Wrongful Termination - Misguided Reading of Fed Regulations

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Latest post 06-30-2009 4:12 PM by Kristin, Community Moderator (Admin). 12 replies.
  • 06-26-2009 12:10 PM

    • Rickpal
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    • Joined on 06-26-2009
    • IL
    • Posts 5

    Wrongful Termination - Misguided Reading of Fed Regulations

    I was an appellant in an MSPB <Merit System Protection Board> Hearing for wrongful termination and as part of a settlement, altho not all evidence and testimony was heard, I decided to abide in an oral agreement to the following:

    Cannot be employed by this Federal Agency,

    Cannot enter the campus of this DOE Laboratory, even tho it hosts public events,

    Cannot file a Civil Law suit, etc., etc.

    This was done in exchange for a Clear HR Record in which "I QUIT" rather than terminated or removed.

    But I still feel that my 4th Amendment rights were violated, as well as my Right to Privacy as provide by the State of IL Constitution. What are the consequences of my settling under these term and conditions with respect to giving up my Civil rights? Can I be asked to give up these rights ... particularly with respect to not filing a Civil Law suit based on the 4th Amendment or IL Constitutional Rights?

  • 06-26-2009 12:14 PM In reply to

    Re: Wrongful Termination - Misguided Reading of Fed Regulati...

    You chose to give up those rights. That's the end of it. You don;t get a do-over necause you change your mind.

  • 06-26-2009 12:18 PM In reply to

    • Rickpal
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    • Joined on 06-26-2009
    • IL
    • Posts 5

    Re: Wrongful Termination - Misguided Reading of Regulations

    SO I CAN GIVE UP ALL CIVIL RIGHTS GIVEN TO ALL US CITIZENS JUST BY AGREEING TO IT?

  • 06-26-2009 12:26 PM In reply to

    Re: Wrongful Termination - Misguided Reading of Regulations

    Right now, this one appears to be an oral agreement.  Was it read into a transcript of the hearing or otherwise recorded in some manner?

    My guess is that unless you orally did stipulate to this one before an MSBP judge, you may have to sign something to make it official.  Discuss with your attorney.

    This one obviously is an employment related matter.  You don't give up ALL of your civil rights when you agree to something like this.  But, you will not be able to successfully sue your former employer.  The agreement does not affect your civil rights in any other job that you may have or obtain in the future.  It will not affect your civil rights in areas unrelated to your former employment, such as your right to vote. 

    But, as LynnM noted, you don't get a "do-over", if this one is, in fact, a "done deal".

  • 06-26-2009 12:33 PM In reply to

    Re: Wrongful Termination - Misguided Reading of Regulations

    Stop shouting.

    You didn't give up ALL your civil rights.

    You CHOSE to enter into a contract where you gave up something (the ability to file a lawsuit) in exchange for something else (quitting instead of being fired). Yes, you have the RIGHT to make that choice. Now you live with the decision you made.

    And I do not wish to have direct contact with anyone from this site. 

  • 06-26-2009 12:33 PM In reply to

    • Rickpal
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    • Joined on 06-26-2009
    • IL
    • Posts 5

    Re: Wrongful Termination - Misguided Reading of Regulations

    It was recorded into the record, and there will be forthcoming a written version of this but I willnot sign it.  

    SO... I can and have given up my CIVIL RIGHTS and to file a CIVIL LAW suite for invalid search and seizure with respect to the DOE?

  • 06-26-2009 1:42 PM In reply to

    Re: Wrongful Termination - Misguided Reading of Regulations

    I can't read the agreement so I cannot answer that question. I'm just saying it is possible and quite legal to agree to give up a right in return for a benefit.

  • 06-26-2009 2:30 PM In reply to

    Re: Wrongful Termination - Misguided Reading of Regulations

    It was recorded into the record, and there will be forthcoming a written version of this but I willnot sign it.   Ok.  Then your employer is not obligated to do the things they agreed to.

    I can and have given up my CIVIL RIGHTS and to file a CIVIL LAW suite for invalid search and seizure with respect to the DOE?  Invalid search and seizure?  I have no clue what you're talking about.  I doubt your employer entered your home without your authorization (that would be tresspassing and/or breaking and entering) and anything in the workplace is fair game for your employer to access.

    Whatever "rights to privacy" you referred to in your earlier post doesn't apply in the workplace either.

  • 06-26-2009 3:51 PM In reply to

    • Rickpal
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    • Joined on 06-26-2009
    • IL
    • Posts 5

    Re: Wrongful Termination - Misguided Reading of Regulations

    ON THE CONTRARY: My expectation of Privacy has been violated.

    SEE >

    http://en.wikipedia.or...

    In Ziegler, an employee had viewed at work websites of child pornography. His employer noticed the conduct, made copies of the hard drive, and gave the FBI the employee's computer. At his criminal trial, Ziegler filed a motion to suppress the evidence on the ground that the government violated the Fourth Amendment rights. The Ninth Circuit allowed the lower court to admit the evidence. After reviewing the relevant Supreme Court opinions on a reasonable expectation of privacy, the court acknowledged that Ziegler had a reasonable expectation of privacy at his office and on his computer.

    Let's keep up to date here!

    There is nothing to read since the settlement arrangement was made orally as a matter of record.  And I will just accept what was stated into the record as the settlement agreement.  But Oral Agreements can be binding.

    The Agency seized my hard drive without cause and subsequently conducted and forensic analysis and an unfettered search for misconduct.

    All I'm really concerned with here is whether I can be made to abide to an agreement which makes me forfeit CIVIL PROTECTIONS.

  • 06-26-2009 3:51 PM In reply to

    • cbg
    • Top 25 Contributor
    • Joined on 12-22-2000
    • MA
    • Posts 4,147

    Re: Wrongful Termination - Misguided Reading of Regulations

    And we all know that Wikipedia is absolutely accurate in all respects...Warning

  • 06-26-2009 3:52 PM In reply to

    • cbg
    • Top 25 Contributor
    • Joined on 12-22-2000
    • MA
    • Posts 4,147

    Re: Wrongful Termination - Misguided Reading of Regulations

    Edited because once is nice, twice is unnecessary.

  • 06-26-2009 4:10 PM In reply to

    • Rickpal
    • Not Ranked
    • Joined on 06-26-2009
    • IL
    • Posts 5

    Re: Wrongful Termination - Misguided Reading of Regulations

    Do your own research into the Ziegler case.

    Check out Lexis-Nexis or any other authoritative resource at your disposal.  But dismissing a web site and not arguing the merits of the case is pointless here.

  • 06-30-2009 4:12 PM In reply to

    Re: Wrongful Termination - Misguided Reading of Regulations

    Rickpal, Please be mindful of the Rules of the Forums.

    http://community.lawye...

    Except for a few of the moderators, the respondents on this board are not employees of LexisNexis and give their time on the boards free of charge to you and to us.

    Please, both sides be respectful.

    Thanks, Kristin

    Kristin

    Lawyers.com Community Moderator

    Join us on Twitter (Lawyerscom) & our Facebook Fan Page!

     

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