What To Do When You Are Fired
Most of us are "employees at will". Essentially, "at will" means that we are free to give notice to our employer or simply quit our job at anytime for any reason. The "at will" relationship is reciprocal by nature. Therefore, an employer has the right to fire an employee for any reason or for no reason at all. Because of the reciprocity, attorneys have successfully argued that the employee and employer are on an equal playing field. Being terminated or laid off with little or no notice always feels wrong to us, particularly because the financial impact of being unemployed is generally more economically significant to us than compared to the employer. Feeling wrong, however, does not equate to being legally wrong.
That being said, however, the law does set standards for when we cannot be denied employment or have our employment terminated or be subjected to certain harassing and hostile environments. For example, one cannot be fired because age (over forty), sex, race, religion, marital status, or national origin. One cannot be fired because of pregnancy or have physical and/or mental disabilities. One cannot be fired because for having complained to the appropriate personnel about illegal activity or harassing behavior.
If you have been fired, you need to ask yourself: was I fired because I was thought to be too old, black, white, pregnant, or because I complained about a manager or co-worker's behavior?
Acts of workplace discrimination are emotional and often devastating. However, the details of the conduct will fade over time. Therefore, one should write down all of the reasons, including specific comments or conversations, which constitute a basis for complaining. The employee should also try to stay with the employer if continued employment provides no further threat to physical safety or mental well being. In pursuing a civil lawsuit against the employer, the employer’s case is strong where they were never made aware of the unlawful conduct of its employees. The employer should be given an opportunity to correct the problem. In the event that the employee leaves, any employee handbooks outlining the company’s policies and procedures should be retained.
At a minimum, you should contact an attorney to determine whether you have a case against which any claims may be made. Many claims, such as workplace discrimination, must be filed within six months of the incident and the loss of your job. You should also keep notes of what events transpired to cause you to believe you were wrongfully fired and keep notes of what efforts you have made to secure a new job.
REMEMBER, THERE IS NEVER A FEE CHARGED UNTIL YOU RECOVER THE COMPENSATION YOU DESERVE.