you should come with them signing an onerous agreement.

2. If you have to give it back by contractual obligation, then pay the whole amount. You get the tax that was withheld by the IRS when you file. If cash is an issue, tell them you'll send the rest when it's refunded.

3. If they do anything to hurt you, you will be able to sue them for damages. Don't retaliate by naming/shaming/defaming them. Collect as much evidence as possible about whatever they decide to do and just have a lawyer write a letter. Say little to nothing publicly.

4. They are within their rights not to give you a good recommendation. You should not refer anyone to them.

5. I strongly doubt anyone will care what they have to say about you.

6. CA has employee-friendly non-compete. You can't use their secret information, but you can work for a competitor.

7. Quitting after receiving a performance bonus is so commonplace that it's boring. The entire NYC financial and legal industry basically plans their annual personnel strategy around it.

Re: Ask HN: Quit my job. Company coming after me

#8
post #5

From what you are saying, it sounds like this company would be best suited to get their HR shit straight, or they will find themselves in a world of hurt down the road. HR Lady's mention that "her mental state was transitioning towards anger" can be described as offensive conduct, and the EEOC would be all over that. Also, The Department of Labor doesn't take too kindly to stuff like this. Do find an Employment/Labor…

Thanks! That particular comment seemed really out of line. I just took a deep breath and left the room.

Re: Ask HN: Quit my job. Company coming after me

#9
Get a labour lawyer, and get them on retainer. You may not need it, but that's fine. Lawyers hold funds in trust - not that anything can happen, but having them on retainer means that should you be in some sort of sticky situation, you can continue using said lawyer, as they're already on retainer.

Then - stop.

Don't do anything, anything, anything, without a discussion with said lawyer. Follow everything that lawyer says to a T - full stop. The only opinion that matters is the labour lawyer, who will undoubtedly base things on your contract, and any e-mails you exchanged prior to signing said contract.

Phone calls / voice conversations / things that aren't written down are too much of a he said/she said. Don't offer any money, don't so much as have a conversation with the company. For the time being, don't see your old co-workers, don't exchange email, just don't do anything.

tl;dr - Lawyer up

Re: Ask HN: Quit my job. Company coming after me

#10

Contd.. 4. Lesson learned: The conversation with HR didn't turn out the way I expected. Although I was asked by the HR manager to turn in my resignation, I was unsettled enough by the order to leave that I forgot to give my resignation in writing. I was actually willing to do stay around a even a month for them until they hired a replacement and I had mentioned that to my manager. Not in writing though. Just a note f…

This gave them enough ammo to call a few recruiters and tell them that I quit without even a 2 week notice

Unless you have an employment contract that said otherwise your employment is "at-will", meaning you can be fired at any time and, in return, you can walk away at any time.

Two weeks is a common courtesy but is not required of anyone. Given the hostile environment, it probably would not have been a productive time anyway. And, obviously, the recruiters could care less.

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