Wrongful treatment, "forced" resignation

[santaclaus]

(California)

Hello, Counsel - sorry so long, but here is my question:

My last employer had a 6 month training program as a requirement for obtaining the position I had been hired on for. During this training, I was told by my supervisor that I didn't belong there, that he had a problem with me, that I was arrogant, and that I was a terrible under-performer despite many class instructors praising my performance during the program. I can quite objectively say that I may not have been a superstar, but definitely wasn't the failure that he wanted me to think I was.

He was a supervisor with a reputation for putting his employees through high levels of un-due stress (some stress being inherent to the training program), mistreating employees, using intimidation tactics to push his agenda.

After 2 months of enduring his inappropriate treatment, I felt I had no choice to resign. I didn't feel I could tell anyone "above" him, since he was known to be so well connected with the organizations leadership - I knew I had no leverage, so I resigned voluntarily, citing financial reasons (the job required being away from home, and the pay was below average). While I did have some financial issues back home, the primary reason for my leaving was because of mistreatment by my instructor, and the belief that he directly targeted me from dismissal from the program from day one.

It wasn't until I returned home and talked to an insider at the company that I realized how much of my instructors treatment was truly unprofessional, inappropriate and not the norm (like I said, this position required some stress to be dealt with, but he targeted me directly in an excessive manner). I also learned at this time that my instructor had written a nasty memo to corporate essentially slandering me and my reputation.

----------------QUESTIONS---------------------

**Do I have a right under the Freedom of Information Act to obtain my personnel file to confirm this?

***Can I sue for my job back even though I resigned voluntarily? Do I have a strong case?

***When I appealed to corporate for my job back and described exactly what happened, I was told that because I didn't serve the minimum 3 year employment requirement I do not qualify for reinstatement.

***Does my mistreatment during the training program essentially null and void the 3 year minimum employment agreement based on my not having a fair and unbiased chance at completing the program?

This is my dream job, and I would do anything to get it back and have a fair and unbiased shot at attaining it.

Thanks in advance for your help!

 

[Zigner]

IMO, you have no case.

 

[cbg]

Based SOLELY on the information provided:

1.) No.

2.) You can sue for anything you want; however, nothing you have posted suggests that you have even a weak case, let alone a strong one

3.) This is not a question; however, if that is the company policy, then that is the company policy

4.) Only if the agreement specifically says so

If you have additional information that you believe would change the answers, feel free to post back. But these are the answers based on the information you have provided.

 

[commentator]

IMO, you have no case.

Unfortunately, you exercised the only right you had in this situation. That was your right to resign. Now you have the right to file for unemployment benefits until you can find another job. But even this is a slim chance.

Because your resignation was a personal choice. You'd have to prove you had an excellent job related reason to quit. Your employer's harrassment and treatment of you may be considered enough to get you unemployment insurance, but it isn't going to be enough to get you some sort of settlement or re-instatement. Life isn't fair. Employment laws are very scanty. They don't cover "fairness."

This supervisor sounds like the "weeder outer" for this job. Since you didn't outlast his stress filled treatment, and make the grade, he terminated you effectively by making things bad enough to make you quit. It is not illegal.

 

[santaclaus]

Thanks for your replies, folks. I really do appreciate it, bummed it seems like I have no options.

My attorney thinks I have a right to my personnel file but someone here said I do not, so thats a bit confusing??

Also, some additional info:

-He (supervisor) told me that this was no longer a "good ol boys club" and that not everyone looked like me (caucasian) in the organization anymore, as it did in the past, in front of several co-workers

-He said he would have thrown me up against a wall if it was his era, shortly after telling me in the same conversation that I was arrogant and he did not like me

-My mentor in the agency is obviously not disclosing add'l info based on memos and other correspondence he has seen, presumably because this info is confidential and he could be on the line for helping a former employee sue his way back into the organization.

Here's another question for you since I'm obviously down in the dumps over this having read your answers - is there a chance the organization (federal agency) could objectively re-admit me if they actually took the time to pursue my accusations? Isnt it in their best interest to take the time to do this? (i.e. interview my former co-workers, other program instructors, etc.)
I don't want a settlement at all, just my job back. No money, just reinstatement. (Sorry, guys ) My former "mentor" within the organization believes I have a valid legal claim, and tells me that the organization has been known to settle out of court (or in this case reinstate) in similar situations in the past.

What would be some situations where an employee that resigns could sue for reinstatement? Its a heavily regulated federal agency so they take these accusations seriously - at least generally.


Thanks again for your replies everyone!

-Tim

 

[Zigner]

You have an attorney...speak with him. It is foolish to expect a bunch of anonymous forum posters to give you more accurate information than an attorney who is familiar with the situation.

Good day.

 

[cbg]

I didn't say you couldn't get access to your employee file. I said you could not use the FOIA to get it. CA law allows for you to see your file and have a copy of anything in your file that you have signed. But it has nothing to do with the Freedom of Information Act, which is what you asked about.

 

[santaclaus]

You have an attorney...speak with him. It is foolish to expect a bunch of anonymous forum posters to give you more accurate information than an attorney who is familiar with the situation.

Is it? Some of you could easily find yourselves in jury duty sitting in on a case like me one day - your responses give me a heads up as to how the average person with no prior knowledge of the situation might see my case.

I never turn away an honest opinion, which is why I value yours - despite its seemingly overwhelming negativity.

Still, thanks.

Also, FYI - I really didn't want it to get this far, but my former employer is a three letter agency based in VA, so this is a pretty complicated scenario. (I would also think then that VA state law might play a role here if that helps).

Thanks again,

Tim

 

[Proserpina]

Is it? Some of you could easily find yourselves in jury duty sitting in on a case like me one day - your responses give me a heads up as to how the average person with no prior knowledge of the situation might see my case.

I never turn away an honest opinion, which is why I value yours - despite its seemingly overwhelming negativity.

Still, thanks.

Also, FYI - I really didn't want it to get this far, but my former employer is a three letter agency based in VA, so this is a pretty complicated scenario. (I would also think then that VA state law might play a role here if that helps).

Thanks again,

Tim

So are you a government employee?

 

[cbg]

And you didn't think that was important enough to tell us? The rules for government employees are often different.

 

[Zigner]

The OP washed out of CIA training...now he wants to sue?

 

[santaclaus]

The OP washed out of CIA training...now he wants to sue?

I wish it was that simple, but as you can imagine, things are little different than in the Al Pacino movie.

Look - I'm just trying to get some advice here, they're not exactly a transparent organization (I'm not confirming said agency), and I've got people on the inside telling me to move forward with a claim - legal or internal, thats just what I'm trying to decide. Its not like I worked at KMart, had an argument with a sup and then quit and am now suing to get my job back.

There are certain laws in place to protect us out there, I'm just trying to get your input as my family attorney does not specialize in federal employment law and I am in search of one who does - any referrals you may now of? Maybe in the DC area?

I guess it also doesn't help that I can't go into all the details.

Thanks, Zigner - I do appreciate your help, insult aside.

 

[mlane58]

I wish it was that simple, but as you can imagine, things are little different than in the Al Pacino movie.

Look - I'm just trying to get some advice here, they're not exactly a transparent organization (I'm not confirming said agency), and I've got people on the inside telling me to move forward with a claim - legal or internal, thats just what I'm trying to decide. Its not like I worked at KMart, had an argument with a sup and then quit and am now suing to get my job back.

There are certain laws in place to protect us out there, I'm just trying to get your input as my family attorney does not specialize in federal employment law and I am in search of one who does - any referrals you may now of? Maybe in the DC area?

I guess it also doesn't help that I can't go into all the details.

Thanks, Zigner - I do appreciate your help, insult aside.

The bottomline here is that nothing you posted even remotely hints at the employer doing anything illegal.

 

[santaclaus]

The bottomline here is that nothing you posted even remotely hints at the employer doing anything illegal.

Ok. Fair enough. I'll just say he grabbed my a$$ ...

Seriously though - forget my situation and help me with one final question totally unrelated to my case, then I will never bother you folks again:

An employee gets hired on by a firm. Employee begins a training program, during which time he is a full time employee: W4'd, health benefits, 401k, the whole federal employee package. But, a week into being hired is forced to sign an agreement that says if he doesn't work for a minimum of 3 years there, he'll never be eligible for re-employment there. During the initial hiring phase, he is told nothing about this agreement. Is this not a little odd?

Think about it - no problem whatsoever with such an agreement at the employers discretion, but being told and forced (i.e. sign this or you can't work at all for the company) into the agreement AFTER being hired? I get that such an agreement exists, but even the military tells you up front how long you're in for.

What say you, Ziggy? I'll take my answer off the air...

I'll take my answer off the air...

 

[Zigner]

Ok. Fair enough. I'll just say he grabbed my a$$ ...

Seriously though - forget my situation and help me with one final question totally unrelated to my case, then I will never bother you folks again:

An employee gets hired on by a firm. Employee begins a training program, during which time he is a full time employee: W4'd, health benefits, 401k, the whole federal employee package. But, a week into being hired is forced to sign an agreement that says if he doesn't work for a minimum of 3 years there, he'll never be eligible for re-employment there. During the initial hiring phase, he is told nothing about this agreement. Is this not a little odd?

Think about it - no problem whatsoever with such an agreement at the employers discretion, but being told and forced (i.e. sign this or you can't work at all for the company) into the agreement AFTER being hired? I get that such an agreement exists, but even the military tells you up front how long you're in for.

What say you, Ziggy? I'll take my answer off the air...

I'll take my answer off the air...

Again, nothing illegal. Really, you are grasping at straws...and they're even smaller and weaker than the average grasped straw.