If you think your employer might be planning to fire you, it is important to be earnest and to handle the situation with care. What steps can you take to protect yourself legally and prepare for what might come next?
Document everything
Start writing down everything related to your job performance and any hints that you might be losing your job soon, labelling your notes: “For my attorney only.”. Maintain and remove from your office and company-owned devices emails, notes from meetings, performance reviews and any other feedback. Keeping these records can help you if you need to file a claim to hold an employer responsible for discrimination, failure to accommodate under the ADAAA, compensation or benefit violations, retaliation or violations of any employment contract.
Review your employment contract
If you have a job contract, read it closely now. Pay attention to what it says about what your employer should do if they fire you. This includes the process they should follow, any notice you should get and if you should receive severance pay. If something is not clear, you might want to talk to a lawyer who knows about employment rights to help you understand the contract.
Know your rights
Learn about your rights as a worker. This includes laws about retaliatory firing, discrimination and benefits like unemployment insurance. Laws like the Civil Rights Act and Americans with Disabilities Act protect you from unfair treatment at work. Wisconsin also has additional laws that could protect you in other ways.
Seek legal advice
If you think your employer might fire you, talking to a lawyer who specializes in employment can be helpful. An employment law attorney can give you advice specific to your situation, help you understand your rights and suggest what to do next. Having a lawyer can also make a significant difference in how you deal with your employer and negotiate with them.
Stay professional
No matter what happens, keep acting professionally at work. Keep doing your job well and do not ruin relationships. The way you handle things now can affect your reputation and job opportunities later. If you do end up leaving, it is better to leave on good terms for future references and contacts.
Decide whether to make the first move
In many cases, if an attorney contacts your employer on your behalf, the employer may be relieved and appreciative at the opportunity to a win-win resolution. Moving on with a good transition plan may be best for your career in some circumstances.
Consider negotiation
If it looks like you are going to be fired, look into any legal protections you have and think about negotiating the terms of your exit. This could include talking about severance pay, when you will leave and details about any non-compete agreements. A lawyer can help you with these talks to make sure you can protect your rights and get the best deal possible.
By taking these steps, you can better manage the situation if you suspect that your employment might be coming to an end. Remember, it is important to stay informed, prepared and proactive to navigate this challenging time.
And, it’s important to contact an employment attorney to help you navigate your job security or your job transition.