How enforceable is it when you give notice?
It’s in the contract, but are you tied to staying the entire 60 days once you say you’d like to resign or case by case in how decent your manager is?
27 replies (most recent on top)
I left with more than proper notice and lost my bonus even though it had already been communicated to me. I imagine that this is common.
Leave! I was an M kevel, and gave then 4 weeks notice instead of the required 60 days. They were not going to pay my 2022 bonus anyway even though i worked alll of 2022 and my lady day was in Jan 2023. So i called it even. To recover your bonus, they'll have to sue you, and they won't. Employers like bnym only confirm titles and dates, not petformance. Hopefully you have a good rapport with co workers, as they can give u a good reference.
Getting over on the man… It’s become a national obsession. Why not do the right thing and honor your obligation? I gave my 5 weeks, worked every minute of it and left proud with head held high.
They need a 60 day waiting period because they can't find anyone crazy enough to want to work for BNY Mellon after the employee quits!
Stay thirsty my friends 🚜
The moment an employee resigns, they have checked out to some (significant) degree.
Within a day or two, they’re almost completely checked out.
So, yeah… keep paying them!
My HR partner in ASD really tried to make stay the full 30 days. Why? For a company that will lay someone off so they can save 10K hiring someone in Pittsburgh instead of Everett (mind you, while paying severance for several months), you would think they would have no objection with me coming off the payroll just a little bit sooner. I was not in a sensitive position where I could give away client information to a competitor. I did not get along with my last manager at BNYM, but I'll give her credit for pushing back on HR. The expectation for many places is 2 weeks. I was happy to offer a little more than that but 30 days would've put me in a precarious position with my new job. I couldn't imagine waiting 60 days.
- K level in NYC, in ASD, but not client-facing
Be a human and talk to your manager about it when you do it. They’re going to cancel all comp anyways. Since we’re in cutting mode they might be inclined to let you leave earlier than have to cut someone. It’s all a negotiation.
Go to MYSOURCE search for OFFBOARDING. This will show you notice time required by job level, vacation days and how they are accrued and accounted for upon termination etc and other information about health benefits
That’s the same thing for all of us. Why do you even post this?
We’re at will employees in a top heavy bank. Far less less than 1% have an employee contract.
@OP What is the 1K?
Go to MYSOURCE search for OFFBOARDING. all questions concerning notice, vacation days accrued, owed etc are answered IK???
🚜
An Employment Attorney contacted mentioned that unless they can prove you did material harm to their business or repetitional damage to their name by giving notice and leaving prior to the end of the notice period AND/OR you live in an "at will" state, you are free and clear to give 0 days notice. However, your reputation will suffer accordingly and why leave a bad taste in an employers "mouth". In other words, act in a professional manner at all times, irrespective of how you believe they've treated you.
Looks like they changed the policy in October 2021 after my hire date increasing notice period. I can't seem to find any notifications on it. Anyone know how to trace this? Even getting out of here is toxic.
I’d give them their 60 days but wouldn’t do much. I’d treat it like a semi vacation
Leaving before your notice period means you forfeit your previous bonus (same goes if you start your new job before your notice period concludes). If you resign then it takes approval from the head of HR for your function and your EC member to get that notice period reduced. Basically -- wait it out.
Ask for ‘gardening leave’. Speak with your Manager first and come to a mutual agreement. They then need to clear it with HR.
@1tkx, my bonus just gets added to my regular direct deposit and is indicated on my pay stub for that period.
Just don’t give any notice while you’re waiting for a bonus payout, even after the number was communicated. In hindsight I was stupid but I guess that I simply trust people too much. It was a hard lesson for me.
Curious myself if it is truly enforceable. The company could take us to court, but if they let Charlie, Lester, Santo etc go, would they really bother taking a grade J VP or a Director to court?
When you acknowledge the terms of your RSUs for your incentive comp, you are committing to those terms, I believe.
But even EC members often aren’t held to the mandatory notice periods!
Some regular people get out of them. It depends on circumstances. If the relationship between employer and employee is seriously broken, they will likely sometimes see the wisdom in letting you go immediately. I mean, why keep you around to poison the environment?
In most cases, you will be walking away from unvested RSUs, anyway, so there isn’t really anything they can hold over you. Legally they cannot withhold your final paycheck for any reason.
Why doesn’t the company comply with what said / agreed to when they hired me??
401k match. RTO 3days , increase from 37.5 to 40 per week, etc.
At certain grade levels you were required to agree to this to remain bonus eligible and other provisions. Why are you asking if it is enforceable? Why don't you read what you agreed to. BNY has many ways in the agreement to sc--w you if they want to. Why don't you just abide to what you agreed to. More than likely they will let you go sooner unless your duties are not able to be passed on to some else.
It's in what contract?
I gave full notice (5 weeks for me) per goof leaver policy to remain bonus eligible. Also picked up other projects for coworkers who were on PTO. I received no bonus.
I was so naiive.
2 weeks notice should be enough. I don't believe in this 60-90 days waiting period after you put down your resignation, when your Employer can fire you within 1 day. This does not really make sense. Its high time for Employer reforms. Once you handover your resignation and if it is accepted, you are not even treated well.