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rsacid · Sep 21, 2012, 06:26 PM

I had an issue with my employer, suspended for 1 week without pay, I appealed, another accusation was thrown out and I was asked to resign or I would be fired. I felt I didn't do anything wrong, why should I resign. A resignation is as bad a being fired. I was fired illegally without benefit of a hearing. Employer was told they had violated the law, I was brought back on paid leave until I was given my hearing. At my hearing The case went terrible for the person who wanted me fired. He was even less than truthful about the events. And, my employer dropped the termination. As part of the deal to bring me back there was a agreement was to make the whole file non disclosurable. So it would not affect any future jobs I might apply. I found out today it was disclosed during a background investigation. What recourse do I have.

smoothy · Sep 21, 2012, 06:51 PM

Depends on what country you are in... if you had a ironclad work contract written by a lawyer when you were hired... and exactly what the situation was.

Guessing you are in the USA... have no ironclad work contract... and the problem wasn't related to EEOC or other protected situations... then the answer would be you are up the creek without a paddle.

Resigning and being fired have different ramifications. If you resign and leave quietly they would usually give you a decent reference, but it usually disqualifies you from collecting unemployment in most cases... if they have to fire you depending on the reason... you might get unemployment they would have to pay... but you would be certain to not get a good reference...

Fr_Chuck · Sep 21, 2012, 09:44 PM

I was guesing not in the US, since they said "right to a hearing" before being fired, there is no such thing in the US, unless it is by contract or union agreement.

You may sue under the terms of the non disclose agreement, what penalty did it give for breaking it ? If it was just an agreement,and included no penalty, it had no really effect to force following it

smoothy · Sep 22, 2012, 05:17 AM

I should have said... assuming you are in the USA rather than guessing you are in the USA.

Location is everything. Or most of it anyway.

JudyKayTee · Sep 22, 2012, 04:51 PM

Originally Posted by rsacid

I had an issue with my employer, suspended for 1 week without pay, I appealed, another accusation was thrown out and I was asked to resign or I would be fired. I felt I didn't do anything wrong, why should I resign. A resignation is as bad a being fired. I was fired illegally without benefit of a hearing. Employer was told they had violated the law, I was brought back on paid leave until I was given my hearing. At my hearing The case went terrible for the person who wanted me fired. He was even less than truthful about the events. And, my employer dropped the termination. As part of the deal to bring me back there was a agreement was to make the whole file non disclosurable. So it would not affect any future jobs I might apply. I found out today it was disclosed during a background investigation. What recourse do I have.

Based on the other threads it IS the US - https://www.askmehelpdesk.com/labor-...nt-682933.html

Sounds like the job was problematical from day one.

Who ran a background check that turned up this info?

I notice this is not the first time OP has sued for loss of reputation: https://www.askmehelpdesk.com/taxes/...nt-620081.html

Have to wonder what's going on.