I was NSI this year and was put on DCP. My supervisor did not know anything about the process and told me to contact HR for information. The super said I don't want to tell you anything wrong because they were not familiar with the ranking system. The supervisor has only been one for 6 months. I am NRE and will be one for another two years.
I contacted HR and wanted clarification about the DCP and what will happen if I don't improve enough. I wanted to know if I can be piped and forced out in the two years I have left. The response from HR was "what clarification did In want as the USMLP site had all the information". I replied that I wanted a written explanation of what the consequences and expectations of the DCP. I have read that NRE employees are only subject to DCP and not PIP for the duration of the NRE status.
I have an employment lawyer on retainer in case I am wrongfully terminated. I asked for documents to sent to my lawyer but have not received them. I did not sign anything for the DCP as I only got an email stating I was on the DCP. The bad thing about the DCP is it states it is up to the employee to schedule meetings with the supervisor and keep up with the plan.
The HR dummy said he was my case manager and was here to help. I got the same BS about how the plan was to make me a better employee. That the goal was not to get rid of me and retain employees that want to improve. I believe the reason they are vague is that if they tell me that I am protected for the next 2 years I will tell them to stick the dcp up their as--s. By keeping me worried they expect me to kiss their as--s and cower in fear for my job. Exxon knows that I could just do nothing for the next 2 years and make it to retirement. They want me to obey and work like an animal for them 70 hours a week.
I meet with my attorney this week with the documents I have. We will see what happens but I am not too worried. My net worth is over 2 million dollars and I have a side business.
I also have several jobs waiting for me on the outside away from this he-l hole of exxon.
I will post what I find out through this journey to help out employees in similar situations.
Good luck to everyone who was NSI ed this year. I feel really bad and worried for those in their 40's who were piped.
23 replies (most recent on top)
It is 12 years in. So if you have 12 years in and are 52 you are nre. If you have 12 yeaes and are 53 you are nre. If you have 12 years and are 60 you are nre. Remember you need 15 years and at least 55 to retire. Those who are younger are sc--wed. If you are 40 with 15 years in you can and will be piped. After retirement eligibility you are sc--wed as well. So we the NREs can enjoy this time free from piping. I don't care what people say about exxon and lawyers. It is too expensive and trouble to terminate employees instead of waiting till they are retirement age and force them out. It is the exxon way. If you attend management training this will be explained to you. It will also be stressed how difficult it is to terminate an employee. The termination offenses are gone over in the meeting and the proper documentation that is needed. I was told by exxon HR and law unless there were extreme violations that were witnessed by multiple persons to not proceed with termination. The process to terminate an employee was gone over in the meeting and it was intensive. In the meeting it was stressed all attempts should be made to get the employee to sign a document that stated the employee agreed to leave exxon of there own will. A separation agreement is what it was called. It had causes about the employee giving up the rights to sue and not seeking future employment with exxon. Some wording was that the employee was not being forced or coerced out of the job. It was almost as if the employee was asking to leave on their own. I guess this made it hard to sue because it's like the employee wanted to leave. They went over age, minorities, gender,NRE and lgbtq status in the meeting. I attend these meetings 4 years ago and this is what I was taught. My take away from these meetings was that it was very hard to get rid of employees even with documentation. The pip process was the best way to separate an employee. DPC was reserved for NRE or employees on leave. It could also be used instead of pip with the managers approval. We were told to document everything the employee did and said. We were also taught to twist the words of the employees. Getting the employee signature was ultimate. Exxon and HR do not like lawyers. We and HR could not interact or speak to attorneys. All correspondence with attorneys was directed to law. Once law found out the employee had an attorney things changed. Anyway it is a true sh-t show and going through it su-ks. I personally hated being a supervisor because I had to babysit the employees. Piping employees was the worst especially ones that did not deserve it. I watched as those worthless favorites and friends were protected while hard working employees were targeted and piped. You truly have to sell you soul to the devil exxon to be a supervisor or manager. I am no longer employed by the evil empire that is exxon as I retired. Good luck to all of you stuck in thus sick game. It seems like it has gotten worse every year. We truly destroyed some people piles lives by piping them. I remember employees crying and the anger that came with piping and forcing them out. I was a horrible experience for me. There were some supervisors that got off on the power and seemed to enjoy the pip process. Good luck and all I can say is it is hard to get fired but easy to get piped.
So.....is NRE when you reach 52 or is it 53?
EM is working towards not having NRE and will likely get to that point eventually. Talk all you want about getting lawyers but EM will find a way.
How many employees have been fired? Not many. I don't know of any NRE employees terminated in the past 20 years. The risk is too great for exxon. Documentation is total BS because exxon can make anything up. Now if you violate the cardinal sins such a stealing, fighting, we-pons, dr-gs harassment you are done. This also includes ethics and corporate policy violations. That is why you must be careful what you sign. Performance is subjective. By signing a pip agreement you are agreeing to a plan that can be unfair and impossible to pass. By signing you are agreeing to the findings of the exxon supervisor and HR. It is a separation agreement that states the employee is leaving of their own free will because they did not meet the pip requirements. It also states the employee gives up the rights to sue and will not seek employment with exxon or any of its affiliates. Know your rights and don't believe the hype. Exxon has settled out of court when lawsuits have been brought before. You never hear about them because they are sealed and confidential. I know a few employees who won a great deal of money from exxon years ago. Exxon does not like its great name tarnished. That is why they pip instead of layoff. Remember your exxon training "don't do anything to tarnish or damage the company's reputation". I have been in enough meetings to understand what matters most to exxon which is money, reputation and public perception. Think about it what is one employee vs the damage done by bad publicity. Remember to fight them all the way out the door. Go down kicking and punching. I told an a ss hole supervisor years ago "if I go down I am taking you down with me". After I made my point the jack a ss left me alone and transfered out.
When the dragon swallows you whole kick and punch the throat. Exxon plays dirty so you have to play even dirtier. Remember at exxon nice employees finish last.
I am not aware of any recent cases XOM lost for wrongful termination if the have a well documents case of poor performance and well documented counselling. Your lawyer will be working for free. XOM elected in 1986 to put in the NRE category to simply avoid lawsuits. IF you commit a conflict of interest or ethics violation xom will terminate even if you are NRE. They will audit every expense account and every email and look for evidence. In texas, these wrongful termination cases are very hard to win.
Stop getting your pa-ties all bunched up. Put in your 3 years and have a plan. Good kyck
Direct from usmlrp
NRE and employees on leave of absence are managed differently. To facilitate reaching retirement eligibility, nre employees who are in scope of mlrp will be subject to dpc in lieu of a pip for as long as they meet the definition of nre regardless of the number of prior PIPs or DPCs.
My lawyer believes this is protection for the 3 years prior to retirement. So rest easy NREs and cruise to retirement. Play the game and win. It is almost assured you will.
This is direct from usmlrp.
NRE employees who are in scope of MLRP will be subject to DPC in lieu of PIP for as long as they meet the definition of NRE regardless of the number of prior PIPs or DPCs. Look it up at goto/USMLRP. We the nears NRE are golden. I don't think exxon would fire or force out an employee so close. My lawyer doesn't think so as well. He is hoping they do so he can sue for millions. The DCP plan does state you can be placed on a pip, demoted or seperated from the company. NRE status trumps this. I believe the additional pip or demotion is for employees on leave who are not NRE. DCP is used for employees on leave of absence. So NRE is truly a special class. I feel like a hipo or favorite of the company. If exxon starts forcing employees out again in thier 50s then it would be time for another rounfmd of lawsuits. This is the reason there is NRE status at exxon. It is because exxon lost lawsuits filed by older employees.
I over heard in a meeting once "it is too expensive to fire this employee so just let them work a few more years and hopefully they will retire". It was also said that forcing them out would expose exxon to an age discrimination lawsuit. So think about what matters most to exxon which is money and lawsuits.
@mk, waiting to see EM get sued over this. Although with the current political climate in the US, big business can do whatever it wants without any real repercussions, so they’d likely win. Worker protections are being stripped away at an alarming rate. I suspect this change is a prelude to discontinuing the pension.
If you are age 50 and over on the US payroll, this is an important change to note.
The rules have changed this year. Anyone who is assessed in NSI for three times in five years will be terminated or retired INCLUDING those who are NRE.
Up until this year NREs were excluded from the three strikes rule while they were NRE.
So now it is possible to be let go right before you hit retirement eligibility.
You can find this in emconnect.
What age is NRE?
I heard 52 but also heard if you get PIP'd three times in five years then automatic termination. So, PIP at 52, 53 and at 54 your fired and can't retire?
I know several employees years past that were placed on pips. Every supervisor has assured them that they would pass. Even HR was helpful to the employees. I am not getting the same treatment and love. It is as if they want me to quit instead of staying. My choices were dcp or leave according to super. I told them I was not leaving. My attorney is waiting for exxon to act. He told me if everything goes right I will not need an attorney and will just retire. So I will play their game a little longer. Remember before you sign anything get a consult from a lawyer, even if you have to pay for the service. All of my documents are going to my lawyer for review. Again good luck to we the NSI group. All those who think they are safe remember this I was once ranked excellent and good. If it can happen to myself and others that were hard working it can and will happen to you.
For NREs who are assessed as NSI, they are placed on a DPC instead of a PIP. Almost all NREs pass the DPC. Only if the person practically does nothing are they then placed on a PIP after they fail the DPC (this is all in the same assessment period). Then, if they fail the PIP too, HR has all the documentation to recommend releasing an employee. As I mentioned, the employee pretty much has to be completely lazy and purposely not working to not pass a DPC and a PIP in the same year.
They won’t take further action for fear of a lawsuit. The DPC is legal theater; everyone goes through the motions of a PIP, and in the end you pass to stay another year. Just don’t violate any real rules (steal, commit safety violations, etc.) and you’ll be fine. More details will be provided when you receive your written plan…legal theater comes with lots of paperwork and a process, of course. Prioritize your mental and physical health and play the game. Good luck.
Ok I got a response from HR. The DPC plan states that the company can place one who does not improve on pip, demote or seperate employee. This is opposite of what the NRE states "a NRE employee is subject to DCP in liue of PIP for as long as the meet NRE classification". I think they are sc--wing me around and would not dare take further action. I have provided all documents to my attorney and will let him analyze the BS. He will not act unless my retirement is at risk. I was advised to document everything and be careful what I say. My attorney has seen this case play out before and believes it is a bluff. He has told me only a few employees have been forced out before retirement in the past 15 years. The supervisors and or managers acted alone to force out NRE employees. In these cases the employees won millions of dollars. My attorney knows exxon well and other companies that try to target older employees. I knew an employee that was demoted but was not NRE in the past. So exxon can do it but would they risk it with an employee so close to retirement. I will keep you posted for the next few months. We will see if the plan is fair and passable.
I am posting to help others that will go through this he-l. I will make it but exxon is putting the squeeze on me. I truly hate exxon and the games they play with peoples careers. I have worked here but have loathed every single day. I truly do want to help anyone going through pip or dcp.
In Texas, you do not need the other party's consent to record a phone or conference room conversation. Just buy yourself an invisible mike to wear on your shirt and record every conversation with the management and H/R.
Document every conversation with your supervisor/ your manager and HR. Written notes with names and dates and time are needed in court. This is especially important if you go to court because contemporaneous notes are weighed heavily (signed by everyone) Also, make sure you talk to your wife about your notes and maybe other witnesses, who can be verified as witness to the events. If the supervisor does not accurately document and you have witnesses, with dates and time. You will win alot more money. Especially if there is age discrimination or any comments of bias in the ranking system
Dum--ss Counseling Plan, it’s for NREs who are NSI
What is DCP?
You need to stick it out to 55. 2M$ is not going to cut it without retiree health care and with your pension slashed. Being litigious is not helping your situation. You are so close to winning the game.
I have a lot of options and don't need to put up with this yet I choose to and then become upset about it.
If you have $2m, side hustle, jobs waiting, and an attorney then why are posting here?
Btw $2m isn’t enough for most people to retire at less than 55 yo.
Good luck