Wondering if I missed anything

[DPR42]

What is the name of your state?State: Massachusetts

Facts:
- Mass. is employee at will state
- Employer: govt grant supported, not for profit, research hospital
- Employee: salaried middle manager with 6.5 years at company, stellar work history (several promotions, bonus, etc.)
- Employee's private life: besides work, I write and perform stand-up comedy. To promote comedy, I have a personal web page with my writings
- Website: does contain comic writings including disparaging remarks about workplace; does NOT reference workplace specifically. Is searchable by owner's name, but is under a different name.

I'm not actually terminated (yet or possibly ever). I'm on paid, administrative leave pending an evaluation as to my "fitness" to return to work.

Without arguing the merits of my sense of humor (or naivete or stupidity), I wrote something I thought was clearly for humorous intent on my "weblog" implying that I fantasized about stabbing a co-worker. Someone saw that and reported to HR that I am threatening. HR is sending me to an occupational health psychologist to assess if I am at risk for workplace violence (there are no other factors in my past or present that would suggest violence or danger).

Here are my questions/concerns:
* I understand that they can fire me, and that their main concern is likely only the liability of NOT pursuing a report of potential violence. However, do they have an liability for essentially wrongfully accusing me of psychological issues?
* My plan is to undergo the evaluation and get my job back, if only to clear my name. IF I am found safe, and I do get my job back and return, do I have any recourse in determining the identity of the person who reported me. (I strongly suspect someone was fishing through my site for something damaging, given my site statistics (even I don't look at that many pictures of my boyfriend in one sitting). It's rather difficult to imagine returning without any idea who the reporter is, and assuming that someone is "out to get me."
* I am considering getting my job back and resigning, given my concerns as above. Will this automatically make me ineligible for unemployment?
* Any feelings at all on trying to get the employer to offer a settlement (i.e. severance pay) if I do resign? (I know that you cannot advise based on a webposting, but I am more curious than anything and would accept any input with all caveats about it being subjective opinion not actual advice.)
* What should my concerns be about getting future references (if any) and what is the best way to safeguard myself?

THANKS for any and all help.

DPR42

 

[Beth3]

I understand that they can fire me, and that their main concern is likely only the liability of NOT pursuing a report of potential violence. However, do they have an liability for essentially wrongfully accusing me of psychological issues? No. However they haven't accused you of having "psychological issues." They are erring on the side of caution and having you professionally evaluated. Surely you understand why an employer has every reason to be cautious these days if there's even a hint of a threat of violence. Consider yourself lucky because they could easily forgoe the eval and just have fired you outright.

* My plan is to undergo the evaluation and get my job back, if only to clear my name. IF I am found safe, and I do get my job back and return, do I have any recourse in determining the identity of the person who reported me. (I strongly suspect someone was fishing through my site for something damaging, given my site statistics (even I don't look at that many pictures of my boyfriend in one sitting). It's rather difficult to imagine returning without any idea who the reporter is, and assuming that someone is "out to get me."* No, you have no "recourse." You posted that information on a public website. Everyone and anyone was free to view it and report the contents to anyone they like. If you think someone is "out to get you" then maybe the psych eval is warranted (okay, that was my attempt at some humor) or you you refrain from posting statements that could be damaging to yourself.

I am considering getting my job back and resigning, given my concerns as above. Will this automatically make me ineligible for unemployment?* Yes.

Any feelings at all on trying to get the employer to offer a settlement (i.e. severance pay) if I do resign? And what inducement would the employer have to offer you a "settlement" or severance pay? They haven't wronged you or acted unlawfully in any regard.

* What should my concerns be about getting future references (if any) and what is the best way to safeguard myself? No one here can have any idea what your company's policy is on providing referencing and where this incident fits into your overall employment record with them - one dumb incident in an otherwise stellar employment record or is it the latest in a series of job performance/behavior issues? The bottom line is that your employer is free to provide any truthful and accurate information they care to if contacted for a reference.

If you really want to safeguard yourself, then you stay where you are for a while (assuming the employer doesn't fire you in the meantime) and work hard to be a model employee so that this website business becomes a distant and irrelevant memory.

 

[DPR42]

Surely you understand why an employer has every reason to be cautious these days if there's even a hint of a threat of violence. Consider yourself lucky because they could easily forgoe the eval and just have fired you outright.

I understand it intellectually, but I had wrongfully thought on an individual, case by case basis, there might be wiggle room. Two of my superiors have called me at home and said that no one actually considers me a risk, it's just protocol. But, not having access to the exact wording of the policy that results in that being the exact protocol, I can't truly comprehend all sides of the issue. Personally, I would have liked them to provide the policy when I was told. And as for the "consider yourself lucky" part, please spare me that level of subjectivity. Wouldn't I in fact be "luckier" (not the word I would choose) if I were fired from the job and was, therefore, eligible for unemployment?

No, you have no "recourse." You posted that information on a public website. Everyone and anyone was free to view it and report the contents to anyone they like. If you think someone is "out to get you" then maybe the psych eval is warranted (okay, that was my attempt at some humor) or you you refrain from posting statements that could be damaging to yourself.

OK. I don't really want to parse the logic in "damaging to yourself." It's damaging to my relationship to this one employer; it may in fact be a boon to the stand-up comedy (the reason for the site).

Yes.

Thought so, thanks.

And what inducement would the employer have to offer you a "settlement" or severance pay?

Avoidance of any negativity against them. They are a very public charitable organization.

They haven't wronged you or acted unlawfully in any regard.

True, but they ain't exactly acting swell either. I am fairly extraordinary in my knowledge and ability to do my job, and in fact many, many people seem to truly like me there. Unlawful, I know is not the same as bad karma.

No one here can have any idea what your company's policy is on providing referencing and where this incident fits into your overall employment record with them - one dumb incident in an otherwise stellar employment record or is it the latest in a series of job performance/behavior issues? The bottom line is that your employer is free to provide any truthful and accurate information they care to if contacted for a reference.

Well, I actually did say that I have a stellar record and no previous incidents, so you would have some information on where it fits. The answer is this situation would be one, anomalous incident in an otherwise excellent record. Please let me rephrase the question -- Can they tell people that I underwent a psych evaluation or if I was accused of workplace violence? I don't want to have to deal with unfounded accusations (i.e. answer "when did you stop beating your wife" kind of issues).

If you really want to safeguard yourself, then you stay where you are for a while (assuming the employer doesn't fire you in the meantime) and work hard to be a model employee so that this website business becomes a distant and irrelevant memory.

It's interesting that you have in other threads cautioned people that you cannot tell them what they should or shouldn't do in their lives or make any assumptions, but here you are. In fact, since I am an effective writer, enjoy comedy, my boyfriend lives 3000 miles away and I'm incredibly bored by my position (although was not yet ready to leave), I will take your advice with as much weight as you have taken others' lack of ability to articulate.

THANK YOU, however, for your perspective.

 

[Beth3]

Sometimes, I don't know why I waste my time. I scarcely have a clue what you're referring to in your latter references. At a minimum, you've taken me grossly out of context.

Anyway, there's as much "wiggle room" or not in your employer's policy on violence and threats in the workplace as they care to have. The ball is entirely in their court. They may well be engaging in overkill (if you'll excuse the pun) but they're free to do so if they wish. This has the potential to be a "negligent retention" issue for them.