Tuesday, February 5, 2008

How to ease out after being fired

If you think you have been fired illegally from work, you may file a wrongful termination claim against your former employers. To do this, you may have to hire a lawyer who has the skills and resources to pursue your claim.

When does termination become “wrongful”?

In legal terms, wrongful termination happens when an employer fires an employee for illegal reasons, which include:

• In violation of federal and state anti-discrimination law
• As a form of sexual harassment
• In violation of oral and written employment agreements
• In violation of labor laws, including collective bargaining laws
• In retaliation for the employee’s having filed a complaint against his employer

These violations entail statutory penalties and could result in the payment of damages to you based on computed lost wages and other expenses. Some violations may also result in punitive damages against the company.

How to Improve Your Position

Recovering from the loss of a job is difficult. The following steps may help you improve your position after being fired:

• Do not think negatively or badly about your employer.
• Consult an employment lawyer for advice and representation.
• Review your employment contract and the provisions of the agreement.
• Know the reasons and causes of your termination.
• Request to view your personal file.
• Try to request and negotiate for severance package.
• Confirm agreements of your termination and severance in writing.
• Turn-over company property and follow post-employment procedures.

If you decide to negotiate for a severance package, instead of pursuing legal claims, the following advice may help and further relieve you of burden:

• Receive the news of your termination calmly.
• Take time to think about the offer from your employer.
• Confirm the employer’s terms in writing.
• Negotiate for the continued dental and medical coverage while you are receiving your severance pay.
• Try to stay on the payroll as long as long as possible.
• Ensure that the severance package is not contingent on new employment.

Legal Help

An employer is not required to give severance package to a dismissed employee unless expressed in the employment contract or the employees’ manual. However, an employee may negotiate a severance package in exchange for a promise to waive legal claims against his employer.

In this case, you will need the help of an attorney who can explain your options and which option to take. An employment lawyer who specializes in wrongful termination cases can help you fight for your right to severance pay, damages, or unemployment compensation. His skills and experience will increase your chances of compensation for your illegal termination.

Become more informed about how to react after a wrongful termination with the help of wrongful termination attorneys

No comments: