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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 42834
Experience:  30 years in Employment law
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Today after 21 years of service as the Life Enrichment Dir.

Customer Question

Hello, Today after 21 years of service as the Life Enrichment Dir. for a non for profit retirement community I was offered to either resign with a $5,000 confidentially contract or be terminated. Adm. and the Executive Dir told me that they needed a stronger leader in the role due to the current staffing crisis, the Dept. is down 2 Ft and 3 Pt due to employees leaving for better paying jobs, etc. I was given the opportunity to tell my supervisor who is the Administrator concerns regarding staffing that my needs were better schedules, more FT and decreasing the PT positions and a higher starting wage. She agreed that the current staffing is a nightmare to manage..and she would like to see it be 75% FT and 25% PT/ No other Dept.s run this way. I was given a task 2 months ago to recreate the staffing schedule to see what a more balanced schedule looked like and would help the Dept .run more efficently. I worked on this with the other Asst. Dir. of the Dept. we turned it in and waited 2 weeks to hear back from the Adm. She said it wasn't in the current budget to create this and that the schedule and wages stay the same...good luck in filling in these spots. It has taken months to fill these spots and more people are leaving for better jobs. I again alerted Adm to ask for help a better starting wage of $10 and perhaps an increase across the board for the remainder of staff...there was a rumor that staff might walk out or not show up because they were upset. I brought it again to my boss and the Exe. Dir. I immediately told my boss that I reached out the as many staff to ask if this was true, we had a big meeting in which I reviewed it with my Boss. The staffs concerns were manly about wages, earned time off and vacation time, and scheduling. We did address some training concerns and communication areas that I was going to be working on. My boss told me that we can look at raising the starting wage next year, but the current wages and schedules will remain the same. I then asked if we could at least give the staff a free lunch once a week and buy a coffee machine and have coffees available free of charge..that this might help morale, she agreed to that and the staff was very appreciated. Yesterday we had a staff meeting with Adm,. and Exe. Dir to review the Workplace Dymanics results that scored how employees felt about working there...our scores came back lower which gave the ADm reason for concern. The Exe. Dir told us that she heard the staff and things will get better and her and I will make this our top priority to make things better after we get thru our State inspection which is coming soon. Today as they told me why I had an option to resign, they said they needed a better leader as the head in the Dept. to move forward with the staffing crisis and that they've noticed me struggling with this and not able to rise above this. They are giving me till tomorrow to either take the severance package and resign or I will be terminated. I've only experienced in my 21 years a nuturing work environment, I had a good yearly review in Jan. Never been written up in 21 years. All good reviews with areas to improve in and salary increases/bonus'. If I wasn't doing a good job or they saw me struggling I was never given the chance for a plan of correction which is standard to take the employee aside to either write them up or create a plan of corrrection for what is not going right. Today I was told I was a good employee, brought a lot to the company did a lot of good work and that this was one of the hardest decisions the Exe. Dir had to make. I was not offered any other open FT position in my Dept or any other Dept that were hiring. A few years back the Social Service Dir went on a FMLA leave, came back and was offered a different position with less pay that was open. I was asked by the current Exe. Dir at the time if I had any FT openings in my Dept that she would be good for...I said yes, we had a FT opening, the pay was lower, but I agreed to bring her on board and train her. Today I wasn't even offered that opportunity that was given to someone of my ranking. I also never had the opportunity to meet with my supervisor to do a "stay conversation" meeting which all the other Dir's met with either the Exe. Dir or Adm. I was the only one not given that opportunity by my Supervisor, they were the ones to set up the appointments with whom they oversee. So tomorrow I have to decide to resign or become terminated and take my chances at unemployment. I am wondering if I have any grounds of unfair treatment with the above account and who if any should I consult? The EEOC or a private lawyer if warrented. Thank you.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ray replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  Ray replied 2 months ago.

You may want to consider taking the severance.I would ask that the agreement state in writing that they will not oppose UI benefits.This may be the best you can do and it is s sure thing.It is not alot for the years of service you gave but again along with UI benefits may be the best option.

You are allowed to file EEOC if you feel that age, race, or sex was involved and you can sue for damage on that basis if EEOC finds in your favor.But that leaves you no severance here and you would have to locate local lawyer to file suit.You have to decide if you can afford to finance that with uncertain outcome.

I am personally sorry that they did this to you.It was not fair but legally you may have toruble proving otherwise.

You decide which way to go here.

EEOC

https://www.eeoc.gov/employees/charge.cfm

I appreciate the chance to help you today.Thanks again.

I wish you the best whichever way you decide to go.

If you can positive rate 5 stars it is much appreciated.