The latest policy became effective in 2008 and hasn't changed since then. He's already confirmed this. Both he and the other employee took transfers after 2008.
Things that are a company policy are usually published and distributed to all employees - these days they are usually online (either in addition to or instead of paper copies). It isn't likely a "company policy" if it is not something available for all employees to view and refer to.
Further, if it wasn't in his offer then I don't think he has a leg to stand on. It doesn't really matter what others get, it matters what he was told he'd get when he accepted the offer.
In my company some people get paid relocation, there is a policy about how this works but there is no policy that it is "required" for anyone. Some get it and some don't, and it is up to the hiring manager.
What exactly does the policy say? Are there details outlining that this is discretionary and IF this benefit is awarded, then it explains how it works?
The policy says that "this is the policy for international transfers." The benefit amounts vary by rank, but the benefits are the same for each employee. It does not say that it is discretionary - it simply provides guidelines for what a transferred employee should get.
As an employment law attorney who cannot give you legal advice, I do think it would be a good thing to talk to a lawyer-- not to jump to a lawsuit-- but for advice on what to do and whether he even has a basis for a claim. Certainly arguing about what the policy says on an online message board is going to get you nowhere.
Is there also something in the policy saying the company can do whatever, whenever they want, and at their own discretion, regardless of what is in the policy?
I always like to bring attention to that line in our company policy. It serves me well.
Isn't it possible that the company also told the other employee no, but that employee further negotiated for paid rent?
This is how relos work in my company; there is a set package they offer, but if you push back hard enough and they really want/need you in the other location, you can get a lot more.
Trying for #3; FET 8/18 -- BFN. Leaving things up to chance for now... After three years, three IVFs, and two FETs, we finally have our miracle babIES!
The policy says that "this is the policy for international transfers." The benefit amounts vary by rank, but the benefits are the same for each employee. It does not say that it is discretionary - it simply provides guidelines for what a transferred employee should get.
I assume you mean something like, rent is paid for every employee, but rank determines how much money the company will cover and the higher up you go, the higher your rent allowance? That's the only way your comment makes sense to me.
Because otherwise I don't see how the benefit is the same, yet some people get more. 2 weeks vacation is not 4 weeks vacation - I would not say the benefit is the same just because everyone is getting some vacation.
I think what you are saying happened is that they lied to him about the policy when they transferred him, then he found out about the other employee, got a hold of the policy, and then found out that the policy is not being applied to his situation since he should be getting something according to the policy?
If this is the case, I am understanding why you are more upset about this. All you can do is be more pushy to get an answer with HR. The second you accuse them of lying, your husband's time there is probably numbered.
I hope he's looking for another job already; it sounds like he will either say nothing and be unhappy and resentful, or do something and piss off the employer. Sounds like a bad situation overall.
Yes, this is exactly what I mean. The policy says that every transferred employee gets SOME AMOUNT. The actual amount depends on rank.
They lied about the policy applying to the new country. Now he knows that was a lie, and they are giving him the runaround - they won't even forward him the policy, for example. He had to get it from another employee.
Post by shopgirl07 on Jun 25, 2012 11:48:31 GMT -5
It's definitely upsetting. It's PROBABLY not illegal though. If you are in Europe I might take it to an employment law attorney and see what they say. The laws are much more heavily weighted towards employees there.