WHAT TO DO in the event of a termination
Losing a job can be devastating, especially if you are injured, support a family or have no other sources of income. While a termination can understandably leave us angry, embarrassed or upset, it’s important to not let our emotions get the best of us and step back from the situation to address it objectively. Aside from seeking legal representation immediately, here are four steps you can take to make sure you are on the right track to helping yourself take back control of your life:
1. DO NOT SIGN ANYTHING
An employer will often approach a newly terminated employee with a severance agreement, offering a sum of money in exchange for a release of all potential claims against the employer. It is highly recommended that you review this agreement with an attorney before signing away your rights.
2. PRESERVE DOCUMENTATION
Documentation is critical to memorializing the facts and circumstances of your potential case. Do not destroy anything and immediately compile all your employment related documents in an organized and readily accessible format (Legible PDF copies of all contracts, handbooks, emails, texts, social media, job applications, resumes, etc.) Your attorney will likely ask you for these documents anyways, so the sooner you accomplish this, the better.
3. CREATE A TIMELINE
A timeline serves as the story of your potential case and will help your attorney immensely in visualizing the big picture of what went wrong.
Your timeline should be formatted clearly and chronologically. It should begin with the job application process and end with the outcome of your termination. Your timeline should be detailed in its description of any communications and adverse employment conditions. It should include facts regarding your emotional responses to events as they unfold, your achievements, performance reviews and any disciplinary action taken against you. Do not exclude bad facts from your case, as these are facts that will require the deepest review and analysis.
4. Look for Work
The law imposes a duty on wrongfully terminated Plaintiffs to make reasonable efforts to mitigate their damages. Accordingly, you should begin your job search immediately and create a record of all your efforts to replace your lost income. Failure to mitigate one’s damages can result in a reduction of recovery, so do not delay in looking for work!