- May 4, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Recent Termination from Head of Department Position
I recently experienced a dismissal from my role as the head of department. This termination came swiftly, as they promptly cut off access to my email account. However, their attempt to remove me from all systems was unsuccessful, highlighting their lack of understanding of the full scope of my responsibilities. This confusion was evident when I received an email stating that my employment would end on Friday, May 3. In reality, my access was revoked on Friday, the 26th, and this was confirmed via phone call as the official end of my employment. I am now in a precarious situation, unsure of whether I am obligated to continue working until the end of the week.
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The AI Legalese Decoder can provide valuable insights and guidance in this complex situation. By analyzing the legal language used in your employment contract and company policies, the decoder can help you understand your rights and obligations. Additionally, it can highlight any potential violations or discrepancies in the termination process, enabling you to take appropriate action to protect your interests.
### Clarification on Employment Status
Given the ambiguity surrounding the termination date and the potential implications of a forced re-hire, I am seeking advice to navigate this situation effectively and avoid any potential legal disputes. My priority is to achieve a clean exit from the company while ensuring that my rights are respected.
### Additional Information
It is important to note that I am employed in an at-will employment state, which may impact the legal framework surrounding my termination. However, with the assistance of the AI Legalese Decoder, I hope to gain clarity and guidance on the best course of action in this challenging scenario.
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Someone else already addressed your overall contract/etc but Did they give you severance? If yes, read your severance agreement to see what it says.
Not a lawyer but I feel like when I read posts like this someone usually advises OP to let the employer know you can come back to “offload” yourself, but as a consultant! And as a consultant you set the price you’re willing to work for (usually much much more then you were making originally)
They can’t make you work, but they can make it worth your while. Figure out how much its worth TO YOU to come back temporarily and do this stuff. Make it A LOT, but not an insane amount. I’d start at double your old rate, with some sort of hourly minimum.
Unless you have a contract, and you didn’t provide a location, you probably don’t have any legal obligation to see this out.
I’m not sure what you mean by a “clean exit.”
No. If your in the US, they cant force you to come back. The key here is likely did you get confirmation of termination on 4/26, and that’ll only be relevant for unemployment.
Talk to an employment lawyer if you want the piece of mind. It’ll be worth the hour they bill you, if anything.
It’s an opportunity. Fuck the employer, but you can try to set your old team up for success.
You should negotiate. 3x current hourly rate as a consultant is standard. If i were you I’d ask for a meeting to briefly discuss their needs, then say you’ll have a proposal for them to sign off on by EoD. If they want you around for 1 month; 3x prior rate, billed at 40 hours per week guaranteed for 1 month, continuing as needed. Otherwise, good luck to them!
End of the day. They need you, which adds value to the exchange. Dont negotiate with anyone without decision making authority.
My employer just fired a huge chunk of the IT department and now shit is hitting the fan without them..wonder if we work/ed for the same people
Technically if they called you directly and said your contract was terminated then your free of it. Tell them you need a letter of termination with the date of the phone call when they terminated you. That letter releases you from the contract. At this point its he/she said your fired and with no paper trail. They like doing this without paperwork so it shows a no show and can terminate without repercussions of unemployment and other legal issues.
do you have any way to *prove* that you were cut off on the 26th? What matters here isn’t what the truth is, but what can be demonstrated to be the truth.
To follow that up, I would send out an *email* not a phone call “fishing” for written confirmation:
“Hey, I know you wanted me to stay longer, but you cut my access and told me I was terminated on the 26th of April. It would probably be easier for me to just send an email to [name another admin] the passwords and such he would need to finish out what they started rather than reinstating me for a couple of days, would that work for you guys?”
make it so that if they disagree with the facts, they don’t get what they need, and if they get what they need, they agree with the facts. In other words, to get you gone, they have to acknowledge the correct date.
Not a lawyer. But in the words of my favorite wrestling promoter, “if someone is trying to get you to do something you don’t want to do, fuck you no I will not, is a perfectly normal response” -Jim Cornett
> They recently sent an email
To where?
> The reality is Friday the 26th is when they cut off access and confirmed over the phone end of employment.
Did you get a severance or any package? Were you just told you will not be working after Friday, April 26?
> Looking for a clean exit
From what you say, your employment was terminated on Friday, April 26. You are no longer an employee.
If they want you back for another week, they can pay your consulting rate, which is usually 3x your normal hourly rate.
> Can they fire me then force re-hire me like that?
No. Plain and simple.
> Looking for advice here to avoid any litigation.
For what? You can be an employee and quit on the spot with no notice and not be sued, and they can fire you on the spot with no notice and can’t be sued.
What are you afraid of?
I wouldn’t step foot in that office again. Double check all your severance documents for any dates.
Seeing as it’s an at will state, but also, if you refuse, what are they going to do? Fire you? Lol.
Honestly, I’d respond on Monday May 6, and request for consultant pay at 4x the original pay to off board yourself.
I think $250 an hour sounds about right.
Not a lawyer, not legal advice. But if you find you are not legally obligated to come back at your previous compensation. You may be able to offer your services as a consultant at $400 per hour. But tell them that since you like the company, you’ll give them a discount at $350 per hour.
Go over to /r/sysadmin or any of the IT focused subreddits. This is a common question over there.
Couple items to remember.
As a contractor you are responsible for your own insurance. Thats insurance against ANYTHING.
Get a lawyer to write up a contract. This helps prevent needing liability insurance. See above sentence. This also prevents them from screwing you over as far as pay goes. Make them pay for said lawyer. Honestly get in writing before you go to the lawyer that they are paying for it.
I’d wait until May 3rd to say anything further to them, That way theres no question that you no longer work for them.
Congrats now they pay your 10x consulting rate
You owe them nothing as an at will employee. You can quit anytime and they can fire you anytime. I would be looking for a good bonus to help them out
I’d be so tempted to tell them I’d come back at a 200% raise for 6 hours a day.
When you say “they couldn’t kick me from all systems” — are those systems under ownership of the company and otherwise accessible by it?
Considering they may have already misstepped you will probably want to contact a labor attorney to look over your severance package and the details of when the let you go.
A quick thing that I haven’t seen addressed: you’re almost certainly not obligated to do any work if you don’t have a severance agreement, but you probably ARE obligated to give them any passwords to IT resources that you might be holding.
As others have mentioned, if they really need you they might have to entice you into contracting under terms that are very favorable to you, but if you have root passwords and access codes you can’t withhold them, that really could result in legal action.
If you have a letter that states that you last day of employment was 4/26. Then that was the last day of your employment. You can charge them hourly for anything else – but sign a contract with specific deliverables and hourly rate.
I did exactly the same with a startup I worked for. They laid off me and my team, but needed me to came for a week to two, and write everything up for posterity and potential IP purposes.
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>Can they fire me then force re-hire me like that? Looking for advice here to avoid any litigation. Looking for a clean exit.
Can they fire and re-hire you by moving your end last day? Yes, they can.
The key term, though, is “force.” No, they can’t force you to keep working there. If they gave you severance, they can reduce or not provide it if you do not work the extra week they are asking for.
Congrats you’ve been promoted to consultant 🥳
I’d go with what I think it’s worth to them for my compensation package.
Did you sign anything?
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They owe you for the days worked and that’s it.
You can offer to come back as a consultant.
Not a lawyer, not legal advice.
It’s really not worth burning bridges here, and companies can do funny things if they need your password etc.
My advice, just be polite and straightforward, but give them a little grief.
Suggested response:
“Thank you for my email, I would be more than happy to come back and wrap things up. Unfortunately, I am currently on a three week vacation and unavailable as my company access was restricted on 4/26 and I was on a call with XXXX from HR where it was confirmed my employment was terminated. I would be happy to come back in when I get back in town. Please advise how you would like to proceed.”