CountryMan
New Member
Place: Local Grocery Store
In September of 2008, I resigned from my position of five years at a local grocery store chain over an alleged incident (the alternative was being fired). Upon resignation, I drafted a contract which was signed by the manager and also signed (witness) by my union rep at that time. Over the last 19 months, I have remained in good terms with all involved including former coworkers as well as the managers that "fired" me. I even got both managers to write me letters of recommendation. I have been able to "roam freely" through the back (where they keep the back-stock/inventory) and manager's office. Although, I only did this when looking for an employee to talk to to or one that I followed back as we were talking. This includes the store's manager and assistant managers. Not once did they inform me I was not allowed in the backarea. However, recently I walked into the back looking to make conversation with an employee and was instructed by another employee (that I had worked with at the time, but forwhatever reason, this person did not like me) to leave the backroom immediately. I told this person I would not because I was allowed back here (as noted by visiting the management and others previously last week in the back). She demanded I leave once again and threatened to call the cops if I did not. I once again told her I was allowed to (due do to the resignation contract she apparently had not been informed about) to which she replied she did not care and proceeded to call the police and filed a report for trespassing. While I have not yet formerly been charged, I am seeking legal advice based on my resignation contract. I was a few months away from securing a pension from them and would very much like to take this opportunity to go after it (by being reinstated). Below is a cut and copy of the exact contract signed (minus signatures, names, ect.)
I, ******* ("Employee") hereby resign from ********** ("Employer"), doing business as ********, as well as other Employer business names, effective as of September 2, 2008.
By acceptance of the resignation of Employee, I __________________________ on behalf of Employer, hereby agree to press no criminal or civil charges or take legal action(s) hereafter of any type against Employee for any alleged incidences, including, but not limited to, the alleged incident of Monday, September 1, 2008. In addition, Employer agrees as of the date of this document to do no action which could be construed by a reasonable person as slander against Employee. Employer further agrees it will instruct its current and future employees not to discuss Employee's resignation and/or to direct any inquiries regarding Employee's resignation to the store manager or assistant store manager at Employer's business known as *********, as well as other Employer business names, located in ********, Illinois.
In addition, Employer further agrees it will acknowledge any and all incentives earned according to Federal, and/or State Law, and/or set forth under a Collective Bargaining Agreement and/or by Management of Employer, doing business as ********, as well as other Employer business names, from date of hire of Employee to date of resignation of Employee. This includes, but not limited to, wages earned, vacation hours earned, birthday pay earned, and extended privileges earned between the date of hire of Employee and date of resignation of Employee.
N*****s F****s Incorporated
d/b/a T****s S*****s
___________________________________________
It is my belief that while no formal "legal actions" have taken place they are in violation of contract terms:
1. Slander: falsely accusing me of trespassing, being detained (by police) in public place (in a parking lot outside the entrance of the store) for questioning by the police. (I understand filing a false police report does not constitute as defamation, but I am claiming defamation: 1. of the events involved with the police 2. Being accused in front of the two employees I was talking to, each of which provided their witness statement to the police report).
2. Discuss resignation (breach): employee filed report based on the fact (or belief) I no longer worked there.
3. "Direct any inquiries regarding Employee's resignation..." (breach): the employee filing the complaint (whom does not have any managerial capacity...even though in this person's mind he/she does) directed his/her own inquiry to the police rather than store management. "An inquiry is any process that has the aim of augmenting knowledge, resolving doubt, or solving a problem." (Where solving the problem = to stop me/prevent me, from trespassing).
Thanks in advance.
In September of 2008, I resigned from my position of five years at a local grocery store chain over an alleged incident (the alternative was being fired). Upon resignation, I drafted a contract which was signed by the manager and also signed (witness) by my union rep at that time. Over the last 19 months, I have remained in good terms with all involved including former coworkers as well as the managers that "fired" me. I even got both managers to write me letters of recommendation. I have been able to "roam freely" through the back (where they keep the back-stock/inventory) and manager's office. Although, I only did this when looking for an employee to talk to to or one that I followed back as we were talking. This includes the store's manager and assistant managers. Not once did they inform me I was not allowed in the backarea. However, recently I walked into the back looking to make conversation with an employee and was instructed by another employee (that I had worked with at the time, but forwhatever reason, this person did not like me) to leave the backroom immediately. I told this person I would not because I was allowed back here (as noted by visiting the management and others previously last week in the back). She demanded I leave once again and threatened to call the cops if I did not. I once again told her I was allowed to (due do to the resignation contract she apparently had not been informed about) to which she replied she did not care and proceeded to call the police and filed a report for trespassing. While I have not yet formerly been charged, I am seeking legal advice based on my resignation contract. I was a few months away from securing a pension from them and would very much like to take this opportunity to go after it (by being reinstated). Below is a cut and copy of the exact contract signed (minus signatures, names, ect.)
I, ******* ("Employee") hereby resign from ********** ("Employer"), doing business as ********, as well as other Employer business names, effective as of September 2, 2008.
By acceptance of the resignation of Employee, I __________________________ on behalf of Employer, hereby agree to press no criminal or civil charges or take legal action(s) hereafter of any type against Employee for any alleged incidences, including, but not limited to, the alleged incident of Monday, September 1, 2008. In addition, Employer agrees as of the date of this document to do no action which could be construed by a reasonable person as slander against Employee. Employer further agrees it will instruct its current and future employees not to discuss Employee's resignation and/or to direct any inquiries regarding Employee's resignation to the store manager or assistant store manager at Employer's business known as *********, as well as other Employer business names, located in ********, Illinois.
In addition, Employer further agrees it will acknowledge any and all incentives earned according to Federal, and/or State Law, and/or set forth under a Collective Bargaining Agreement and/or by Management of Employer, doing business as ********, as well as other Employer business names, from date of hire of Employee to date of resignation of Employee. This includes, but not limited to, wages earned, vacation hours earned, birthday pay earned, and extended privileges earned between the date of hire of Employee and date of resignation of Employee.
N*****s F****s Incorporated
d/b/a T****s S*****s
___________________________________________
It is my belief that while no formal "legal actions" have taken place they are in violation of contract terms:
1. Slander: falsely accusing me of trespassing, being detained (by police) in public place (in a parking lot outside the entrance of the store) for questioning by the police. (I understand filing a false police report does not constitute as defamation, but I am claiming defamation: 1. of the events involved with the police 2. Being accused in front of the two employees I was talking to, each of which provided their witness statement to the police report).
2. Discuss resignation (breach): employee filed report based on the fact (or belief) I no longer worked there.
3. "Direct any inquiries regarding Employee's resignation..." (breach): the employee filing the complaint (whom does not have any managerial capacity...even though in this person's mind he/she does) directed his/her own inquiry to the police rather than store management. "An inquiry is any process that has the aim of augmenting knowledge, resolving doubt, or solving a problem." (Where solving the problem = to stop me/prevent me, from trespassing).
Thanks in advance.
