Terminated illegally I believe

[MomRN0913]

I am going to try to make a very long story short. I was terminated Friday because I would not sign a non-compete agreement which was very vague and given to us with no explanations and a dead-lineo f 2 days to sign and if we didn't we are fired. Oh yeah, I work at an LTACH for 6 very rocky months as a nurse manager. The place is run awfully by a non-clinical CEO who decided to do this out of no where. i knew my job wasn't safe there, and this non-compete agreement would have not let me work within 10 mi of "Company" for 2 years after termination or leaving. There are many hospitals within a 10 mi radious, inclusing the one I left and started my career at to take this job.

I made a meeting with the CEO to ask for an amendment to the agreement before I sign. He is trying to say we can't work at another LTACH, but the agreement just says "company" he took this opportunity to go off on me, tell me I was doing a crappy job, and told me if I do not sign, I am terminated. I told him I would not sign unless he amended it to say LTACH. He said, fine then you are terminated. In front of the director of HR I made him say he was terminating me for the reason of me not signing the agreement. He was very clear about that. he said as of that day I was terminated and have 2 weeks.

SO, later HR (I am friendly with her) calls and tells me he will forget everything if I sign the agreement. I say no. not unless it is ammended, and after the attack, I don't feel safe signing it, he'll just fire me for other reasons. Then way later, my ex nurse manager form my other facility who works there also calls me and says he went into the office and sais he would not sign the agreement unless he changed it to LTACH. The CEO then says "sure, I'll change it" WTH? he told me he wouldn't and I should just take his word for it.

he wants to give me a chance now to sign the ammended agreement. I and others feel he is saying that because after he terminated me for not signing it, he consulted his lawyers, found out what he did was illegal and trying to go back on it now.

I have been told I have a case. I believe I do. I go back, then he fires me for a totally different reason. He terminated me for not signing the agreement without the ammendment THEN went and changed the agreement to exactly what I asked, and now is trying to save his butt by giving me a chance to sign it? Hell no!

So I will be talking to a lawyer on Monday. I was just wondering, should I go into work monday, even though he said I was terminated and had 2 weeks. Me going into work is simply me going as a terminated employee , getting my last paycheck and tying up lose ends, because i care aboutt he others I work with.

ANy thoughts at all on anything I wrote would be appreciated

[Turd Ferguson]

I've never heard of anybody getting a 2-week termination notice.

Something's fishy here.

[Batman25]

Typically when terminated your employment ends immediately. There is no notice. Employees often give notice to their employer and not the other way around.

Scummy as the situation is with the non-compete that part is legal. I have signed them in the past but not as a nurse and only when I knew it wouldn't hurt my future chances at employment.

If he is now adjusting the doc for some legally I do think he would have to adjust them for all but he has already since terminated you. If you don't plan on signing and staying I wouldn't return to work. They can set you up and I would avoid that at all costs. I would talk to a lawyer and get some advice. It can't hurt any.

[roser13, ASN, RN]

I think you should go to work on Monday, simply to be in compliance with your (understood) employment contract and to avoid giving any ammunition to future attempts to get rid of you.

After Monday, your lawyer's advice would apply.

[SummerGarden, BSN, MSN, RN]

a two week notice attached to a termination? that does not sound right.... my understanding of "you're fired!" is that it is an instantaneous severing of employment with a facility giving the terminated employee a status of not eligible for re-hire. in other words, you should not have to work another second at that facility, never mind another two weeks. consult with a lawyer now to work out all of the details regarding your situation. gl!

[demylenated, BSN, RN]

Hmm, he's giving you 2 weeks notice of being fired? Weird.

However, I don't see where you'd have a case. Perhaps because it was not an initial agreement of your employment... but any company has the right to make a non compete clause... you have the right not to sign it... they have a right not to hire (and fire) you. What do you claim he did illegally?

And, does it really matter? Sounds like you weren't very happy with your job.

*IF* you are indeed going to pursue it legally though, I would NOT give him additional ammunition by not showing up for the "two" weeks that he gave you notice of, at least not until after you consult with your attorney and get his advice on the situation. If you are going to be terminated, and don't have a case, then I wouldn't bother going in.

Perhaps he gave you "two weeks" in hopes you would resign, or end up signing. But, just make sure, in these 2 weeks you dot your i's and cross your t's. Also, try and get it in writing (that he fired you and gave you 2 weeks notice), that way in 1.5 weeks, he doesn't "fire you immediately" for another reason... state you need it for unemployment or to attach to your resume since you are looking for another job.

Sorry it happened, and what you describe, I don't think there is anything illegal on his part... but, good luck.

[BrookeeLou_RN]

Are you serious? you want to work for this man??

No one gets 2 week notice when fired.. someone may give 2 weeks severance pay if they are letting you go.. but this is not any where near normal nowadays. Me..I'd go apply for unemployment as not signing non-compete letter is not like committing an error. Since he obviously has no trouble changing letter for others, will will likely Fire you again for another reason if you stay. I would seek lawyers on Mon and simply call in and sate you will not be in to work.. This should cover you if they think you will be working your two weeks! Good luck.

[Sparrowhawk]

a two week notice attached to a termination? that does not sound right.... my understanding of "you're fired!" is that it is an instantaneous severing of employment with a facility giving the terminated employee a status of not eligible for re-hire. in other words, you should not have to work another second at that facility, never mind another two weeks. consult with a lawyer now to work out all of the details regarding your situation. gl!

not every place that fires marks you uneligible for rehire.

[linearthinker, DNP, RN]

Do you live in a right to work state? Frankly, I don't know why you would even want this job. I would not go to work on Monday if someone had used the word "terminated." Being terminated or fired means now. If anything, take a "personal day" for the purpose of consulting your attorney. I don't think you are going to get anything except maybe a crappy job back under crappy circumstances. Good luck though.

[Chin up]

What he actually did, was accept your two week notice. When you refused to sign, you were saying you quit. I have seen this happen before and unfortunately if HR okay's this, there is not much you can do. It is seriously unfair, but listen carefully, he did not have a change of tune, because he spoke with his lawyer and found he was wrong in firing you. You and your coworkers believe this, because it sounds plausible, but it is not. When HR is in the room, laws are being followed. Employers ARE allowed to accept a resignation, even if it is not a written notice, said in jest, or simply implied. You may be able to collect unemployment, but unless you sign the paper and stay ( which I personally would not) or leave with a two week notice, there really is nothing else you can do. Sorry. Peace!

[caliotter3]

Two weeks notice is associated with a layoff, not a termination. Too bad you could not talk to an attorney today. I definitely would not return without discussing this with an attorney first.

[netglow, ASN, RN]

He either knew you would never sign and was using that as a way to get rid of you unscathed (he hopes).

or

He never figured you wouldn't sign (because you are a stupid nurse ) so he's ******. See, he knows you all hate him and if you all quit at once he's screwed, so, that's why Mr. Smartypants came up with the brilliant idea. He knows that he sucks, and he's scared ****-less.