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  #151  
Old 02-13-2016, 10:31 AM
silverstaff silverstaff is offline
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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.

  #152  
Old 02-13-2016, 10:32 AM
Sandman Sandman is offline
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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.

  #153  
Old 02-13-2016, 02:00 PM
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csquared csquared is offline
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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.
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  #154  
Old 02-13-2016, 04:01 PM
eltf177 eltf177 is offline
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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.

  #155  
Old 02-15-2016, 04:53 AM
Shyla Shyla is offline
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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.

  #156  
Old 02-15-2016, 06:34 AM
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Quote:
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.
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Last edited by Marmalady; 02-15-2016 at 06:37 AM.

  #157  
Old 02-15-2016, 08:45 AM
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brucetiki brucetiki is offline
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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.
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  #158  
Old 02-15-2016, 04:19 PM
sstabeler sstabeler is offline
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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.)

  #159  
Old 02-16-2016, 04:01 AM
cindybubbles cindybubbles is offline
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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.
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  #160  
Old 02-16-2016, 05:22 AM
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Quote:
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.
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