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Posted

OK so was let go today. I knew it was coming and I did not really like the company. But here is the kicker. My offer letter states no where do I need to get a USG Clearance. No Where.....  I was terminated since I did not get one in 90 days. Any member here will tell you it can take 12-18 months. 

So, I know the investigation is ongoing, but they just started it on Friday. One friend was interviewed and he gave me a good report. USMC Colonel Retired. The investigator said everything looked great except he had to talk to friends, family, spouse etc. He spoke to 1 friend. 

So what do I do? Is there a case here? I do not want to go back to this job, but I would not mind a bit of payout. 

Already lined up some consulting work in a world I much rather prefer so not worried, but fuck them. Don't piss on me and tell me it is raining.

Surly thoughts? Fire away. 

Posted (edited)

Not sure how you became aware of the position originally, but is it possible that the USG Clearance was listed as a requirement in the job posting?

Either way, giving you 90 days to complete a govt process that takes 12-18 months seems strange.

Hope you get some scratch and land on your feet.

 

Edited by orange dream
Posted
2 minutes ago, orange dream said:

Not sure how you became aware of the position originally, but is it possible that the USG Clearance was listed as a requirement in the job posting?

Either way, giving you 90 days to complete a govt process that takes 12-18 months seems strange.

Hope you get some scratch and land on your feet.

 

No. They found me. And during the on boarding I asked and they it was not required. After I signed the boss told me I had to get it in 90 days. My letter does not require. However the termination letter says that is the reason.

I know how long it takes. 

I will be fine. But pissed off. I just want to sting them a bit. They can afford it. 

  • Rage+1 3
Posted

Is it a remote job or in-office in Texas? I don't know how the employment law works for remote jobs - Is it based on where you were hired or fired or where you report or where the company is headquartered in the US? 

Posted
3 hours ago, Bevo said:

Is it a remote job or in-office in Texas? I don't know how the employment law works for remote jobs - Is it based on where you were hired or fired or where you report or where the company is headquartered in the US? 

Remote. And yeah, that is one of my questions. They said "at will" but also provided a cause. But the cause provided is wrong. 

Chuckledicks are based in Florida. Yeah, I know..... 

Posted

It would seem a company can change their employee requirements at any time. but extremely unfair if they give you less time than the process takes. 

Quote

 After I signed the boss told me I had to get it in 90 days. My letter does not require.

Since you said it was after you signed, it comes across like you knew this was a requirement before you started. If so, why start a job that you knew could likely end like this?

Posted
1 hour ago, Nice Guy Eddie said:

It would seem a company can change their employee requirements at any time. but extremely unfair if they give you less time than the process takes. 

Since you said it was after you signed, it comes across like you knew this was a requirement before you started. If so, why start a job that you knew could likely end like this?

No, it was said I did not have to get one, just a background and financial check, which I passed with no problem. 

I took the job for a few reasons. I thought I was tired of consulting and I saw what was happening to State Department and USAID, my focus area. It was a dumb move TBH. 

Clearances can take up to 18 months. They had begun the process 3 months after the 90 days. I don't think there is shit I can do, but wanted to ask. And fuck them. 

Posted (edited)

It's been a while since I've been in the trenches, let alone done any employment law, but I used to do a bit in my previous life.  So someone else can correct me.  But unless you have a contract or some sort of retaliatory discharge or discrimination angle, both FL and TX are at-will states.  So they don't need a reason to terminate your employment, and a manufactured reason is the same as no reason.  Sorry.  They suck.

 

Edit.  Of course, it doesn't cost a lot to have a lawyer write a demand letter.  It might be worth it for them to settle than to have to retain counsel on the possibility of defending a suit in Texas.  But since you said they have resources, they might just decide to dig their heels in.

Edited by dcbc
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Posted
21 minutes ago, dcbc said:

It's been a while since I've been in the trenches, let alone done any employment law, but I used to do a bit in my previous life.  So someone else can correct me.  But unless you have a contract or some sort of retaliatory discharge or discrimination angle, both FL and TX are at-will states.  So they don't need a reason to terminate your employment, and a manufactured reason is the same as no reason.  Sorry.  They suck.

 

Edit.  Of course, it doesn't cost a lot to have a lawyer write a demand letter.  It might be worth it for them to settle than to have to retain counsel on the possibility of defending a suit in Texas.  But since you said they have resources, they might just decide to dig their heels in.

 

What do you ask for in the demand letter, the CEO's wife?

Posted
14 minutes ago, Bevo said:

 

What do you ask for in the demand letter, the CEO's wife?

For starters.  And for the Hackensack Bulls to play a three-game exhibition game with the New York Yankees while you're at it, I guess.

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Posted
14 hours ago, Bevo said:

Is it a remote job or in-office in Texas? I don't know how the employment law works for remote jobs - Is it based on where you were hired or fired or where you report or where the company is headquartered in the US? 

Just a sidenote on this.  Choice (or Conflict) of law, that is, which law governs an interstate dispute, is one of the thorniest questions in law.

You can choose a governing law in a contract, but it's still subject to second-guessing according to choice of law rules.

It's so nasty, there's even a Restatement on Choice of Law all by itself.  Restatements are usually reserved for entire bodies of law, like torts, contracts, or unfair competition.

So, like most questions in law, "it depends."  But probably even a bit more than usual.

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Posted (edited)
9 minutes ago, dcbc said:

For starters.  And for the Hackensack Bulls to play a three-game exhibition game with the New York Yankees while you're at it, I guess.

It occurs to me that a fun and pretty rational demand would be the pay owing between the 12-18 months it actually takes to get a clearance and the post-hoc demand for one in 90 days.  So, like 9-15 months of pay.

Also, Inka, any employee handbook or other employment policy docs you were given or signed can form parts of the employment contract, for better or worse.

Edited by TwiceHorn
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Posted
4 minutes ago, TwiceHorn said:

You can choose a governing law in a contract

Well, if there was a contract, we'd be having a different discussion. :)

Posted (edited)
7 minutes ago, TwiceHorn said:

It occurs to me that a fun and pretty rational demand would be the pay owing between the 12-18 months it actually takes to get a clearance and the post-hoc demand for one in 90 days.  So, like 9-15 months of pay.

It just sucks that people like inkautexas get hung out to dry like this while someone like Charlie Strong (exactly like Charlie Strong; well, Charlie Strong) gets paid to coach and lose somewhere else for a couple of years.

 

/yeah, I'm still bitter

Edited by dcbc
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Posted
4 minutes ago, dcbc said:

It just sucks that people like inkautexas get hung out to dry like this while someone like Charlie Strong (exactly like Charlie Strong; well, Charlie Strong) gets paid to coach and lose somewhere else for a couple of years.

 

/yeah, I'm still bitter

Strong aside, coaching contracts are so aberrational in the world of employment contracts, it seems.  Just grotesque.

And yeah, Inka, sorry to hear, but sounds like it's for the best and you're ok with it.

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Posted
4 hours ago, dcbc said:

It's been a while since I've been in the trenches, let alone done any employment law, but I used to do a bit in my previous life.  So someone else can correct me.  But unless you have a contract or some sort of retaliatory discharge or discrimination angle, both FL and TX are at-will states.  So they don't need a reason to terminate your employment, and a manufactured reason is the same as no reason.  Sorry.  They suck.

 

Edit.  Of course, it doesn't cost a lot to have a lawyer write a demand letter.  It might be worth it for them to settle than to have to retain counsel on the possibility of defending a suit in Texas.  But since you said they have resources, they might just decide to dig their heels in.

Ya want tree fiddy? 

 

And yeah, I want to ruin their weekend and maybe get more than 1 day of severance. 

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Posted
6 hours ago, InkaUtexas said:

 

 

And yeah, I want to ruin their weekend and maybe get more than 1 day of severance. 

If you hire me as your attorney, I can get you up to three times that.  I am not an attorney.  

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Posted
3 hours ago, BottleRocket said:

If you hire me as your attorney, I can get you up to three times that.  I am not an attorney.  

Where do I send your best buy card?

Posted
12 hours ago, InkaUtexas said:

Ya want tree fiddy? 

Give us their name, we can see if they ever did an AMA on Reddit and made a South Park reference.  That's how you get paid.

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