Announcement

Collapse
No announcement yet.

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

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • I just got another call from the attorney, about a couple of hours ago. She got permission to agree to the terms I had proposed. I'm meeting with her next week to sign the amended deal. Amended meaning that one of the things I asked for last week was apparently not in the deal she was prepared/authorized to offer.

    As for the idea they were trying something, well. Apparently her initial permission to settle and initial offer didn't include the back pay that I was entitled to, she had to spend a few days getting permission for the back pay. Hence why I'm going in next week to sign the settlement agreement instead of this week.

    The fact that I mentioned the back pay and specified it (and cited the law gave me the right to it) was something she (and her bosses in senior leadership) didn't count on. It looks like they were hoping I'd be so quick to jump on the settlement that I'd forget to ask for the back pay.

    Also, when the attorney was talking to me last week, she thought I had gone back to work at my old police department, she didn't look too closely into that I guess, and if I had, then I would only be entitled to the pay that was the difference between my pay from there, which would be only a few thousand dollars.

    Which makes sense, the back pay I'll be due (after taking out unemployment benefits, and the law that entitles me to back pay requires that to be taken out) is almost $30k (before taxes). I can see them wanting to slip that one by me, but I didn't let them. I wasn't about to pass that one by, as my wife and me have already agreed to use that money towards down payment on a house.

    As for an NDA, if they insist on a hardline one where I can't tell anyone about anything whatsoever, I'm explaining to all my friends, family, and my leadership at the National Guard and such what's going on, so that if they insist on a hardline NDA, and I can't talk about it from here on out, they'll know what happened because I'll have told them what was happening before I signed the NDA (and they didn't mention one in the verbal negotiations we had so far, I'm just presuming they'll want one). I have discussed the basics of this settlement with an attorney I know (one of the ones who said he couldn't represent me before the board, because he doesn't know enough about protocol for administrative hearings to feel competent to do so) and that was his advice on how to handle letting people know, since they haven't asked me to sign an NDA yet and I haven't signed one yet (or been asked to sign one yet), let people know what is happening so if I DO have to sign one and shut up, people will know what happened, even if I can't talk about it anymore.

    I'm not asking for anybody to be demoted, I'm not being vindictive, I'm not going to ask for anything more than what I'm due by law. I just want to go back to work, do my job, and get the back pay and seniority I am due by law.

    As for trying to rush things through, I realize why. The board WILL make their final ruling on this case soon, unless I file to dismiss my appeal, so they want the settlement to come down before they can give the final ruling. Hence the pressure to settle quickly, because this all goes on the record at the next board meeting at the end of the month.

    As for ensuring that my former boss can never be over me, well, I don't want to be too specific, but the details of the new assignment/posting that's in the settlement offer would make it very difficult and unlikely for him to be over me, given how the agency is set up. It gives me a work location that's rather convenient for me, and is such that my boss could never be above me unless he got promoted to VERY high in the agencies chain of command, and after this mess and how much he's costing them to sweep it under the rug, I doubt him getting that many promotions will happen (also, given the protections I would have, going back as an employee off my probationary period, his ability to directly harm me would be limited even if he did get that high up, for him to make any serious personnel action against me would have to go back before the same board I'm appealing to right now).

    As for my co-workers knowing what's up. My new supervisor at least would have to know I'm not just another transfer. . .I wouldn't have a badge, gun, handcuffs (and all my old user accounts on various databases ect. are certainly deactivated now) ect and would have to get all that stuff issued to me. He'd have to know *something* was up that this guy is showing up, off probationary status, personnel paperwork giving me a couple of years of seniority, but without any equipment or user accounts or anything else.

    A guy at my National Guard unit is a part of the same agency, albeit in a different division than the one I was at. He said he hasn't heard anything about my case in the rumor mill, but his theory is that what happened with me will probably be in the supervisor training modules for decades under "Don't do this to someone!" because of how much the back pay will cost them. Seriously, my former bosses mistake is costing them a nice five-figure sum, and we're facing some tough budget conditions and cuts right now.

    We're filing out taxes later this week, so we're going to talk to our tax preparer about how this can affect things (i.e. will this settlement count as income for last year and we'll need to file an amended return, or will it count on this year so we'll just deal with it next year, ect).

    Comment


    • Wow. Congrats again. Although I didn't figure you would sign anything without fully understanding what you were signing, it's good that your lawyer you paid attention and got you what you deserve. I agree that it's a shame that the whole issue won't be made public, but I also would do the same thing if I were you and just try to move on.
      Last edited by notalwaysright; 02-17-2016, 10:57 PM. Reason: Re-read post!
      Replace anger management with stupidity management.

      Comment


      • Quoth silverstaff View Post
        I'm not asking for anybody to be demoted, I'm not being vindictive, I'm not going to ask for anything more than what I'm due by law. I just want to go back to work, do my job, and get the back pay and seniority I am due by law.
        I do think this is the best approach. Sure, vindictiveness can feel good, getting "back" at the person who initially wronged you, but unless you're guaranteed as good an outcome for you and your family that way, it's best to go with the route you're taking.

        And good on you catching that they weren't giving you the back pay initially. Do make sure you're getting everything you're due by law. Don't let them cheat you out of it by pressuring you.
        "Enough expository banter. It's time we fight like men. And ladies. And ladies who dress like men. For Gilgamesh...IT'S MORPHING TIME!"
        - Gilgamesh, Final Fantasy V

        Comment


        • I'm not any kind of tax expert, but I believe taxes would apply WHEN you receive whatever settlement it is you're getting, regardless of whether it would have been considered prior year income. But if you receive it in 2016, it would be considered taxable income in this year, and not affect your last year's taxes. But I could be totally off base here, so I def would recommend talking to a professional.

          Comment


          • Quoth silverstaff View Post
            [W]ill this settlement count as income for last year and we'll need to file an amended return
            Probably not, as you did not receive that income last year.
            In general, settlements are taxable. After all, the underlying legal theory boils down to: income that would have been received but for an illegal action.
            Quoth silverstaff View Post
            [W]ill it count on this year so we'll just deal with it next year, ect).
            More likely; I recommend making an estimated tax payment once you get the check. Keep in mind that the legal fee is also deductible as it would be to acquire income. Yes, you may PM me for details.
            I'm trying to see things from your point of view, but I can't get my head that far up my keister!

            Who is John Galt?
            -Ayn Rand, Atlas Shrugged

            Comment


            • One thing as a state employee I would require is that all vacation and sick time that should have accrued during your termination be added to your balance. You shouldn't start back with zero, if you had been working for a year you would have built up a balance, that should exist. It sounds like you have everything else on lock, but I would still insist on a clause that the guy who had you fired can never have any position in the org chart over you.

              The only other thing I have to say is congrats.

              Comment


              • Any updates that you can post, silverstaff?
                I'm trying to see things from your point of view, but I can't get my head that far up my keister!

                Who is John Galt?
                -Ayn Rand, Atlas Shrugged

                Comment


                • Quoth taxguykarl View Post
                  Any updates that you can post, silverstaff?
                  Still waiting on the call to go sign the final papers.

                  However, I did just get a text from a former co-worker. Apparently word of the settlement must have reached my former boss this morning. She overheard him in the hall, rather upset, griping to my former supervisor that I was getting my job back. He was clearly not happy about it, he was apparently on the edge of a tantrum at the news.

                  He said it within earshot of a good chunk of the office, which got people talking. Then one of my co-workers that I was on pretty good terms with messaged me about an hour and a half ago and relayed the above news and asking if I was getting my job back.

                  Comment


                  • Hope things go well for you!

                    Former boss is mouthing off where others can hear? Considering he's probably one of the most hated people there to his superiors (who he dragged through the mud with him) one would think he'd try and fly under the radar for awhile.

                    Hopefully this will translate into Professional Darwinism for former boss very soon...

                    Comment


                    • Quoth silverstaff View Post
                      Still waiting on the call to go sign the final papers.

                      However, I did just get a text from a former co-worker. Apparently word of the settlement must have reached my former boss this morning. She overheard him in the hall, rather upset, griping to my former supervisor that I was getting my job back. He was clearly not happy about it, he was apparently on the edge of a tantrum at the news.

                      He said it within earshot of a good chunk of the office, which got people talking. Then one of my co-workers that I was on pretty good terms with messaged me about an hour and a half ago and relayed the above news and asking if I was getting my job back.
                      Worries me a bit that your former boss has so little maturity and self-control, based on your line of work. OTOH, looks like he's digging that smoking crater for his career steadily deeper.
                      "Crazy may always be open for business, but on the full moon, it has buy one get one free specials." - WishfulSpirit

                      "Sometimes customers remind me of zombies, but I'm pretty sure that zombies are smarter." - MelindaJoy77

                      Comment


                      • Oh geeze... This would get me worried that he might try something sleezy and underhanded

                        Comment


                        • I'd say that's more of a "will" than a "might", considering history.
                          "Crazy may always be open for business, but on the full moon, it has buy one get one free specials." - WishfulSpirit

                          "Sometimes customers remind me of zombies, but I'm pretty sure that zombies are smarter." - MelindaJoy77

                          Comment


                          • Quoth Seanette View Post
                            I'd say that's more of a "will" than a "might", considering history.
                            Well, since the decision to settle and reinstate me was made WELL above his head, including at least the Director (who knows what shenanigans he pulled) I'd say that he'd have no real ability to stop the reinstatement.

                            . . .and this is almost certainly why they are moving me to another office, which is something I had requested in the first place.

                            . . .and I'll be going back with Merit status, meaning there's jack-all he can do to fire me, because any termination of me after this would have to go back to the same Board which is going to order my reinstatement, there isn't a whole lot he can do about it. Especially since the superiors know what he did and aren't pleased. He probably got his ass chewed out over this, not the least of which is that the back pay I'm due in the settlement will be pushing $30k by the time it's all said and done, so they probably told him his screw-up is costing them that much money.

                            That's probably a lot of why he's upset: he wants to get rid of me, but can't, and is in trouble over it all and has had it explained to him how much money his screwup is costing the agency.

                            Comment


                            • Quoth silverstaff View Post
                              That's probably a lot of why he's upset: he wants to get rid of me, but can't, and is in trouble over it all and has had it explained to him how much money his screwup is costing the agency.
                              You know it's only the fact he's a government employee that keeps him from being shown the door, which is the fate he truly deserves.

                              Still, hopefully this prevents him from getting any further promotions and sets him up for early termination if he screws up again...

                              Comment


                              • Quoth eltf177 View Post
                                You know it's only the fact he's a government employee that keeps him from being shown the door, which is the fate he truly deserves.
                                Do you mean "shown the door" in the same manner that Big Beef McAfree was shown the door at Callahan's?
                                Any fool can piss on the floor. It takes a talented SC to shit on the ceiling.

                                Comment

                                Working...
                                X