Do I have a case for a grievance?

[DyeAlex]

What is the name of your state (only U.S. law)? Georgia
My position at a local hospital was eliminated. I received a severance package as compensation for 22 years. To receive this money I had to sign an agreement. Basically this agreement states I would not speak badly of my former employer. I have found out that the manager of the department I worked for is stating I was fired instead of "laid off" or "let go." And also that I had a "bad attitude" along with other negative statements, non of which have been documented or even mentioned in any yearly employee evaluations. Not only did he tell a former coworker this but he has also told another local printing company. That alone could have had a negative impact on me finding another job. Luckily I was fortunate to locate another job almost immediately so the statements had no impact. But if I am not allowed to say bad or negative things about my former employer can he say bad or negative things about me?

 

[swalsh411]

"Bad attitude" is not defamation per se. It could be his honestly held opinion that you did have a bad attitude.

"Fired" vs. "laid off" vs "let go" is subjective.

At this point you have no damages since you have another job.

Do you really want to be sued?

Put it in perspective. You had 2 decades of stable employment, got a severance package, and found a new job. That's better than most workers in this economy.

 

[cbg]

"Could have" doesn't give you diddly squat. You can't take legal action of any kind for what might have happened, only for what did.

"Laid off" means that there was a reasonable chance that you could have been recalled to work. "Let go" does not have any specific connotation and could just as easily mean fired as anything else. I supposed he could have said that you were "RIF'd" but the fact remains that "laid off", "let go" and "RIF'd" are all subsets of "fired". So he IS telling the truth, even if not the truth you want to hear.

If his opinion is that you had a bad attitude, he is entitled to say that.

None of this affected your ability to find another job. So, what was the problem again?

 

[quincy]

What is the name of your state (only U.S. law)? Georgia
. . . . To receive this money I had to sign an agreement. Basically this agreement states I would not speak badly of my former employer. . . . . But if I am not allowed to say bad or negative things about my former employer can he say bad or negative things about me?

Actually, you are allowed to say bad and negative things about your former employer (although you must be careful not to defame any one or any entity in the process). No signed agreement can take that right away from you.

And this is not to say that saying bad and negative things about your former employer is a smart thing to do. It often isn't.

 

[DyeAlex]

Sound advice and thanks!

Yep, have another job and thankfully these negative comments didn't damage my chances at finding one. My "attitude" has always and always will be do whatever it takes to get the job done. I did my job to the best of my ability and if he thinks my "attitude" was bad because I would not kiss his butt then so be it. I will happily tell anyone what I think of his skills as a manager since this is also my "opinion" which I am entitled to.
Now I will QMB and go on with my life. He will certainly get what he deserves in the end!
Me, I have a new job and the ability to ASK for a raise instead of waiting for an organization to decide whether or not I deserve one!!!!

 

[tranquility]

While such an agreement can't take a"right" away from a person, failing to live up to the terms can be a breach of contract.

 

[quincy]

While such an agreement can't take a"right" away from a person, failing to live up to the terms can be a breach of contract.

True. But there is a growing number of cases now that demonstrate clearly that a provision in a contract that prohibits an employee from talking about his employer on social media sites or elsewhere will not be upheld (minus disclosures that reveal trade secrets and the like).