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  • Background question for laterals

    Deleted post-
    Last edited by [email protected]; 05-11-2022, 04:27 PM.

  • #2
    Originally posted by [email protected] View Post
    So I’ve been a cop for 10 years in CA. Recently had a kid and I have a spouse who has a normal job who makes substantially more than me. The cop schedule wasn’t working out for child care and even if we got a full time babysitter, it would still be a burden on my wife and I because our child has a medical issue which is very time consuming.

    Also, under an IA at work alleging negligence during an investigation (didn’t search a hotel room for drugs which another cop found in the room 8 hours later). After several months with no updates, my lawyer got the scoop. The compliant was filed by an LT who I don’t get along with. A few more months went by, of which I burning through some FMLA time and working the occasional shift. I was told I can’t work OT and was moved out of my normal assignment by the LT, both of which are against policy.

    Eventually, I got fed up with and contacted HR. I presented evidence of the LT having some animosity against me due to past public arguments and even some emails which bring his credibility into question.

    The city approached me to make a deal.. they close the IA without findings, they pay me a cash settlement, and I sign a waiver saying I won’t sue them.

    Do you think the settlement will look bad when I go to find another job?? I can’t keep working at this department? It’s small and I’ll be under this same LT for most of the next 20 years. I’m thinking of taking the money and resigning to help with my kid for a year before getting back into law enforcement.
    That's a tough situation. You can't stay there, because your LT will keep randomly flinging poop, and sooner or later something will stick. If you sue them or accept a settlement, nobody else is gonna want to hire you. But the cat's already out of the bag, so no matter what you do, your issue is gonna come up during your background investigation.

    What about you becoming Mr. Mom, and let your sugar-mama support you?


    • #3
      Originally posted by Aidokea View Post

      That's a tough situation. You can't stay there, because your LT will keep randomly flinging poop, and sooner or later something will stick. If you sue them or accept a settlement, nobody else is gonna want to hire you. But the cat's already out of the bag, so no matter what you do, your issue is gonna come up during your background investigation.

      What about you becoming Mr. Mom, and let your sugar-mama support you?
      I am not sure if it makes it better or worse but they approached me with the settlement... I never mentioned suing them or anything. I did complain about the LT. I’m assuming they either didn’t want to investigate my complaint or thought they had some liability in the matter. But I don’t want to burn myself for future jobs.

      Also, I can’t do Mr. Mom, this infant was wayyy harder than any criminal I’ve dealt with
      Last edited by [email protected]; 01-09-2022, 02:49 PM. Reason: Incomplete


      • #4
        Do not post the answer, but how much is the settlement? Is it worth taking? Do you have it in writing? If the IA complaint goes against you what is the likely outcome? Do not post the answers.

        One option is simply resign without accepting the settlement. This is not without issues. Resignation with the pending IA case is a likely potential problem, but may be mitigated with adequate documentation.

        Another option is take the settlement if it is large and start a new career.

        Do you have a union? What about speaking with a lawyer. How long has the IA case been open? Are they intentionally not resolving the IA case? Is there a policy about resolving IA cases? Can you make a counter offer on the settlement?

        I do not advocate any course of action, merely making suggestions of things to consider. Other agencies may view resignation under these circumstances as not great, but proper documentation may mitigate the issue. There are other agencies that know not all employers are conscientious about following the law.

        An attorney may be worth the effort, if only to review the agreement before you sign.

        It seems to me the PD is messing with you for using FMLA. HR knows that is an issue and is afraid of being sued. The bosses are sitting on the IA complaint probably to mess with you.

        It looks like you have spoken to an attorney. Again, do not post the answer but what did he say?


        • #5
          You've got 10 years on the job, are you vested with your retirement plan, so that you're eligible for a retirement pension? Not as a total solution, but as one component of a solution?

          Could you take the settlement, plus your 10 years on the job, and start a security business or something?

          I feel for you- I had a d!€khead lieutenant fling stuff at me for 10 years, in retaliation for me embarrassing him by throwing him out of my house for being rude to my wife at a party that he wasn't even invited to. He caused me a lot of grief over the years, but I am very mentally tough, so I was able to tolerate it, and he wasn't very smart, so in the end, none of the poo he flung at me stuck.

          He got some help from someone smarter than him and managed to get one to stick temporarily, costing me two days off with pay. But it created such a scheduling problem, that I had to work two extra shifts at my overtime rate (three days of pay). And I got the two days pay back when I grieved it with my union, so in the end, my two days off earned me five days of pay.

          The only complaint I ever made against him, was when he did something that could have gotten me killed. I could tolerate his harassment, but if he had done that to a junior officer, a female officer, a smaller officer, and/or or a less-skilled officer, their odds of survival would have been significantly less than mine. So I wanted it on record, even if the department wasn't going to actually take any corrective action, as a deterrent to him pulling something like that again later, on somebody else.


          • #6
            You do realize that you don’t start collecting retirement until you hit retirement age.


            • #7
              Talk to your attorney. If you take the settlement, you're gonna want to know what details you can disclose to your next employer.

              Barring any other red flags I don't see why you wouldn't get hired elsewhere. Would recommend going to a much larger agency a few cities or counties away, if practical. We all know everyone knows someone and people will talk.

              My department has hired officers from other agencies who left on bad terms and they are still good cops. The right people always know who the good beat partners are, who's getting screwed by management and who is a problem child.


              • #8
                The new POST standards are going to come into play: an agency that knowingly hires a problem employee.

                Quitting with an open IA? That just verified the complaint and IA.


                • #9
                  Yes, POST requires documenting how an officer leaves.


                  • #10
                    I would challenge anyone in this situation to ask themselves: Did they honestly screw up and are you a bad cop, or is someone else’s ego tanking your career? The answer to that question is the answer to the next: are you going to let that person ruin your future?

                    I’ve seen both situations many times over and followed the outcomes of the cops involved. Seen some fired, arrested, resign in lieu, and under every type of circumstance including favorable. The trend I notice is, it seems to come down to where you apply and if you're a good cop, which can often be indicated in the interview process.

                    If you apply at the neighboring agency, they will know every detail about you and likely adhere to the reputation set before you by the previous agency. A few counties over, they may not even bother to check. A state over, they may not even ask. Then there’s the few who will fly to wherever you were to learn every detail, which is how it should be done.

                    Last I checked, the only option for an outside agency to see any IA files in California, they have to go to the agency themselves and read it. Some will, some won’t, they won’t tell each other. This leads many people to not even mention their past. The behavior of these individuals, good or bad, typically follows them. I won’t blame a good cop for being hush about it when you consider what’s at stake, but my opinion doesn’t matter.

                    All of that said, agencies these days seem to care more about whether or not you’re hire-able and whether or not they need cops. Do not let this LT rob you of everything you’ve worked for. Apply to places you want and wait for someone to say yes, because someone will.

                    Lastly, it is the FINDINGS of the IA that truly matters. Not the accusations and not the time of the officer’s resignation.


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