Getting fired from your job can come as a huge shock and will mostly feel unfair. It is worth noting that employers can sometimes have good reasons for the termination, but the procedure followed during the termination can be wrong or unfair.
There are a few steps you can take if your employer fires you unfairly, and we will cover them in this piece.
1. File a Wrongful Termination Claim
If you are certain that you were fired unfairly, you should file a wrongful termination claim. When dealing with wrongful termination disputes, it is essential to involve a lawyer as they know where and how to file the claim.
For example, if you are alleging that there was a breach of contract, you will need to file the claim in a civil court, and this can be done at the state or federal level. An experienced attorney will also be able to serve a notice to your employer in time and through the proper channels.
2. Gather Proof to Show that Your Termination Was Unfair
Unfair terminations can come in many different forms, but they are generally classified as discriminatory or automatically unfair reasons. Here are some examples of automatically unfair reasons for termination:
• You’re pregnant or on maternity leave
• You recently acted against a health or safety hazard in the workplace
• You refused to work overtime or on Sunday
• You took part in trade union activities
• You acted as a whistleblower against your employer
On the other hand, discriminatory reasons can be based on your race, gender, ethnicity, sexual orientation, age, or religion. People who have been transferred to branches in other countries can also experience discrimination because of their nationality.
When collecting evidence for the claim, you should speak to other employees and document the promises made by the employer during the hiring process. You should also collect any documents that showed that you displayed good performance, and these include reviews, letters of recommendation, and sales figures.
3. Take a Severance Package
In some cases, your employer may offer you a severance package so that they avoid going to court. While your initial instinct might be to reject the offer, you should speak to an attorney to determine whether the package makes more sense in your situation. It is worth noting that some employment contracts may not include a severance package, so the employer will need to make an offer.
This will give you room to negotiate the terms of the package.
If you decide to take the severance package, you should ask your employer to confirm any terms of the deal in writing. Also, your employer may ask you to confirm that you resigned and were not terminated. You shouldn’t make such statements as they may disqualify you from unemployment benefits.
If you think you were fired unfairly, you should take some steps to fix the situation. One thing you can do is to contact an attorney in order to file a wrongful termination claim.
You should also collect evidence to prove that you were fired unfairly. Another option you can take is to ask for a severance package.