Tuesday, February 5, 2008

What to do after being fired

If you have been fired from your job for no apparent reason, a wrongful termination attorney might be able to help you get your claims. An attorney can help you assess the situation and decide which options to take. You can take either a severance package or a wrongful termination claim, depending on your situation.

If taking a severance package is your choice, here are a few tips before getting into the negotiations:

• Stay calm after your termination

• Think over offers from your employer

• Confirm about your employer’s terms in writing

• Insist on being terminated, not resigned

• Keep on the payroll as long as possible

• Negotiate for continued medical coverage despite receiving severance pay

• Ensure that severance package is not contingent on new employment

An employer has no obligation to give severance package to employees. However, if you are in a position to negotiate for a severance package, try asking for other benefits like:

• Health insurance benefits

• Unemployment compensation

• Outplacement services

• Reference

Here are important negotiating points in order to obtain a better severance package:

• Request for a lump sum payment of your severance, not in installments

• Avoid accepting the employer’s first offer and negotiate further.

• Try to negotiate for a four week’s severance

• If you have relocated, try to obtain relocation allowance.

• Discuss accrued overtime, sick leave and vacation pay.

• If you were fired without notice, ask for two additional week salary for the lack of notice.

• If payments are due, insist that you be paid immediately, and do not waive expected benefits.

Other benefits may also be available to you as a former employee.

You may inquire about the following benefits:

• Bonus – If you are entitled to receive a bonus at the end of the year, ask for it now. If the employer refuses to pay, insist that your termination has deprived you of the chance to receive it.

• Pension and Profit-Sharing Benefits – Be aware of all plans, funds and programs that may have been established in your behalf. Ask about the details of these benefits. Ask your lawyer about your benefit rights if you have just been fired before the vesting of a pension or stock options.

After you have negotiated for your severance package and you feel satisfied with your other options and benefits, you can now decide on whether to accept the company’s final offer or ask your lawyer to obtain additional compensation.

Legal Issues

There are legal issues involved if you have been terminated. Is your termination lawful or illegal? What are the possible causes of your termination? What are the conditions you signed before being employed? Are you still eligible to receive certain benefits? What are the options available to you now?

If you believe you have been unjustly terminated from your job, it is best to take up the matter with a lawyer. An employment lawyer who has the skills and experience in handling wrongful termination cases can improve your chances of getting the rightful claim after unjustly losing a job.

For more information about things to do in case of wrongful termination, consult with wrongful termination attorneys services

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