Unfair termination

[Morena2012]

What is the name of your state (only U.S. law)?
VA

Employer a non-profit gave me option to resign or otherwise be terminated after 10 yrs of employment. I'm a US citizen but born overseas. I was Administrator of a house and I received a request from a tenant for a celebration on propertie's common area. Due to no policy the request was sent to my manager (Owner's office) and he denied it. The activity took place same day on the premises based on my manager aproval but I was acused of discrimination and few tenants filed a lawsuit against my employer. Due to this I was a victim of libel and slander but the owner did nothing to protect me or clear my name despite that I did not do any statements for the media as per Owner policy.

At that function one staff was assaulted by a guest; staff choose not to press charges and security cameras recorded the incident. Nobody seem to remember this incident but staff statements were received by Owner.
They asked for written account of facts from me and my supervisor and said that an investigation by a third-party will follow but nothing has been done. Almost half year later I am suspended while my manager (who aproved the event and decided for me) is still employed. I do not know what to do: resign or wait to be terminated? file a lawsuit against the organization for harasement, discrimination ? if so what are my chances to win given that I have written evidence that I did not decide on my own.

 

[cbg]

I'm still not seeing any grounds for a lawsuit. There's nothing in the law that says you can't be fired for something you didn't do. Google at-will employment.

 

[Morena2012]

What about my reputation being damaged by the newspapers which wrote untrue and defamatory articles about me based on lies?
I was still employed and my employer did nothing to protect me or even the company reputation?
Yes! it is employment at will but is it same with no rights for the employee??

 

[wrongsometimes]

Zero chance of winning a civil suit.

What would you get for agreeing to a resignation? Nothing? Then make them fire you.

You would likely be OK for UI in either case IF you have written evidence of them telling you to either resign or you'll be fired. If not, make them fire you.

Any court pleadings -- cannot sue for.

Look for a new job.

 

[cbg]

WHAT newspapers printing lies about you? You haven't mentioned them before, either here or on the other board where you posted.

It doesn't do your credibility any good when, after not getting the answer you want, you suddenly come up with additional details that you think will change the answer.

 

[wrongsometimes]

What about my reputation being damaged by the newspapers which wrote untrue and defamatory articles about me based on lies?
I was still employed and my employer did nothing to protect me or even the company reputation?
Yes! it is employment at will but is it same with no rights for the employee??

and what are your actual $$ damages these newspaper articles have caused you? if none then you have nothing to gain unless they said you were doing felonious activity

 

[Proserpina]

and what are your actual $$ damages these newspaper articles have caused you? if none then you have nothing to gain unless they said you were doing felonious activity

Close...but no cigar. Try again.

 

[commentator]

If you have been placed on leave without pay, you have been de-facto terminated. File for your unemployment benefits immediately. They're not going to decide later to call you back. You have nothing coming in in terms of income. They could keep you like this for years! Signing anything for them saying you resigned would be dumber than dirt, as you would then not be eligible for unemployment benefits, which is your only alternative to being kicked out without a job with nothing.

A non-profit still is a private employer and they can fire employees at will. You don't play along, or they need someone to blame for something, and you are gone. Legally. At will. The only thing is that if you are determined not to have been fired for a valid MISCONDUCT reason, no wrongdoing on your part, the system will approve your unemployment benefits until you can find another job.

But forget "resigning." It will not, as they might tell you, 'protect your reference" or some hooey like that. It will just get them off the hook for unemployment benefits because you'd be admitting that you chose to leave the job, not that you were made to by them, which is really the case.

 

[Hot Topic]

Things don't have to be "fair" in the business world.

 

[swalsh411]

Your employer is not a court of law. They are not required to be fair. They are not required to treat all employees the same. They are not required to consider your side of the story or even give you the opportunity to present it.

 

[Morena2012]

WHAT newspapers printing lies about you? You haven't mentioned them before, either here or on the other board where you posted.

It doesn't do your credibility any good when, after not getting the answer you want, you suddenly come up with additional details that you think will change the answer.

I understand your point of view but I believe you're rushing into conclusions. The fact that I added some info does not have anything to do with the fact that I liked or disliked your answer and it does not imply I'm guilty of anything.
I posted my question to get some opinions and not to be judged by anyone.
Maybe you agree this time

 

[Morena2012]

If you have been placed on leave without pay, you have been de-facto terminated. File for your unemployment benefits immediately. They're not going to decide later to call you back. You have nothing coming in in terms of income. They could keep you like this for years! Signing anything for them saying you resigned would be dumber than dirt, as you would then not be eligible for unemployment benefits, which is your only alternative to being kicked out without a job with nothing.

A non-profit still is a private employer and they can fire employees at will. You don't play along, or they need someone to blame for something, and you are gone. Legally. At will. The only thing is that if you are determined not to have been fired for a valid MISCONDUCT reason, no wrongdoing on your part, the system will approve your unemployment benefits until you can find another job.

But forget "resigning." It will not, as they might tell you, 'protect your reference" or some hooey like that. It will just get them off the hook for unemployment benefits because you'd be admitting that you chose to leave the job, not that you were made to by them, which is really the case.

Thank you for your post. I'm paid - for moment- and they offered a separation agreement, severance pay if I resign. Other thoughts?

 

[Antigone*]

I understand your point of view but I believe you're rushing into conclusions. The fact that I added some info does not have anything to do with the fact that I liked or disliked your answer and it does not imply I'm guilty of anything.
I posted my question to get some opinions and not to be judged by anyone.
Maybe you agree this time

Maybe not.

 

[swalsh411]

A "sign this resignation or we will fire you" is the same thing as being fired in terms of unemployment. You could accept the severance and file for benefits anyway. The unenployment office will decide if you are eligible.

 

[davidmcbeth3]

A "sign this resignation or we will fire you" is the same thing as being fired in terms of unemployment. You could accept the severance and file for benefits anyway. The unenployment office will decide if you are eligible.

walsh is 100% correct ... and if any doubt ... contact your UI office for confirmation prior to executing the severance agreement.