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February 23, 2009 2:06 PM PST

Microsoft backtracks on severance issue

by Ina Fried
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This story was updated at 3:45 p.m. PST with an official statement from Microsoft.

Amid a wave of criticism, Microsoft is backtracking on a decision to require laid off workers to pay back money that the software maker said was in excess of its planned severance, CNET News has learned.

News.com Poll

Severance about-face
Why did Microsoft reverse itself?

To save face.
It wasn't that much money.
Company wanted to do the right thing.



View results

Over the weekend, Microsoft confirmed it had overpaid severance to some workers and underpaid others. At the time, the company did not say how much money was involved, but sent the workers who were overpaid a letter saying they would be required to pay back the money in excess of the severance they were due.

On Monday, Microsoft human resources chief Lisa Brummel said the company was reversing course.

"I thought it didn't make sense for us to continue on the path we were on," she told CNET News. Twenty-five workers were overpaid and about 20 underpaid, Microsoft said.

Brummel said she has spoken or left messages to most of those affected.

Brummel said those overpaid received, on average, about $4,000 or $5,000 in extra pay.

"I have called now 22 out of the 25 impacted employees, only because I haven't had time to get to the three but I will after we hang up," Brummel said.

In general, Brummel said it makes sense for companies to recover money if it makes an accounting error, but she acknowledged the situation was an extraordinary one. Brummel said the company actually overpaid her at one point during her long tenure.

"It actually happened to me and I wrote the company a check," she said. "It may have happened to others."

Later on Monday Microsoft issued the following statement about the matter:

Last week, 25 former Microsoft employees were informed that they were overpaid as a part of their severance payments from the company. This was a mistake on our part. We should have handled this situation in a more thoughtful manner. We are reaching out to those impacted to relay that we will not seek any payment from those individuals.

Microsoft also said that the company is immediately reimbursing the underpaid employees.

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina.
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Add a Comment (Log in or register) Showing 1 of 2 pages (57 Comments)
by Penguinisto February 23, 2009 2:21 PM PST
Now see? That wasn't so bad, was it?



(...kinda wondering how the number went from an estimated 1400 down to "twenty five", but okay - confirmation trumps rumor).

Hopefully the underpaid folks get paid-up.

Now - where's dhavelek and his insistence on hiding behind some superfluous SarbOx "requirement" as an excuse for them to not just own up to their goof and let it slide? For that matter, where are all the MSFT defenders and their hot insistence that MSFT ruthlessly demand the dough back?

Cue the spin-doctoring in 5... 4... 3... 2...
Reply to this comment
by Vegaman_Dan February 23, 2009 2:35 PM PST
There was never any statement that 1400 people were overpaid. You made that assumption and trumpeted it about proudly (and as it turns out, incorrectly). 25 people were overpaid out of 1400, which is 1.7% of the total number of people laid off. Makes it kind of silly how big and out of propotion this was blown up by some people, doesn't it?

Sounds like MSFT took your advice/demands to heart and are addressing the issue.

So you're right- it wasn't nearly as bad as you made it out to be.
by Penguinisto February 23, 2009 2:41 PM PST
True - the 1400 figure was ms-read (hence the reason I asked it as a question). I never "trumpeted" it anywhere that I'm aware of.

Glad MSFT took my advice too (though even when I wrote it, I stated that they didn't have much choice. ;) ).
by Vegaman_Dan February 23, 2009 2:50 PM PST
I suppose I shouldn't use the term 'trumpeted'. I apologize for that.

Microsoft comes out of this with good PR results. How the heck did THAT happen? I would not have predicted this as a result.
by dhavleak February 23, 2009 3:30 PM PST
@ penguinisto

I guess I was wrong about Sarbox. You were wrong about everything else though.
by Mark_Anderson February 23, 2009 3:35 PM PST
"Hopefully the underpaid folks get paid-up."

Of course they will, why wouldn't they?
by GHynson February 23, 2009 6:06 PM PST
In that case,..
The exec's need to write a check too,.
Seeing as how they are WAYYYYYYY overpaid.
by homercles82 February 24, 2009 5:35 AM PST
@Mark_Anderson

They were going to pay the underpaid all along I am sure you just did not hear about it because anytime people can take to bashing MS they will.
by gigo1000 February 23, 2009 2:31 PM PST
There are still good people at Microsoft. This was a good decision, for more reasons than spin. I applaud Microsoft for their decision.
Reply to this comment
by Penguinisto February 23, 2009 2:34 PM PST
Agreed, perfectly.
by signal7svr February 23, 2009 2:35 PM PST
oops...
What really *************************** to ask for it back. And would have kept at it had they not been outed.
Reply to this comment
by Penguinisto February 23, 2009 2:41 PM PST
Welcome to the Internet... :)
by ppgreat February 23, 2009 2:39 PM PST
Regardless, this was yet another major well-publicized PR blunder for MS.
Reply to this comment
by Vegaman_Dan February 23, 2009 2:52 PM PST
And yet they some out of it in a positive light, showing that they were willing to realize the situation was not one that helped anyone. They could have been the uncaring megacorp and perfectly legal to do so, but instead come out of this sounding more human than they did going in.

It's not something I don't think anyone could have predicted.
by Vegaman_Dan February 23, 2009 5:50 PM PST
Geez, looks like my mental buffer dropped some words there. :)

That first line should read: "And yet they got some PR out of it in a positive light," Even that is bad sentence structure. :P
by pentest February 24, 2009 7:19 PM PST
There is no positive light on this. MS was shamed into doing the right thing.
by codynews February 23, 2009 2:57 PM PST
Yet the story this is based off is still on the front page :)
Reply to this comment
by DumbMacUser1 February 23, 2009 3:04 PM PST
Still sounds quite professional in comparisson to the way the Criminals at Apple Inc. operate.

We were laid off less than 1 week after Steve Jobs told the entire company on closed-circuit TV that there would be NO LAYOFFS.

My stock options were literally STOLEN by Apple Computer Inc. and when I took them to court, they lied through their teeth and had apparently bought everyone at Palo Alto superior court. Steve Jobs, who had been served, of course got special privileges and never showed up.

He never explained himself on why he lied to us and why my stock options, given to me for good performance were STOLEN, years onward. And I wonder how they stay in business when they keep college dropouts as engineers to play games all day, and let go educated and productive people.

A couple of months after the lawsuit, Apple decided to "investigate" itself and of course, claimed Steve was innocent. They have so far paid out $14 million for this act of fraud and vicitims like myself still havent been compensated.


[CNET editor's note: Inappropriate material has been removed from this message]
Reply to this comment
by marvswett February 23, 2009 3:49 PM PST
@DumbMacUser1

Wow! A story about Microsoft that doesn't have an Apple angle on it and YOU provide the link.

Thank you for your tireless....

No, wait. That should be witless.
by Shaun822 February 23, 2009 7:05 PM PST
Me thinks the truth, as always lies in the middle, since this is clearly one farrrrr side of the story we have a lot of room to play with. And secondly, where the **** was Apple in this article if you want to go spew about Apple and stock I'm sure there is a blog somewhere for you to deface.
by black jelly bean February 24, 2009 12:06 PM PST
Obviously you people can't make the connection that we are talking about Layoffs and the way two competitors (although apple can't really be called a competitor to microsoft...laughing stock maybe).

If you were capable of seeing the connection then you probably wouldn't have been dumb enough to pay $4000 for your little mac, for no other purpose than so it can sit on your desk and look cute...
by jackdaniels08 February 23, 2009 3:51 PM PST
Oh yeah right. Microsoft the good guy? You think they'll just bite the bullet on this one? I highly doubt that. They will get the money back from somewhere else. See this manipulative manuever makes them sound good when in fact they will most likely add a few dollars here and there to the price of their software. It's still the same evil Microsoft! Theyll just be stealing the money from right under the noses from customers and those who think this makes them look like the good guy now. HAH!
Reply to this comment
by Dylan_Wisor February 23, 2009 5:35 PM PST
You must have taken Business 101.

MS is taking a $90,000 hit. (Approximately.) That's a drop in the bucket for them.
*poof* You know what that was? Them recouping the loss, with a hefty dose of goodwill from Joe User for "taking care of their people in spite of the recession."
by eadeguzman February 23, 2009 8:01 PM PST
jackdaniels08 -- are you sober yet? Too many doubts, too many yapping, but no substance. "Stealing"? Such wild and irresponsible accusation. Grow up.
by Imalittleteapot February 23, 2009 8:11 PM PST
You're actually accusing a company of charging money to its customers for its products to cover its expenses? Well that's just crazy talk and I don't believe that for a second. No business would operate like that!
by magicmaster February 23, 2009 3:54 PM PST
It's MS's fault that the accounting error occurred, not that of employees.
Reply to this comment
by eadeguzman February 23, 2009 8:07 PM PST
Even if it's MS's fault that the accounting error occurred, the fact is it's an accounting error - hence needs to be corrected.

There are quite a few people who had been jailed for spending money in their Savings or Checking account because the money they spent was the Bank's money that was transferred to them due to similar accounting or technical error.

Microsoft is being extra generous by doing this (mostly because they don't want the extra negative publicity).
by CrashPad63 February 25, 2009 7:12 AM PST
Yes it is MS fault he error occured, and they did ultimately make the right decision to drop the repayment order. All in all an error folowed by a poor choice to ask for the money back followed by the right choice, This incident is over.
by imhodudes February 23, 2009 6:52 PM PST
"Brummel said those overpaid received, on average, about $4,000 or $5,000 in extra pay." Let's see, that's one exec overpaid by $100,000 and 24 "others" overpaid an average of $8.95. And now they get to keep it *all*!
Reply to this comment
by CrashPad63 February 25, 2009 7:13 AM PST
Give this up. No one believes you.
by iBuzz February 23, 2009 7:35 PM PST
Was the asking for the money back Lisa Brummel's doing? That wouldn't surprise me at all. The Wicked Witch of Red-West!
Reply to this comment
by iBuzz February 23, 2009 8:23 PM PST
> In general, Brummel said it makes sense for companies to recover money if it makes an accounting
> error, but she acknowledged the situation was an extraordinary one. Brummel said the company actually
> overpaid her at one point during her long tenure.
> "It actually happened to me and I wrote the company a check," she said. "It may have happened to others."

Wrong! You cannot compare Microsoft overpaying your executive bonus to what you did to these people. Unless you were laid off due to no fault of your own, had limited savings, and worried how you were going to stretch your severance money to cover your rent or pay your mortgage, and feed your family while you wonder where you're going to find a job in this economy before your money runs out, then you have NO IDEA what it's like... and IT DID NOT HAPPEN TO YOU!
Reply to this comment
by rapier1 February 24, 2009 8:23 AM PST
Bull. These people were paid relatively large sums of money for work they did not do. More to the point you know have 1,375 who have been essentially screwed because their co-workers lucked into an extra lump of money they didn't deserve. How is this fair to vast majority of the people that have been laid off? If you are *that* concerned about the fate of these laid off workers what do you suggest doing about these 1,375 people who didn't stumble into an accidental payout?

If this was any other company no one would have cared and no one would have raised a stink about it.
by grrroovy February 24, 2009 10:13 AM PST
Wow. You're actually trying to make a "fairness" argument with regard to layoffs? Was it fair that some people got laid off and others didn't. Is it fair that people at higher levels got more weeks' severance compensation than people at lower levels?

The bottom line is that most people that are going through layoffs are going through hardship. You don't dangle money in front of someone in this situation and then take it away. And the fact that this was being done by one of the most profitable software companies in the country is just awful. Microsoft had no problems with handing millions of dollars to Jerry Seinfeld to make ads that no one understood (like Jerry Seinfeld really needs more millions), while it lays people off and then tries to get back $4000 from their former co-workers that are going through hardship.
by rapier1 February 24, 2009 11:38 AM PST
Yes, I'm going to bring up the 'fairness' issue. 1,400 people got laid off and 25 of them pocketed an extra $4000 on average because someone made a mistake. How is allowing them to keep that money (in addition to their severance money) fair to all the people who didn't have a mistake made in their favor? Its not as if the other people who were laid off are in a better position than these 25. Are they less deserving of an extra unforeseen bonus? What ends up happening, because of idiotic blather in blogs like this is that 1,375 get screwed instead of 25 people who would have had to give up money they were never supposed to get in the first place.
by grrroovy February 24, 2009 2:58 PM PST
You never got over your mommy giving your sister the bigger "half" of the cookie, have you.

People who got what they were supposed to get did not get screwed. You could claim that people who got a little more than they should have were "fortunate." But fortunate is in quotes because anyone who got laid off is not fortunate. Taking away something that a person needs AFTER YOU GAVE IT TO THEM is not something you do in this situation. Period.

It has nothing to do with any notion of fairness to others, because as I argued, there is nothing fair to anyone about any of this. Everyone did not receive the same severance payout. Is that fair? You got a certain number of weeks pay for each 6 months you were at the company. And if you were at a higher level, you got more weeks of pay per each 6 months. Is it fair that someone who was with the company for 6 months and a day gets two more weeks severance than someone who was at the company for 5 months and 29 days? Is it fair that someone whose salary is higher gets more? Is it fair that someone at a higher level job gets more? Is it fair that someone who is single with no dependents gets more money than someone with a family to feed? The severance formula is based on arbitrary factors that someone came up with -- the fairness of the entire formula can be called into question. Your "fairness" argument does not hold because you cannot apply a fairness principle to just one part of the entire equation.
by rapier1 February 25, 2009 2:00 PM PST
Wow. What a mature well thought out response. The bit about the cookie was nicely done. Can't wait to see what other rhetorical bon-mots you'll cough up.

At least we are in agreement that the vast majority of people received what they should have received. What we are having differences on seems to be that you feel that random lotteries are an excellent way to determine the contents of a severance package. I personally feel that these packages should be based on more refined metrics. Is it fair that someone who worked at MS for 10 years is getting a bigger payout that someone that worked there for 6 months? Yes, I would have to say that it is. Is the fact that a senior engineer will get a bigger severance package than an assistant janitor fair? I'd have to say that is fair as well. Is the fact that some small number of people randomly 'won' a bigger severance for no real reason fair? No. Its not because its not based on any aspect of their work, performance, or longevity. It's not even arbitrary - its random and it isn't fair, equitable, or justifiable.

Look, losing a job sucks but its not like its some sort of unique tragedy that demands outrage. It is, like it or not, a normal part of a person's working life. What isn't normal is being handed a lump of cash by accident and then screaming because you have to give it back. That's just juvenile screw everyone but me unjustified entitlement whining.
by rcardona2k February 24, 2009 12:00 AM PST
Did the person making the 'Administrative error' get fired?
Reply to this comment
by Penguinisto February 24, 2009 8:24 AM PST
Not yet (usually, you don't axe someone responsible for a massive PR goof until after the public chatter dies down, and no one is paying attention anymore. ;) ).
by dddouchebag February 24, 2009 2:12 AM PST
I think the price of Windows 7 just went up $5 because of this. Computer glitches happen all the time, but you would think with something as sensitive and emotional as severance pay after a layoff, someone would have double-checked that.
Reply to this comment
by insite2000 February 24, 2009 7:02 AM PST
Here's the real question: Was Microsoft using its own accounting software? Hmmmm.
Reply to this comment
by cfkane84 February 24, 2009 7:03 AM PST
According to Microsoft Money my net worth went up about $5k this month.... I'm guessing I should celebrate yet?
Reply to this comment
by inachu February 24, 2009 7:43 AM PST
It has been stated that Bill Gates earns so much money that picking up a $100 bill on the street would not be worth Bill Gates time.
So with this same logic I find it funny they act so money pinching against people who are not rich.
Reply to this comment
by CrashPad63 February 25, 2009 7:23 AM PST
Yeah the corporate world is after one thing. Money. We live in a capitalist country that thrives on this.
by February 24, 2009 9:32 AM PST
The problem here is, if a 'bank' makes an accounting error, the error is the money really isn't in your account... so when you spend the 'error', you're stealing. BUT when a company intentionally writes you a check and put that check in your hand for a Reason.... then that money is yours (if its more than one would expect, thats just considered a good tip, which is all severance really is to begin with... try asking your waitress you tipped last week for some of the money back you gave her last week). They had a weak legal case to begin with, and an even weaker moral case. Combine that with the facts that; it would cost them more money to try and recover the money than the money they were trying to recover was worth and they were just totally shooting themselves in the foot PR-wise. Any idiot with a minimal amount of business experience could see this was a no win situation from the start and should have just swallowed the loss to begin with (and fixed the error so it didn't happen again). Think about it... it would have been better for microsoft to have 25 former employees score a few extra bucks and think MS accounting department was incompetent... Than to make this stupid mistake public (so we ALL know they're incompetent) and then compound the idiocy of the original mistake with the even dumber move of going after people you laid off for what amounts to a totally insignificant amount of money to the company but not an individual who has just lost their job.

I'm always amazed at the total lack of common sense that many business managers have... This stuff is taught in basic management classes... seriously, Microsofts actions will be a case study in a management textbook of what NOT to do in the first place, but how to recover from a stupid mistake. Just bite the bullet.
Reply to this comment
by eadeguzman February 24, 2009 11:26 AM PST
You're relying on a wrong premise: "company *intentionally* writes you a check"... Obviously, Microsoft did not intend to write you a check in excess of the amount you are qualified for.

Try to survey all companies and see how many of them made a single accounting error in their existence... I'd say probably most if not all.

Mistakes happen. If an accounting department makes this mistake, that doesn't make them incompetent. Ask your self, have you *ever* made any mistake in your job? If your answer is yes, then why should we treat Microsoft employees any differently?
by February 24, 2009 11:58 AM PST
You're are assuming of course that the employees somehow knew exactly what they were going to get and that what they got differed from the amount the were told they were going to get (when they got the check). In none of the articles is that point made. Mistakes do happen. I've never made one that cost someone $90k and I worked in a cash distbursements department of a major brokerage firm (and I moved 10s of millions a day from peoples accounts). Had I, I'd have been fired on the spot and I would have deserved it. I'm not treating MS employees any differently than I expect to be treated. Mistakes do happen... but if you are doing a job and you're so not paying attention to what you're doing that do you not only make the mistakes but sloppily send those mistakes out as finished work... and it costs your employer $90k... You deserve to be fired. There were numerous opportunities to verify those amounts, who the checks were filled out to, what amounts for, and etc... before they were put in the hands of those laid off. Thats just sheer incompetence.
by eadeguzman February 25, 2009 12:39 AM PST
It says so in the story loud and clear: accounting error. So how can you say that Microsoft intentionally or *meant* to write the check?

How is that different from the bank analogy? You see 5k extra money that you did not earn when you checked your balance in the ATM. Are you free to withdraw that sum? It's so wonderful to "assume" that the bank just "intentionally" gave you that free money even when they come knocking to your door asking for you to hand it back?

Also, if you don't know all the facts, how do you expect to make a credible conclusion about the competence or incompetence of MS employees or MS itself? "Incompetence" is a very strong word, use it lightly and it loses its meaning or strength.

Sometimes a mistake is just a mistake.

If you did your best to make sure you don't make a mistake and you still did because of some factors beyond your control, a judgment call (a mistake that anybody can make - even by competent folks like you), then it is just a mistake whether losing $1 or $1M for a company. If it's a mistake because of incompetence, being irresponsible or sloppy, then it's not a mistake. It's also irresponsible and maybe illegal in some cases to fire somebody with no other information than he made a mistake that lost the company 60k (without due process).
by uglo February 24, 2009 10:20 AM PST
I think the ones who were overpaid should pay the money back. I know they had knowledge they were overpaid and it is not their money. It belongs to Microsoft. I knew the morals of this country were going in the sewer but I did not think we were there yet. I was wrong. Maybe these overpaid people will someday have some of their own money stolen from them.
Reply to this comment
by Art Dir February 24, 2009 11:10 AM PST
uglo wrote:
February 24, 2009 10:20 AM PST
I think the ones who were overpaid should pay the money back. I know they had knowledge they were overpaid and it is not their money. It belongs to Microsoft. I knew the morals of this country were going in the sewer but I did not think we were there yet. I was wrong. Maybe these overpaid people will someday have some of their own money stolen from them.
---------------

Response:
Maybe someday you will be laid off from your job by a hugely profitable company at a time when jobs a few and far between resulting in you and your family struggling to survive?you a$$.
by rapier1 February 24, 2009 2:37 PM PST
What does how much the company makes or doesn't make have to do with anything? While it sucks that this is happening in a massive economic downturn are you suggesting that severance packages should be less in good economic times and more when its bad? How does giving away more money help the viability of the company and all of the jobs that are remaining?
by grrroovy February 24, 2009 3:06 PM PST
How much a company makes has everything to do with it. Because by definition, if a company is making a profit on your work, you are being underpaid relative to the value you are providing. The company is in a real sense stealing from you.

Who is stealing from whom all depends on which side you look at it.
by samplesize February 25, 2009 6:52 AM PST
To "uglo", who said, <i>"I think the ones who were overpaid should pay the money back."</i>

I agree. This is no more difficult a moral dilemma than one faces at a supermarket checkout stand and finds the employee handed you a $10 bill in change instead of a $1. You let them know there has been a mistake and correct it.

Very simple.

To those who moan that Microsoft's blunder shouldn't be recompensed simply because they are a "BIG" corporation and have gobs of money, I say if the principle applies in the small cases for the small fry, it applies for the big fry too. It's called equity under the law and it is MUCH more important than trying to satisfy some mean spirited sense of "stick it to 'da man!" mentality.
by M5er February 24, 2009 2:37 PM PST
Microsoft... SOUR GRAPES

IMO, once my employer gives me a check, it's mine to spend.

Punish the people who sent out the checks (i.e., those who didn't do their jobs right and cost MS *AND* those employees huge embarrassment and inconvenience).
Reply to this comment
by pentest February 24, 2009 7:17 PM PST
Why does MS always need an avalanche of bad press before they make the right decision.

Is there any other company that is so adept at shooting their foot off?
Reply to this comment
by CrashPad63 February 25, 2009 8:05 AM PST
Actually the question should be is there any company so scrutinized as MS. My God Im suprised we havent heard about the shameful waste of toilet paper at the Redmond campus! You trolls really should find a greater purpose in life than hounding a business for profit. After all this is a capitalist country and you name me one business that is not in it for the money.
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About Beyond Binary

During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft.


Beyond Binary is a look at how technology is changing our lives and the people behind all that life-changing stuff, with an extra emphasis on that which emanates from Redmond, Wash.

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