City official gets big money for firingThis is LONG FIRST, let me tell you my situations....and this DEFINATELY goes in the "VENT" section. Back in Aug of '06, I was "let go" due to performance issues on the job. However, they way this municipality went about it was to "ask him to resign" as opposed to a firing. You know what that would mean, right? Forfeighting Unemployment. SO, I refused to resign....even though the Dept head offered it up to me. Even made a written statement that I would rather be fired instead. So when I said I' drather be fired, I was told by my supervisor, "This would mean giving up all your vacation and sick pay" as opposed to resigning. I was like "Is that a threat??" Anyways, I a few days later, I was called out on the carpet, asked to turn in my badge, keys, etc. and to leave and NOT to return to the premises. I later turned in a "Letter to the City Manager and HR about my mistreatment as a city employee." Anyhow, I call to find out the status of my "Vacation Severance" and turns out, I wasn't getting it!! Why?? Because I did not give 2-weeks notice!! I was like 'U m...dummies....You asked me to leave right at that MOMENT! How can I give two weeks notice?!?!? And they were like 'Sorry, that's the policy" So I got screwed out about 2 grand of money. I considered going after them with a lawyer, but an Employement Lawyer told me, though I do have a case, it would be EXTREMELY hard to prove. PLUS, there's nothing in FL law stating that they have to give me my vacation and sick leave pay . APparently, since it is a Benefit, they can't do any thing. They did say (the lawyer) that it was called "estoppel" meaning,
I thought about at least sending my former employer a letter stating this was BS and they better give me my money and threaten to sue them, OR, the other alternative.....send a letter to the Local Newspaper (you know, those write-in editorials). Anyhow....I let it go to the wayside for a time. Then I see these articles about the City Manager being let go. This is VERY interesting: Article ONE Article TWO Interesting, he gets a Sh*Tload of money for being fired, almost a "Criminal Amount" of money...and I don't get squat? Can anyone explain this to me how this is so????? I think I might consider bringing this to light once I saw these articles.
The City Manager got the gold mine, you got the shaft.
Yeah, but with this information, can I take it to litigation and get monies like the City manager did?
You might check the city charter and see if there's anything that applies. Did you have an employment contract that includes severance? Otherwise, I think you're stuck with the shaft.
You need to start holding invididuals accountable for their decisions and the consequences thereof. Generally liability is joint and several. "Policy" is not a defense to litigation or prosecution, unless said employee can establish coercion, and it looks suspicious after the fact. For example, explain that two-weeks' notice is an issue only for resignation, not firing, and that the person who is denying it will be sued under joint and several employee liability; that person is then free to, subsequently, sue the municipality for what they had to pay out. Start calling people out and set the precedent that employees WILL be held responsible for the decisions they make on behalf of their soul-less employer.
Yeah the employer attempts to "Strong-Arm" future EX-Employees into "Resignation" that very day, but say, "OH WAIT, you have to give 2 weeks notice for said resignation. More of a "Forced Resignation" actually. Hi, You have a bigger problem than your vacation pay (which you should go after)! What are they saying about how you left the city job (two week’s notice, etc)? You need to contact them or have an attorney contact them. Bill
Actually, though the law differs from state to state, in TX, an employee who is "forced to resign" may qualify for UI benefits. The likelihood is greater than if you refuse to resign and end up terminated for cause. I also had that misconception before becoming an appeals referee with the state workforce commission. It was a miserable job, but I learned how the UI system works and what the claims people consider. Few people know "the rules" when they need to and end up screwing themselves. | |
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