At what point are you fired?

[cbg]

I called in sick to the department head I went 2 mangers up the chain

I'd have left it at that but I'm relieved to hear it. That's a much better approach than:

I just called my department manager and told them "I'm not sure if I was fired or not, but will be taking off the next 3 days if I still have a job due to death threats". The department manager tried to talk, but I responded with "I'm not sure if I was fired or not, but will be taking off the next 3 days if I still have a job due to death threats".

If I were your HR I would not have wanted you calling the manager directly - I suspect the attorney will tell you the same thing. No matter how outrageous the remarks, the less contact the better, In fact, the more outrageous the comments, the more important that you not make contact.

But, as I said, what's done is done. Hopefully you'll be able to come to a resolution with HR after the holiday.

 

[Zigner]

I have to wonder...if you have no intention of returning, then why does it matter if you were fired or not?

One possible answer would be related to unemployment insurance, but I think you have pretty good evidence to show that you did not quit, if it comes to that. However, since you are running your own business already, it's quite likely that you won't qualify for unemployment (unless you are actually looking for work and will accept work when it's offered.) I don't think that refusing to return will disqualify you from UI in and of itself. You were clearly fired - you don't have to go back there, especially if it would run contrary to the no-contact order that you now have in place against your former manager.

 

[Zigner]

In fact, the more outrageous the comments, the more important that you not make contact.

More important than that would be the no-contact order the OP has against the manager. The OP shouldn't make contact with his manager until that is resolved.

 

[bobwill]

I called the department head. It's the managers managers manger. I only have a few phone numbers on my personal cell phone.

I care about the 487 hours of PTO = $17,324 before taxes. I also care about my pension of $635 a month for life, but will not start for 23 years.

 

[Zigner]

I care about the 487 hours of PTO = $17,324 before taxes.

Yes, but you said that was to be paid out.

I also care about my pension of $635 a month for life, but will not start for 23 years.

Not previously mentioned - how will that be affected if you are fired?

 

[bobwill]

Yes when I was sitting in HR's office I was told the PTO would be paid out. There policy says it will get paid if you work out your notice or you get fired. When they called me telling me I was not fired is when I started wondering what there intentions are.

I know I did not say any thing about my pension as I vested and not worried about it due to the way the policies are written on it. Gross negligence would be about the only thing that would affect my pension.

My family is currently in $12k of debt and using my PTO to pay it off would simplify the transition in me no longer working that job.

 

[cbg]

If your pension is vested then there are no circumstances whatsoever under which you can lose it. However, as I said, if HR offers you your job back and you refuse, I don't see any way that cannot transform your firing into a quit. I very much doubt you'd get your PTO in that case, and it would also make you ineligible for unemployment.

 

[bcr229]

Since your manager physically threatened you and referenced a firearm I would start the red flag process. Perhaps having to give up firearms & spend money on a criminal defense attorney will teach your manager to behave more appropriately in the future.
https://law.lis.virginia.gov/vacode/19.2-152.13/
https://law.lis.virginia.gov/vacode/title19.2/chapter9.2/section19.2-152.14/

 

[bobwill]

I would like to say thank you to all that responded.

HR is making me go back to work. HR is working on getting (finding) my name badge, RFID access card, and work cell phone to security so they can deliver to me.

HR has received my resignation notice sent by email, have responded that they received it and will be working out my notice.

I talked to the sheriff's office and was told she has received the No-contact order.

I have received a few texts messages from a coworker today. I have not replied with any thing but "lol" a few times. I was told the manager opened up and was trying to run the shift. Security was gathered around the managers SUV during there first 15-minute break. The SUV is still there, but have not seen her for over 5 hours.

 

[AlmostThere]

Non legal advice -tell the employer that you want a cooling off period before making any decisions. Then take a week to do that. Talk to a lawyer if you need to. If your employer offers an EAP, use that and talk to someone. You were threatened and need time and space to process that. You can always resign - but take advantage of whatever services are available first and breathe before making a final decision.

 

[bobwill]

The plan was to leave before the end of June. Leaving now works also for my family and me.