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Fired for Cause only if I insist

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H

hitech

Guest
I am a programmer in MA and after spending 1/2 days on Thursday and Friday, I come into work on Monday only to be let go. The email I received the next day follows and here is some background. I was told to report to John Doe who is the only other programmer. John Doe assigned me a development computer that also ran a company production job. John Doe supervised my EVERY action and helped to get past certain hurdles. John Doe was in over the weekend and claims something I did caused a program to run incorrectly. My computers error log showed no such error. There is a lot more. I have been in this business for close to 20 years using the latest technology at dozens of companies and something like this has never happened.

I have a contract that states I must be paid for one month if terminated without cause and nothing with cause. Comments would be greatly appreciated.


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John Doe and I just spent a great deal of time going over what happened in detail.

As you know, you inadvertently did cause us harm via your actions with a loss to The Company in terms of time and money repairing the damages resulting from your actions. I think this is because of insufficient caution in entering into an new work environment, not knowing the culture, not knowing the intricacies of our technology, and not having the innate instincts to take it slow and with utmost care and caution.

I think you are a very bright and competent person, and have a lot of initiative, creativity and energy, which I very much value. However, I am also convinced there is an issue of judgment at hand which I think is a matter of style and constitution, and which I feel is too much of a business risk for us going forward, even if this were just an unfortunate mishap of events. This is not meant as a criticism, as I am very much like you. But that is why I could never work in the fragile, no-fault tolerance, nascent, high-risk, very complex start up environment which we have. I think a better fit for you would be in some other environment that capitalizes on your wonderful talents and your nature.

As you know, your contract calls for one month’s notice without cause, and immediately with cause. Legally I would have to let you go with cause if you insisted, but I am happy to have this officially be without cause if you prefer, and to give you a glowing recommendation to others, saying that we found that the fit was not right for our situation, but extolling your virtues. Obviously I would prefer not to rupture our relationship, as there may be specific projects in the future that would be perfect for you under different circumstances.

Please let me know your preference, and I am very sorry for us both that this has happened and that this must be our outcome.

The President of the Company
 


A

Attorney_Replogle

Guest
I am not sure what to advise you here. The President of the Company himself leaves the issue confused. Is he offering to PAY you per the contract if you choose to call your departure a termination without cause???
 
H

hitech

Guest
I interpreted the meaning of "insist" as "insist on getting the 1 months pay." His recommondation is based on whether or not I insist on getting that 1 months pay. I also feel that he believes that a negative reference would hurt me in looking for a job.

BTW - Thank you for the response. I contacted a lawyer that was referenced via links from this site. We are going to meet this morning.
 

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