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  • I've signed the papers.

    As of 2:15 today, the papers are signed.

    There was no NDA attached. The terms of the settlement are as follows:

    1. Neither side admits any fault. They refuse to say that my termination was due to military status, I refuse to say that my termination was due to inadequate performance of my job, officially this settlement is considered "a result of a compromise of the disputed claims".
    2. They agree to rescind my termination and reinstate me with all back pay and benefits (including pension contributions, vacation & sick time) from the time of my termination to the time of my reinstatement.
    3. They put me back to work at an office that's not the one I was at before (the way the personnel system is set up, that basically guarantees I'll never be working for my old boss ever again).
    4. They will remove all documentation of this incident from my personnel file at both the agency and the state government's HR office.
    5. They are asking the Personnel Board to vacate every single order and finding they've produced regarding this case, this is the section that apparently took a while for the lawyers to hash out.
    6. I agree to not file any kind of lawsuit against the agency for over this issue.
    7. I agree to drop the appeal.

    Now from here. . .

    Sometime between tomorrow and next Thursday, the attorney for the state tries to get in to see the new boss and explain the situation and gets a signature from the boss.

    Then they get a signature from an attorney at the state gov's HR office, this is strictly pro-forma since they already approved the wording of the agreement.

    Then they take it to the Board and when the board meets next Friday they review the agreement, approve the settlement, and agree to dismiss the case as settled (and take into consideration the State's request to vacate all their prior orders and findings from the case).

    Then sometime week-after-next this goes to the State Gov's HR office to start the process of actually reinstating me and getting me back on the payroll and back to work. . . this takes several weeks.

    I was warned that the process of paying out the back pay isn't instant and will take them a little while to pay, due to bureaucracy involving pension withholdings and payments into it. Because it involves them retroactively paying over a year of contributions into my state's law enforcement pension system, and the system isn't well set up for that, so they know it'll be a paperwork nightmare to set that up on their end.
    Last edited by silverstaff; 04-05-2016, 09:48 PM. Reason: Correcting typo

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    • How long have they got to get whoever it is up to speed and signing off the papers before the court steps in and forces a judgement? I'm beginning to wonder if this new person is playing Keep Away.
      "It is traditional when asking for help or advice to listen to the answers you receive" - RealUnimportant

      Rev that Engine Louder, I Can't Hear How Small Your Dick Is - Jay 2K Winger

      The Darwin Awards The best site to visit to restore your faith in instant karma.

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      • Quoth greek_jester View Post
        How long have they got to get whoever it is up to speed and signing off the papers before the court steps in and forces a judgement? I'm beginning to wonder if this new person is playing Keep Away.
        The board meets next Friday. There are three things that can happen next Friday.

        1. They approve the settlement, if the new boss signs the papers by then.
        2. They render a final judgment in my favor, if the boss doesn't sign and I do nothing else.
        3. They postpone the issue for another month to give time for the boss to sign it, if both me and the attorney for the State agree to petition the board for that.

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        • Dragging their heels just costs them more in the end, hopefully that will force them to get their act together quickly.

          We hope...

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          • I just got a call from the attorney.

            The Governor appointed a new Director yesterday, today was her first day in office.

            The attorney visited the new Director on her first day to briefly explain the situation and get her signature. Talk about a welcome to the job.

            So, it's been signed off by the (new) Director of the Agency, and right before close-of-business the papers were dropped off at the State Gov's HR office for signature. Presumably they'll be signed on Monday, so they can drop off the papers at the Personnel Board on Friday and the settlement can be officially approved, putting me back on duty within the next few weeks.

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            • As Montgomery Burns would say, "Excellent!"

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              • It's not an overnight thing for the back pay but did they give you an ETA at all? They could try to really drag that out and given how they have acted towards you I would be a very squeaky wheel about it. That's YOUR money.

                It's not your fault it's a nightmare on their end, they screwed up, they need to fix it within a reasonable time.
                I wasnt put on this earth to make you feel like a man ~ Mary Bertone

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                • Hmmm I have to say, once your back at work and are at least starting to receive back pay payments this story deserves to be a war story.

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                  • If this is not a War story I don't know what else would qualify. Just finished all 22 pages and dam.... Glad to see you won.

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                    • I can totally see me using this as an antidote

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                      • An update for today.

                        I received a call from the attorney this morning. The papers have been signed by the head of the State Government HR office, apparently there was a delay because the attorney for HR was out of the office, so they had the head of the office sign the papers.

                        The settlement is now sitting at the Personnel Board where it is being read & reviewed by the board members. They'll discuss the settlement on Friday and formally vote on whether to accept the settlement, that's expected to be strictly a formality.

                        Sometime next week they'll formally produce a "Final Order" where they dismiss the appeal in exchange for the State going through with their terms of the settlement (i.e. giving me my job back with back pay & seniority, and removing all records of this from my personnel file).

                        Once I've received the final order in the mail, most likely late next week, I can start talking with HR about getting me back to work and back on the schedule.

                        Amusingly, I'll be gone most of next month on my annual military duties with the National Guard, so that's going to be slightly awkward with reinstating me during that month. They might wait until June, or they might have to reinstate me while I'm on leave. In any case, I'm sure they won't make any stink about it. . .since griping about that sort of stuff is what started this mess to begin with.

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                        • *does happy dance*
                          “There are two novels that can change a bookish fourteen-year old’s life: The Lord of the Rings and Atlas Shrugged.
                          One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world.
                          The other, of course, involves orcs." -- John Rogers

                          Comment


                          • Is that irony?
                            Unseen but seeing
                            oh dear, now they're masquerading as sane-KiaKat
                            There isn't enough interpretive dance in the workplace these days-Irv
                            3rd shift needs love, too
                            RIP, mo bhrionglóid

                            Comment


                            • An update:

                              On Friday, I received in the mail a copy of the final "Settlement Order" from the state Personnel Board, dated April 20, 2016. It formally orders that the settlement that was agreed upon be enacted.

                              The careful, convoluted language asking the board to vacate all their findings and seal all records of the appeal were ignored, and they explicitly ruled in my favor, and ordered as relief, that the settlement be enacted.

                              I think they did that just to get it on the record that they did me wrong, so the state couldn't bury the incident.

                              I called the attorney on Friday morning, right after getting it, to start the process of getting back to work, but no callback yet.

                              So, I've got a final order from the board, explicitly in my favor and ordering that the settlement that puts me back to work be enacted.

                              Comment


                              • The good guys win one. Fabulous.
                                You hold power over me and abuse it. I do not like it, and say so. Suddenly I am a problem.. FIND. A. MIRROR!

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