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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118175
Experience:  20+ Years of Employment Law Experience
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Little information first. Worked city years (Nevada), never

Customer Question

Little information first. Worked for a city for 8 years (Nevada), never been in trouble, outstanding reports on me, bosses say my section is running outstanding. Retired military honorably. My section deals with cleaning and I was promoted from coordinator to supervisor under union. Then they made me the manger and took me out of union. Started there in 2008 and worked my way up. My policy has always been an open door and all my workers have agreed they like to joke around at the morning meetings. I explained if no one had a problem with them talking about jokes movies dating I did not care. I thought if everyone agrees to this then cannot be harassment. Then one of my female supervisors and two of her employees went to HR and stated I said an inapprioate sexual statement. HR is all women and next thing you know I am on admin leave with pay. They took over a month to finally call me in and say they were terminating me. I answered their questions and most were lies from the female supervisor. She even said she was scared of me and I stalked her daughter. All this is a lie and I told the HR department I would take a lie detector test to prove. Plus were are their witnesses beside the three women employees. They said I could not talk to any of my employees and warned them. In the night shift numerous of them called me and said I was set up and could not believe what my female employee supervisor was saying about me. Plus the employees said HR did not want to hear anything good about me. If they talked good about me they were dismissed. Several of the other female employees said they twisted their words. I contacted a lawyer since I have been an outstanding employee and never took time off and had over 1100 hours of vacation and 700 hours of sick time. The city said they were taking all my vacation time and only as a severance pay me my sick time. They said take this our we will fire you and pay you nothing. The separation agreement said I cannot file anything against them or employees plus refrain from statements. I explained to my attorney what about all my outstanding service and work and showed him my last feedback. He said he knew the HR director and the next thing I know he said take the deal they have a strong case against you. I talked with the HR director and she explained if I had not got a lawyer this would never had gone this far. All I know is the supervisor and two other employees had the union represent then and they are all still there. The city said they use the civil service rules which seem to be totally unfair as I was not allowed to ask any questions. My lawyer knew I was upset, suffered from disability military, depression, anxiety, PTSD, etc. He still said sign the agreement or get nothing. Under distress I signed the separation agreement. Now been three weeks and several of the city employees said I was set up and they heard the female employees laughing about this. I asked my lawyer why we did not file an EEOC revise discrimination. During questioning HR did not believe anything I said, matter of fact they said you are a big guy scary no one would come to talk to you. This is not true. There are 5 other females who said I was nice and would never do what they said. I am 56 years old and now without a job. My pride is hurt and cannot understand how unfair this process was. The city tries to say they follow the rules and I have proof I told my lawyer were they break rules all the time. Bids for friends, jobs for friends, selling city property illegally, etc. Very upset the female employees are now going for my ex job. My top managers did not say anything or do anything for me. I was told I do outstanding work, but they had a strong case my lawyer said. I asked him to go with me when I was questioned and he said no need. Now I have paid him $5000 and he sent one letter and had me sign the agreement. He explained to my wife and I it would cost 50-60 thousand dollars and would probably loses. Please advise can I push the agreement? It said no going against the city or employees. I am very upset with the female supervisor who set me up as she lied about me during the questioning. I feel like to city broke their own agreement by briefing all my ex-employees to be on the look out for me and call the police immediately. They even posted pictures of me through the city saying call police immediately.Plus they sent two cops out of their jurisdiction to my house undercover. Just last week they brief all my ex-employees again. of course my ex-employees called me and say this is so wrong know I would not do anything. I have never been in trouble with the law. I went ahead and called the police department and explained what has been going on and they said they have no record of me or anything against me. The watch commander informed me this was HR pushing me.
Need help--Everything I explained is true. Money is tight prior to me hiring another lawyer.
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'm sorry to hear about legal troubles. I will do my very best to answer your legal questions. However, you've written quite a bit about the situation, and I really just see the one question about pushing the agreement. Is that all the legal information you're seeking?

Thanks.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have signed this agreement already and had legal representation when signing it, then you are going to be bound by that agreement. If you have not yet signed, you can refuse to sign it if you believe you want to spend the money to fight this, but before you do you need to make sure your attorney agrees to do so or you find another attorney to agree to represent you. You can sue the employer for improper termination and failure to do a proper investigation as well, since as a government employee you do have property rights in your employment. It is a duty of the employer to conduct a proper investigation and if they conduct a negligent investigation that is grounds to sue them for that.
People have become so overly sensitive today and make these complaints simply when they do not like someone. Thus, if you believe the evidence will show you did not do this, you need to do whatever you can do to prove your innocence and sue your employer for the negligent investigation and denial of your due process rights in not giving you a fair and impartial investigation and hearing.