[quote=flu][quote=Operation][quote=flu]Slightly good news is I’m seeing hardware/chip stuff picking up in smaller firms in parts of CA…co’s with business play in asia, which hopefully means that other parts of the commercial tech sector is not too far behind, particularly in NorCal.[/quote]

I am in the above mentioned industry. I can tell you this, *most* of the semiconductor industry with the exception of Intel and a few others are still very much hurting. Here is a rumor: a major partner of ours, a GPS-only semi company (until last month when they were bought by another RF semiconductor player) is looking at significant layoffs at their Orange County design center. This will impact us heavily as they are a critical supplier. We have no back-up plan for this scenario even though I have been screaming about it for months on end.

Speaking of my company, I am in a personal bind and would love some advice from impartial pigs.

I was hired away from my previous company a year and a half ago (a competitor) because I was beating the snot out of, what is now, my current company in my territory. In hiring me away, my new boss told me all the things I wanted to hear (company is making heavy investments in R/D, strong engineering/sales support, etc) none of which turned out to be true. Furthermore, there has been zero investment in the business for over 3 years (our parent company wasn’t reinvesting the profits) and most of us, including myself are wearing multiple “hats”. Needless to say, I’ve been very unhappy and as a result of doing 3-4 other jobs, my main job performance has been sub-optimal. I have asked for help numerous times and have been denied. This week, I was placed on a PIP (Performance Improvement Plan) which I refused to sign and countered with data supporting why my performance has suffered. The PIP has requirements that are impossible to obtain. I believe I am being setup as a scapegoat and they are doing a CYA for legal reasons and to eventually deny unemployment benefits.

Here is where my issue is: I recent won a nice piece of business with a tier-one after-market automotive supplier (yeah, I know). To formally award us the business we needed to complete a financial health assessment (we’re private). The FHA showed me that in 2008 we were in the red pretty badly. We did not report 2009 but I know for fact that we are bleeding much worse. There have been all sorts of other financial ‘shell’ games we’ve been playing with our vendors and suppliers. I strongly suspect the company is on borrowed time. My boss does not know I’ve seen the health assessment.

Knowing this, do I let my boss terminate me now? I stand to gain 3 months of full-pay severance, my wife and I have a decent savings, no debt (except our cars) or mortgage, no kids and could pretty much live on her salary. Or do I bust my ass knowing that I can’t meet the PIP anyway and could likely be let go in 60 days or so or a little later when the company goes under? In that scenario I would get no severance and reduced unemployment.

Lastly, I have a local customer who has been trying to hire me for a few years and has told me I have a job if something were to happen to my current company.

Any advice would be GREATLY appreciated.

-Op[/quote]

PIP’s are just fun aren’t they? My advice.

[quote]
Lastly, I have a local customer who has been trying to hire me for a few years and has told me I have a job if something were to happen to my current company.
[/quote]

I’d start there first, just casually inquire and then get the offer. Then decide where you want to go now or go later.Even *if* you end up not liking it, you then can use that to move to your next gig.
World looks completely different when you’re “employed looking for a more challenging opportunity” versus when you’re unemployed looking to get hired (unfortunately), primarily since the “PIP” is going to be an interesting thing to deal with. PM me if you want some additional leads. I don’t post leads anymore on this board, and the last time I did, the person(s) where were looking never responded to me. I guess he/she/they found work.[/quote]

Operation: Are you employed either in California or by an employer domiciled in California? I ask because you have good cause for what’s known as constructive discharge (related to wrongful termination, it’s where an employer essentially makes your work environment so deleterious, you have no choice but to quit).

I wouldn’t doubt that they are “papering” your employment file (adding all sorts of memoranda, notes, reviews, etc) to show your sub-optimal performance as being the reason for your eventual dismissal.

I would speak with someone at the California Labor Board, as well as doing research on whistleblower claims (for their failure to honestly report the true financial health of the company) and the doctrine of Quantum Meruit (if you landed the account for the company, then they are obligated to pay you, whether or not you are even still with the company).

California is an extremely employee friendly state and do some research in terms of your rights. While this is an “at will” state (meaning your employer can terminate you for any reason and without cause or explanation), you still have redress, especially as it relates to compensation.