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  #41  
Old 02-26-2016, 06:39 PM
silverstaff silverstaff is offline
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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.

  #42  
Old 02-27-2016, 09:56 AM
silverstaff silverstaff is offline
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Quote:
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.

  #43  
Old 03-02-2016, 05:57 PM
silverstaff silverstaff is offline
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Update.

Just got a call from the attorney for the state.

They've finished drafting the settlement agreement. It's gone to the Director for approval.

Once he signs off on it (expected tomorrow or Thursday), I can go in and sign it and formally settle this whole affair.

  #44  
Old 03-09-2016, 08:00 PM
silverstaff silverstaff is offline
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Today's update in this saga.

I got another call from the attorney.

Apparently this deal needs sign-off from people throughout the state government. She didn't know just how much sign-off was needed, because this is a pretty unusual set of events.

So, the Director has signed off on it.

Then it went to the Senior Counsel for that entire branch of state gov, and he signed off on it.

Now it's gone to the state government's HR branch's legal division for approval, and when *that* comes in, they say it'll be ready for me to sign.

From the sound of it, this has to be approved by a number of lawyers in different offices, on top of the Director. I guess this sort of thing doesn't come up very often.

In any case, I've got a 3-day National Guard drill this weekend, starting on Friday morning, so I'll probably go and sign the agreement early next week.

  #45  
Old 03-10-2016, 04:31 PM
silverstaff silverstaff is offline
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Quote:
Quoth Sandman View Post
I have a feeling someone may be fired after everything is said and done...
I am wondering about that. Now, my former boss is off his probationary period, and is protected rather strongly, so it would take a LOT of paperwork to fire him, and hearings ect.

. . .and I'm wondering if the evidence in this case and this entire mess is being processed now by the Director and lawyers as the start of such a paper trail to terminate or demote him.

It would account for the explosive reaction he had to the news of the settlement too, if he was told at the same time that due to the settlement and its costs to the agency and the violations of the law he caused that they are trying to fix, that they are going to start the paperwork to demote or terminate him.

It would be long paperwork, and very involved paperwork and take 6 months to a year to do it. . .but they could start it, and the Director of the agency sending the file on my issue to the senior counsel for that entire branch of the government would be a way to start the process.

  #46  
Old 03-16-2016, 04:09 PM
silverstaff silverstaff is offline
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It's a week later, still waiting on the call from the attorney to go sign the final deal.

I'm hoping they didn't run into any snags at the last level of approval, or that the budget cuts our state government is facing are making the settlement harder to approve.

If I don't hear anything by this afternoon I'm seriously thinking about calling the attorney to check on what's happening.

  #47  
Old 03-16-2016, 07:57 PM
silverstaff silverstaff is offline
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Quote:
Quoth Kiwi View Post
Definitely call, squeaky wheel gets the grease
Just called. Got her desk, call went to voice mail and left a message. Guess she's out of the office, which would at least explain why I hadn't heard anything.

  #48  
Old 03-16-2016, 08:07 PM
silverstaff silverstaff is offline
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. . .and just got a callback. Attorney at the State Gov's HR office has agreed to all the terms of the agreement, no problems, there is just a procedural disagreement between the lawyers on how to word one single clause, relating to asking the Personnel Board to drop the pending action so it doesn't go on the record. They are arguing over if that can that even be in the agreement that I agree to drop the complaint, or can it instead just be that both parties recommend to drop it, basically figuring out how to best word the part of the settlement that tries to keep it all off the books.

You'd think that it would be a pretty boilerplate thing, but from the sounds of it, they don't have settlements like this very often. They usually settle before there's a recommended judgement (so it didn't get this far), so my situation is slightly unusual in that regard.

The positive takeaway is that everyone has agreed to all the basic terms: Nobody in any of the offices that has reviewed it has objected to me getting my job back, back pay, seniority, ect. Now they are just bickering over how to word one clause relating to keeping this whole mess from going on the record (which is a very lawyer thing to do I guess).

  #49  
Old 03-30-2016, 03:26 PM
silverstaff silverstaff is offline
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Here's an update. . .about no update.

Three weeks ago today was the last time I heard from the attorney for the state, when she called me to say it needed just one last sign-off and would be ready to sign in a couple of days.

Two weeks ago today I called the attorney to check on what was going on and was told there was a dispute internally, over one single clause in the agreement, and that there was some shakeup in state government right now, but everything was on track.

That was 2 weeks ago.

The issue should be coming before the board for a final ruling again rather soon, since all we did was put it for a final ruling until the April board meeting to give us time to settle and drop the complaint.

If I don't hear something soon, then the board will convene and rule in my favor, and there won't be a settlement, and we'll see if they try to appeal it.

My wife wonders if they now want it to go on the record. . .so they can use the fact that it's on public record that my boss broke the law in ordering my termination to justify terminating or demoting him.

In any case, I'm rather nervous because I haven't heard any updates in a couple of weeks and am considering calling the attorney again, either later today or sometime tomorrow.

  #50  
Old 03-31-2016, 05:51 PM
silverstaff silverstaff is offline
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Well, I called the attorney again, and I got an update.

The attorneys for the various offices and departments finally all agreed on the wording, they have a settlement agreement that every lawyer on their side agrees with.

They set up an appointment to take it to the Director to have him sign the document.

The Governor fired him the day before he was supposed to sign the papers.

We have a new Governor in our state. He's firing senior officials left and right, and he's replacing them with new ones. . .at his leisure. This is leaving gaps in various agencies and offices. He's not firing them pending the new appointee taking office, he's firing them effective immediately.

The person above the Director, over that entire division of state government and sitting on the Governor's cabinet, was just replaced too, but that person does have the legal authority to sign the document. So, the attorney is trying to set up an appointment with the new cabinet official to have them sign it in the absence of a Director. She said she hopes to have it ready to sign sometime no earlier than next Tuesday.

. . .if it wasn't for the retroactive pay clause that ensures I get retroactively paid for all this, I'd be a lot more pissed. I'm just making sure they aren't trying to back out.
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