Tips to Protect Yourself from Unfair Termination from Your Employer
posted October 16, 2009 - 5:27pmNo one wants to have their job terminated, especially when it happens in a way that is unfair. If you have worked hard and abided by the rules, you don't want something meaningless to get in the way of your continued employment. If you are concerned about being unfairly terminated from your job, you can take certain steps to ensure that you are protected in the event that your employer fires you unfairly. Follow these steps to protect yourself.
Read Your Employment Contract. Although not everyone has an employment contract, you should read yours closely if you do. This contract should state what kind of employee you are and under what conditions your employment can be terminated. If your employer does not abide by this contract, you have grounds to sue for wrongful termination or demand that your employment be reinstated.
Evaluate Your Employee Handbook. Most employers have handbooks to list the rules. These rules must be followed by both employees as well as employers. Look at your employee handbook to see what the employer's guidelines are for terminating someone's employment. Make sure that the employer has abided by these rules. While you have the employee handbook open, make sure that you have followed the company's regulations as well, so that you can show that the employer had no cause for firing you.
Determine the Type of Employee You Are. Most states provide for both at-will employees where the employer is allowed to fire an at-will employee for no specific cause. Although this seems to protect the employer and allow them full control to fire anyone at whim, if your employer fires you for a reason that violates either your employment contract or public policy, then you can show that you are wrongfully terminated despite your at-will status.
Think About Whether Your Termination Violates Public Policy. Even if your contract or handbook does not show that you have been wrongfully terminated from your job, think about why you were fired. If your termination violated public policy, then you were wrongfully employed. For example, you cannot be fired because of your "race, skin color gender, national origin, age, or religion". (See Supporting links for link to Civil Rights Act of 1964 and the Equal Employment Opportunities Commission, (EEOC))Step Five: Document Everything. Whether or not you were wrongfully terminated may depend on the notes that you take. Keep record of each telephone call, every email and each conversation. Save everything and make copies. You may find that you need to prove what happened, and every little note that you take will help.
Contact the Proper Governmental Agency for Protection. If you believe yourself to be wrongfully terminated, you should call the Department of Labor or your state Employment Security Commission. They will be able to file a complaint against your employer as well as advise you of the steps you can take against them as well. You might also consider contacting an attorney who specializes in employment law so that you can either have your job reinstated or sue for wrongful termination. To find an attorney, search lawyers.com or findlaw.com
Resources:
* http://www.lawyers.com
* http://www.law.cornell.edu/uscode/42/2000e-2.html
* http://www.eeoc.gov/types/index.html

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