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Protect your ability to file a wrongful termination claim

Employees who lose their jobs as a result of wrongful termination need to take specific steps to protect their right to file a claim. Failure to take the following steps could potentially interfere with the strength of a wrongful termination case and/or the ability of an employee to pursue such a lawsuit, so it's important to review them carefully:

  • Avoid following your negative instincts. Stay calm and try not to react in the face of mistreatment on the job.
  • Learn about your legal rights as an employee in terms of what your employer can and cannot due when it comes to terminating your employment.
  • Read the provisions of your employment contract carefully to determine if any were violated.
  • Ask your boss for a clear description -- in writing if possible -- of why you were fired.
  • Determine whose decision it was to terminate you.
  • Ask to look at your personnel file and make a copy if possible.
  • Keep any written or printed evidence of promises that your employer made to you.
  • Ask for and negotiate a favorable severance package.
  • Get a copy of severance agreements and other employment termination agreements in writing.
  • Do not let anyone intimidate you into resigning.
  • Give back all company property and adhere to all post-employment procedures.

If you followed the above steps after a wrongful termination, you may have a better chance of navigating the situation successfully in the event that you have a viable claim for financial compensation. When workers fully understand their employee rights, they will be empowered to protect them in court when necessary.

Source: Findlaw, "Wrongful Termination Claims," accessed March 02, 2018

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