What to Do if You Are About to Be Fired from Your Job

Los Angeles employment attorneys

Almost Fired?

First, you should consult Los Angeles employment attorneys Law Offices of David R. Denis, P.C. to protect your legal interests. You will want to have our attorneys review your employment situation to determine whether you have a possible legal claim for discrimination based on your race, age, disability, or sex, or for retaliatory conduct because you reported improper work conditions or took medical leave. However, as soon as possible if you are unable to contact one of our employment attorneys and feel you are being discriminated then you should:

Complaint

First, and most importantly, prepare a letter (e.g., an internal complaint) that explains the unlawful conduct to either the employer’s president or, in some cases, to the Director of Human Resources. The purpose of the letter is to give the employer the opportunity to correct the unlawful employment practice.

The letter should sufficiently places the employer on notice as to the unlawful employment practices against you, and that it does not contain any irrelevant or potentially harmful statements but should explain and say “discrimination” and/or the type of “harassment” you are experiencing. In revising the letter, review any employer documents, policies, or employee handbooks to ensure that you comply with any employer complaint procedures. Finally, review the complaint letter to ensure that it is completely accurate and that you understand it.

Evidence

Keep detailed notes regarding the unlawful conduct and how it affects your emotional well-being, as well as your ability to complete assigned job duties. Gather up all e-mails, write ups and documents that you feel show what has been going on with you at work. You need witnesses. Carefully select individuals to tell what is happening so that there will be witnesses who were contemporaneously told by you about the discrimination/harassment. While reality demonstrates that many plaintiffs are simply too embarrassed/humiliated/scared to contemporaneously tell others about the harassment/discrimination to which they are being subjected, defendants and their counsel (and some judges and jurors) tend not to believe a plaintiff who has not contemporaneously informed others about the unlawful conduct. Hence, it may be important to create witnesses by telling people who would make good witnesses what is going on.

A last note, be a good employee pending the resolution of your complaint. This means, among other things, that you should timely report to work each day, perform all of your job duties in an excellent manner, politely and professionally communicate with the employer and all of its representatives and otherwise fully comply with all of the employer’s policies. This also means understand that the workplace may well become significantly more hostile than it was prior to the submission of your letter, and that acting the part of the “perfect” employee will take substantial efforts.

If the stress is very bad and affecting you, go see a mental health professional. As with witnesses, reality demonstrates that many employees do not seek care from mental health professionals regarding the harassment/discrimination to which they are being subjected. This is probably because of expense and/or the perceived stigma that is still associated with seeing someone for mental issues. Defendants and their counsel (and some judges and jurors) tend to believe that a plaintiff who has not sought help from a mental health care professional has not actually suffered any emotional distress. Typically, the best way to accomplish this is to have the employee see his or her physician and inform the doctor about the unlawful discrimination/harassment and the symptoms that it is causing. Most doctors will then refer the employee to a mental health care professional.

Fired?

First, you should consult Los Angeles employment attorneys Law Offices of David R. Denis, P.C. to protect your legal interests. You will want to have our attorneys review the fine print of any severance deal your employer offers to determine whether you have a possible legal claim for discrimination based on your race, age, disability, or sex, or for retaliatory conduct because you reported improper work conditions.

Final Paychecks

Fired employees are entitled to receive their final paychecks from their former employers in a timely fashion. Los Angeles employment attorneys know that in some states like California, this means that employees are entitled to receive all of their wages, including vacation time, at the time of job termination.

Be Careful of Severance Payments

Severance payments differ from final paychecks because employees are not legally entitled to severance pay without a prior, express written agreement with their employer. Additionally, some employee handbooks and other employment law precedents established the right for employees to receive severance pay. Our Los Angeles employment attorneys know that employers may offer severance pay to laid off or fired employees who were not terminated due to misconduct, but there are caveats to accepting severance pay that are becoming more and more common. Some of the additional conditions for acceptance of severance pay that are attached as riders include:

  • Confidentiality, or non-disclosure agreements signed by employees;
  • Non-disparagement agreements signed by fired employees;
  • Non-compete agreements signed by employees; and
  • Documents signed by employees where they waive their rights to sue the former employer under almost any local, state, and federal laws.

Were you or your loved one fired or laid off by your employer? If so, you should speak with an employment law attorney who has experience in job termination situations and cases to ensure that your rights are protected. Call the Los Angeles employment attorneys at the Law Offices of David R. Denis, P.C. at 1-888-355-2948 today to schedule your free initial consultation. For your convenience, the Extreme Justice® team accepts your phone calls 24 hours a day, so call them at any time. They will work with you to obtain your own Extreme Justice® against the employers or entities who fired or laid off you or your loved one.

Law Offices of David R. Denis, P.C.
Extreme Justice®
707 Wilshire Blvd., Suite 4300
Los Angeles, CA 90017
1-888-355-2948
1-888-EJ-LAW4U