Monday, July 27, 2009

Final Jeopardy

As all of us know first hand, you're always made to feel like your job is on the line over at SPS and that is your primary form of fun-work-environment motivation. I received an email from an employee who asked a question that I'm not able to answer but that I thought that we might be able to tackle as a community. Her it goes:
"I am a current SPS employee who has, for the previous 6 years, poured my heart and soul into my studio. Since acquiring a new DM about 2 years ago, I feel I am being set up for termination. My studio is getting a "visit" late this week from our lovely DM! I think there are a couple of scenarios that could happen this week...

1: I am fired.....which is the best option at this point.
2: I am demoted.
3: He pretends like everything is fine and we all keep moving on in the so called fun company like nothing is happening.

My question is...If he does try to demote me, is there anything I can legally do to say, "No thanks"? Honestly, I would rather be fired than demoted. I will not take the demotion. I have worked too hard to have someone else try to run MY studio! I don't want to ruin my chances of receiving unemployment by "quitting". Any help for me? Any legal advice?"
Now I don't know much about this situation (I was someone who put in my 2 weeks notice once things at my studio started to get even worse and, talking to past employees now, I'm glad that I did), but it seems like to me if they say "We are demoting you," then they are effectively saying "take a demotion or get let go" which, if you choose to get let go in that sense, it seems like (since it wasn't for your own misconduct) you could collect unemployment.

But I'm not sure which is why I'm tossing it to the community.

14 comments:

Anonymous said...

I believe that many of us are in the same situation. I'm speaking of myself personally. The area that my studio services, has been hit pretty hard by the recession, but as we all know, that's not an excuse. So I'm wondering the same thing and would be interested with the info everyone can provide. At this point, I'm completely drained of caring about the company. I go in and try my best (of course, it's never the best in their eyes) and keep going until it happens. I think I would almost be thrilled if it does at this point. I'm looking for other jobs, but right now, there's not many options.

Anonymous said...

Speaking from the perspective as someone who was targeted and terminated for NO misconduct or reason other than I "made too much money" in their eyes (yes they told me that), I know that in my area there have been zero demotions but SEVERAL manager terminations. I was told by two DM's that CPI does not reward bad management by allowing the person to "step-down" or be demoted, so chances of that happening are very slim. If that offer is given to you and you decline, it will be you that has given notice and not the company terminating you. That does not mean you will not receive unemployment, but you will have to prove that they forced you out or to quit. CPI will reject the claim and you will have to file an appeal within 21 days. Being fired with no performance issues is the only sure way to collect (as i did).

Usually you are safe after August because to term you then would mean more training for Christmas unless your DM keeps MIT's in the district. If you get an itemized list of performance issues and a date to "review" progress with your DM, you are toast! That exact scenario happened 5 managers in my area within a year and they ALL got termed and collected unemployment.

Hope that helped a little. Good Luck!

Anonymous said...

When I put in my 2 weeks notice to step down.. It was like..all of a sudden..I was a bad person. The girl from another district that moved to our studio was all of a sudden privy to everything that I was. This included access to the email. The password all of a sudden didn't work! I began to feel a bit suspicious when the DM "dropped in" on my day off..and I knew nothing about it. The pass code to the conference call was also reset.

She started to "suggest" that I do this or go do that and I was like..."WTF is going on? I am STILL Studio Manager..why is SHE doing this?"

I finally after about 2 days just said "You know what.. I think I am done with SPS/CPI.. have a nice life"

I then started getting phone calls from a friend in another studio that is in another district not in the region (its the state line) saying that customers from my former studio is coming there and complaining about the new management, and do they know where I went.

Anonymous said...

It has always been my understanding that if you don't take the demotion, then you have to quit...my state is an "at-will employment" state, so this may be different from state to state. Search your state government website to find more information. Good luck..
CPI makes me feel like they are actively searching for reasons to terminate employees, especially managers. They are blaming their failing company on the people who are keeping it above water...blame should go to the corporate fools who come up with policies and procedures!! (VP's and above!!)

leosgirl said...

I personally would advise you to talk to a lawyer in your area who deals with unemployment law. He/she would be able to tell you whether rejecting a demotion would hurt your chances for unemployment. I agree with you too---that is CRAP! You've poured your heart and soul in, and all for what? I wish you well, no matter what happens.

Anonymous said...

Terminated because you "make to much money" is an opening for a lawsuit I'd say. I'd be calling lawyers and documenting everything going on w/ an attorney. The "fired manager" from Kmart from Hemet Calif. was on the news today and won a HUGE lawsuit over Kmart/Sears firing him (in his 60's) and replacing him with younger managers.. no write ups etc. He was fired 10 days before Xmas and it took 4 years to go to court but well worth it. (Makes you wish you could tape record all DM visits, doesn't it?)

Anonymous said...

I am the "make too much money" mngr.

Please let me clarify. The old DM and TM used to love to tell me to "earn my keep" and that i had to perform "better than others making less" (which i did, trust me!). The TM actually told me to my face that she could talk to me that way because "we have known each other a long time and i can treat you differently". Sooooo...the new DM was told to fire me before the district realigned and the old DM came back. She did not want to do it and asked why since I was #1 in the district for the year, and she was told because I made too much and CPI was getting rid of higher payed mngrs. I was the 5th one to go in 2 districts together.

Oh, and believe me....there IS a lawsuit and I head up the class action!

Anonymous said...

To "I make too much money" manager... please keep us updated... I am sure there are others who would LOVE to add their experiences to back up your lawsuit... WHEN (no longer an "if") I am let go, I am sure it will be the for same thing!!!
What was the "official" reason for letting you go?
Am trying to find more info on the manager fired from Kmart in California....

Anonymous said...

I am the "make too much money" mngr. also known as "the bunny lady".

The official reason was "no reason". I am in Cali and we are an at will state so any official reason would have been easy for me to sue them for wrongful termination. They did their homework and i DID NOT make it easy for them.

Anonymous said...

They will never tell you officially in writing that you were fired for making too much money. At Picture Me they are firing managers for not making the numbers and call lists as well. I like how they do their reveiw and then give you a later date to get the numbers up or else.

Anonymous said...

When the DM starts documenting things on the Mgrs and you are told to improve at the reviews to get the sits up etc.... your days are probably numbered if you don't. Right now with so many people out of work they will get rid of you quickly for someone else that will do what they want, be a slave. If you make it past August your probably safe at least until Christmas.

If Christmas sales are not as good as last years sales then you might be let go because it is slow after Christmas.

Anonymous said...

speaking from experience... take the demotion. they will most likely transfer you out of the studio and you can collect underemployment. i am much happier being out of that stressful role. not like i agree with what the company does, but i'm working my out gradually. if you quit instead of the demotion, you're out with no unemployment. If you turn down the demotion, they will document every little thing until they can get you out, or just straight up make your life miserable.

i'm working 1-4 days a week, and just got a new job where i can have weekends and holidays off. why am i still hanging around? for the discount. i have 3 kids. there's no way i could afford taking pics there otherwise.

and i also committed almost 9 years of my life in that hell hole. im attached. no matter how much i take it in the a$$ working there. (im stupid, i know!)

Anonymous said...

As an EX-employee of evil....I want to tell anyone who has the chance to get away from Sears Portrait Studio to RUN. It will not get any better and the upper management does not care about you. They care about the bottom line and thats IT. I worked for the mother of all control freaks in Ohio a few years ago, she pretended to be my friend and told me that my job would always be secure as long as she worked for the company, suprise,suprise she LIED. I was given an option leave when I did or get reviewed in 4 weeks and get fired if my PRS was not up to HER standards...I am alot happier now that I am OUT!!!!!! So again if you get the chance RUN!!!!!!!!!!!!

Anonymous said...

IN SEARCH BROWSER SEARCH LAWSUIT CPI SEARS PORTRAIT STUDIO AND LAWSUIT. i'D GET IN ON IT. IT WILL BE BIG