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Fired, and I still don't know why. . .

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  • The main advantages I get in settling, so far, appear to be that I can choose what office I want to work at when I go back (and one of them is only a mile down the road from where my wife works, and is literally right across the street from the martial arts dojo I study at), and that they won't tie this up in frivolous appeals (they have an appellate right on this decision that could easily tie this up for another year at least, maybe several years if the court finds any substantial grounds for the appeal, and the attorney mentioned that if we didn't come to an agreement by the end of next week, she's have to file an appeal)

    I've looked into that appeal process, it is known to drag on and on apparently. I'd been waiting nervously every day when checking the mail to see if they were going to file an appeal, because while I know I should win on appeal (as in the court upholds the decision). . .it would also drag this out a long time.

    If I don't settle, they drag it out in appeals for a year or more, and they don't have to give me a choice of where I go back to work, they can name the most inconvenient office that's within a 50 mile radius of my house and name that as my new workplace.

    So, if I settle, I can be back to work on March 1 (basically turning my termination retroactively into a year of paid vacation), with everything the board would give me in their ruling, at an office that's very convenient to me. . .if I don't, this could take a year or more before I go back to work and they send me to the most inconvenient place they can find, all to get this on the public record of what they did.

    Is it worth another year of unemployment and possibly getting a sucky work location when it's all said and done just to have this mess go on the public record?

    I very much get the vibe that they're trying to bury this mess and make it go away, and that means making it worth it for me to shut up and go back to work.

    Comment


    • Something doesn't smell right... Not wanting it to go public.. Basically sweeping it under the rug.. I would tell them to go to hell. Someone high up has higher ambitions and this coming out would hurt them.

      The fact that the ones who caused the actions aren't getting punished.. Something doesn't smell right.

      Comment


      • It could be in the State's best interest to settle quickly. Remember, the back pay is from the date of his firing to the date of reinstatement. If they drag this out and lose, they have to pay him more. I think that they have concluded that they don't stand a snowballs chance in Hell of winning and are trying to cut losses. That does not mean that silverstaff has to accept a mediocre settlement. I wouldn't be pushing for lottery class winnings, but I would be looking at collecting interest on the moneys owed.

        One other things... Talk to a tax adviser.
        Life is too short to not eat popcorn.
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        • I agree with csquared, that the state is trying to just bury this and get on with things. But you should get EVERYTHING out of this you possibly can before signing - squeeze them for every nickel and benefit possible. And I would make it a signed condition that your ex-boss under NO CIRCUMSTANCES can have any sort of authority over you in any manner whatsoever and cannot even come anywhere near your new office.

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          • I would consider paying for an hour with an attorney before you go to the meeting/settlement, just for some advice. I understand about the benefits to settling. The lawyer just may know things that need to be written down. Just an opinion.

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            • Quoth silverstaff View Post
              So, if I settle, I can be back to work on March 1 (basically turning my termination retroactively into a year of paid vacation), with everything the board would give me in their ruling, at an office that's very convenient to me. . .if I don't, this could take a year or more before I go back to work and they send me to the most inconvenient place they can find, all to get this on the public record of what they did.
              I think it's worth quoting Seshat on this one - 'Would you rather be right, or get the result you want?'

              I understand the feeling of wanting to blow this all out into the open, but it's worth weighing that against the personal cost to yourself if you do.
              Last edited by Marmalady; 02-15-2016, 06:37 AM.
              Engaged to the sweet Mytical He is my Black Dragon (and yes, a good one) strong, protective, the guardian. I am his Silver Dragon, always by his side, shining for him, cherishing him.

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              • That was a very interesting 16 page read (and I pretty much never read a thread that long).

                Glad that it looks like things appear to be going your way. Hopefully there's complete closure on it soon.
                the end of an era is not the completion of a destiny. Momentum comes when we believe the best for the future, we keep speaking life into the future, and we commit to the future - Brian Houston

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                • I can think of a few demands that I'd make- 1) that the guy who tried to get you fired unfairly CANNOT be put in a position of authority over you- regardless of circumstances.(and, incidentally, to avoid the obvious revenge of putting him in a position of authority and firing you to "comply" with he terms of the agreement, specify that the remedy for him being moved in to a position of authority over you is you get to transfer to a different office of your choice ) 2) that if they want an NDA, you at least be allowed to let people know the case was settled- preferably, the NDA would be restricted to going to the media.(this would allow you to let us know the case was settled 3) any breach of the settlement agreement by them means you are immediately allowed to go to the media. 4) that a investigation - preferably external, but that might be pushing it- be made to find out a) if the guy who tried to get you fired should themselves be fired and b) if anyone else was involved in trying to terminate you.(that is, was it just the one guy, or were there others involved? The idea is that the guy who tried to get you fired wouldn't be let off the hook.)

                  Comment


                  • Can they demote the people who fired the OP so that they would now be the OP's underlings?

                    If so, it would be interesting to see how that plays out, especially if OP is the boss and not one of them can go over OP's head to complain.
                    cindybubbles (👧 ❤️ 🎂 )

                    Enter Cindyland here!

                    Comment


                    • Quoth silverstaff View Post
                      If I don't settle, they drag it out in appeals for a year or more, and they don't have to give me a choice of where I go back to work, they can name the most inconvenient office that's within a 50 mile radius of my house and name that as my new workplace.

                      So, if I settle, I can be back to work on March 1 (basically turning my termination retroactively into a year of paid vacation), with everything the board would give me in their ruling, at an office that's very convenient to me. . .if I don't, this could take a year or more before I go back to work and they send me to the most inconvenient place they can find, all to get this on the public record of what they did.

                      I very much get the vibe that they're trying to bury this mess and make it go away, and that means making it worth it for me to shut up and go back to work.
                      I think you're right, they're trying to bury it, but i also suspect there's something else at work here, just one of those nagging gut feelings. I'd say push back a little, make it clear you're interested, but on the fence to see how they react, that should give you a better idea of what they're up to.
                      Seph
                      Taur10
                      "You're supposed to be the head of covert intelligence. Right now, I'm not seeing a hell of a lot of intelligence. Covert, overt, or otherwise!"-Lochley, B5, A View from the Gallery

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                      • Quoth cindybubbles View Post
                        Can they demote the people who fired the OP so that they would now be the OP's underlings?

                        If so, it would be interesting to see how that plays out, especially if OP is the boss and not one of them can go over OP's head to complain.
                        to be honest, that's the kind of thing best kept a fantasy. Too much temptation for the previous underling to abuse their new position. (that, and there's too many ways for said former boss to be able to undermine the OP in such an event- I can think of two basic methods off the top of my head (deliberately not doign their job properly in some way that makes the OP look bad, and attempting to undermine the OP through a whispering campaign- like, for example, suggesting the complaint was actually because the OP wanted their job.(or, of course, not squashing such rumours if they come up)- we know that isn't true, but the OP's subordinates probably wouldn't.)

                        That, and how do we know the OP would be properly trained for the job if they were promoted to be the guy's superior?

                        Do be aware, by the way, that while you might not want to have to fight an appeal, if the case receives significant media attention- I'm talking locally here, since I doubt national media would be interested- then it's entirely possible that public opinion forces them to abandon any appeal. Not to mention that with a case as shoddy as they have, any appeal may well be short. (the cases that drag on are usually ones where there is an actual possible point of contention. Since their arguments are so weak- IIRC, their arguments were that if you are in the NG, you should have to resign each time you are called up to benefit from laws protecting serving members of the military- any appeal may well be chucked out almost immediately.

                        What I am saying, basically, is be careful not to overestimate how long an appeal would actually last. Off the top of my head, if it is an appeal to actual courts, on so weak a case, I would give a 50-50 chance of the judge having difficulty believing that it even got in front of him.(and do remember judges don't usually like it if they think someone is wasting their time)

                        Comment


                        • Congrats! ^_^ Glad to see this is finally calming down, and coming down in your favor.

                          I'll basically echo what the others have said --

                          - It's definitely worth paying an attorney a couple hundy to go over the contract. It is in their best interests to use plenty of weasel words
                          - Yes, they want this kept out of the media, not surprisingly -- but, let's face it, you can get an easy remedy for your real-life situation, or you can get potential vengeance through a third party that will disappear from the public eye three days after it first appears. The choice is yours
                          - If there's a settlement, the court records get sealed, and you will almost certainly be required to sign an NDA regarding what few matters are NOT covered by the "seal" -- So, work on the assumption that you will not even be able to discuss details with co-workers (possibly not even with your wife and definitely not with other family). As far as they're concerned, you're likely to be considered a transfer with no explanation.

                          I wish you continued good luck! Don't let those turkeys get you down!
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                          • I'd still say you should think it over carefully though- it does make me slightly suspicious they're trying to get a response back by the end of the week, since that makes me wonder if they're hoping to pull a fast one using the old salesman's trick of insisting you have less time to consider your options than you have- and I would be at least wary if the NDA prohibited you from defending yourself if the guy that got you fired started trying to trashtalk you.(what I mean is if the other guy tries to claim you sued just because you were a disgruntled employee, that you would be able to correct the rumour- something like "I can't give you details due to an NDA, but I was fired for taking legally-protected leave, which was the reason behind the complaint."

                            Oh, and I would also make sure you get it in writing that if this case gets brought up in a performance review- like if a manager asks you why you weren't actually at work during the period of time- you can give a basic outline ("I was fired illegally, and was later reinstated- that period is for the time between my firing and reinstatement")

                            Comment


                            • EricKei and sstabeler have made some very good points. I agree that having a lawyer help you look at all your options, make sure you're not being railroaded into a quick decision and that you have recourse if things turn sour in the future would be a very good thing...

                              Comment


                              • Ya'll need to recall this is .gov and not retail. Think parks and rec. It makes sense they'd want to sweep it away rather than deal with the public. That's how these untouchable folks actually lose their sometimes cushy jobs.
                                But the paint on me is beginning to dry
                                And it's not what I wanted to be
                                The weight on me
                                Is Hanging on to a weary angel - Sister Hazel

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