About to be fired
Are You About to Be Fired? These Are the 6 Steps You Should Take Now
If you work in California, you’re likely an at-will employee, meaning that most of the time you could be fired suddenly, regardless of how great things seem to be going. Sometimes you get a funny feeling that you’re about to be let go. If you get that sense, like maybe your boss is trying to create a paper trail to justify your termination, it’s a good idea to trust that feeling, and start collecting evidence for your own protection.
As we tell a lot of recently terminated workers, as an at-will employee you can be fired for a good reason, for a bad reason, or no reason at all. But you can’t be fired for an unlawful reason.
If you think you are about to be fired or have just recently lost your job , and you think you were fired for an unlawful reason, it’s very helpful to have documents to prove your case.
Here’s a list of six important things you should do now.
Ascertain Why You Are Being Fired
If you’re called into a room to be fired by your boss or someone from HR, you need to keep a cool head (see more on that below). You want to get as much detail as possible about what’s happening. It can be hard because you’ll probably panic a bit. That’s normal, so take a deep breath
If you want to record the conversation on your phone, let them know you’re doing it, so the conversation might be used as evidence, if it’s needed. If they won’t agree to be recorded, write down everything you’re told about why you’re being fired. Try to use the exact words as they are told to you. Does your boss think you did something illegal or against company policy? Does your employer have an issue with your performance?
Be sure to determine that you are, in fact, being fired and not laid off. In you’re fired, you won’t typically be able to collect unemployment, but with a layoff, you may be able to apply with the California Employment Development Department (EDD).
Don’t Do Anything to Escalate the Situation
You may completely disagree with the cause of your firing, especially if you’re being accused of something you did not do, or if you feel you’re being fired illegally (wrongful termination). You don’t have to believe everything the company says; your job right now is to just collect the details and stay calm.
Don’t yell, throw things, make accusations, or storm out of the meeting. This will only make your situation worse, and it could keep you from getting vital information you need or unemployment insurance later.
Discuss How and When You Will Be Paid Any Owed Wages
Unless it’s the start of a new pay period, you’re probably owed salary or hourly wages for your recent work. Ask when that money will be paid to you and how you can expect to receive it. Is the employer sending you a check? Are you getting a direct deposit like you normally would on payday? Be sure to inquire about any other money you are owed, such as for reimbursement or unused paid time off, and how you should handle outstanding expense reports if that’s pertinent.
Don’t Sign Any Severance Documents
If you’re being fired, you’re not likely to get severance pay or a severance package. However, you may be offered something like a lump sum severance payment on the spot in return for signing a severance agreement. If you’re offered severance if you resign instead of being fired—DON’T.
Sometimes, severance agreements in situations where an employee is fired mean something fishy is going on. Is it possible the company is trying to keep you quiet about something they don’t want the public to know? Are the circumstances of your firing questionable? Maybe your boss is trying to get you out of the way because they know they’ve done something wrong, and they’re trying to buy your silence on the cheap.
It’s always better to review your severance documents with an employment attorney before signing. That way, if your rights have been violated, you haven’t already committed to a contract blocking your ability to get what you’re owed by law.
Save Any Documentation You Have a Right to Possess
If you have an opportunity before you’re fired, take the time to copy or email yourself documents you are within your rights to own. This includes copies of your performance reviews, time sheets, and the like. Pay special attention to any emails or other records where you feel you’re being set up to be fired, any documents that show you complained about unpaid wages, workplace safety, or unethical or illegal conduct by your boss. You may need these later, but once you’re fired, you won’t typically have access to your computer or files.
Don’t, however, take anything that is company property or proprietary information. You can’t walk out with manufacturing formulas or special processes, client financial information, customer lists, or other things that don’t pertain to your firing and would be considered business secrets.
Consider Hiring an Employment Lawyer
Hiring an experienced employment lawyer is a smart move if you believe you are about to be fired or if you’ve just been fired. There are numerous instances where an attorney can help you, whether you shouldn’t have been fired or the terms of your job loss could possibly be negotiated.
At Employee Law Group, we’ve worked on hundreds of firing cases, and we can assist you with concerns such as:
- Wrongful termination, such as discrimination, sexual harassment, whistleblowing, or retaliation (there are many possible conditions involving wrongful termination)
- Violation of an employment contract
- Negotiating severance, unemployment insurance, resignation vs. firing, and references
In many cases where an employee has been fired, there are also issues where back pay is owed or lost benefits need to be compensated. You may even be entitled to compensation for emotional stress, pain, and suffering related to your job loss, as well as job reinstatement, attorneys’ fees, litigation costs, or punitive damages.
It can be tough to prove wrongful termination, especially in cases involving discrimination. Discrimination can include being fired for your race, age, pregnancy, sexual orientation, disability, and many other protected classes. An attorney can help you prove that the reason you were fired is because of discrimination if that is indeed the case.
Sometimes you aren’t overtly fired, but work conditions are made so impossible through discrimination that you feel you have no choice but to leave. This is known as constructive termination.
There are other complex situations involving firing that we help with at Employee Law Group, including:
- Securities fraud with publicly traded companies
- Implied contracts
- Violations of public policy
- Mass layoff of more than 50 people without sufficient notice that violates the California WARN Act
- Making complaints about wages or hours
- Retaliation for taking leave
If you worry you are about to be fired, or if you have just lost your job and wish to speak with us at Employee Law Group, it’s important not to hesitate too long. There is a statute of limitations that puts a deadline on how long you have to bring legal action. Also, you want to pursue any legal discussions or litigation while everything is still fresh in your mind and while documents or coworkers are still around to back up your case. Your employer could even go out of business before you consult an attorney, which would, unfortunately, make it hard or impossible to collect on anything you are owed.
You have nothing to lose by talking with us, as we offer a free, no-obligation initial consultation to see if you have a case. To learn more, call the Employee Law Group at 310-606-0065, or get in touch online to let us know how we can help.
