How To Handle Being Wrongfully Terminated The Right Way
Many people have faced wrongful termination at one point in their life. This is a difficult experience, and it can be hard to know how to react or what the best course of action would be. In this post, we will go over some tips for handling wrongful termination that should help you get through this tough time!
Wrongful Termination Settlement
If you are concerned that your termination may be considered wrongful, then there is a good chance that it will. This means that the decision to terminate was not lawful or moral, however, this does not mean that you were fired for an illegal reason (such as gender discrimination).
Wrongful terminations can cover many different situations. Here are some examples of what could constitute wrongful termination:
- You were terminated because of your race/gender/age.
- The company broke state law by terminating you wrongfully ("at-will employees" cannot be terminated without at least 30 days’ notice).
- Your contract states conditions under which you would have grounds for legal action if they occurred ("just cause employment laws").
Both employees and employers prefer to keep things private and avoid getting the courts involved. Think about the average payout for wrongful termination, since this can vary. If you were terminated because of your race, the payout could be around $500,000 whereas, for wrongful termination at will (no cause), it averages about $150,000.
Gather all of your documentation for proof of wrongful termination.
Some of this documentation may include:
- Receipts for specific incidents that led to your termination (such as a DUI, sexual harassment claims, etc.).
- Any evidence you have on file from the company showing they violated federal or state laws. This could be email from higher-ups explaining why they are terminating you or proof that other employees have been treated differently based on race/gender/age.
- Your contract, stating conditions under which your employer would violate terms and terminate you "wrongfully" ("just cause employment laws").
Taking these steps can help protect yourself against any unfair decisions by future employers who see the records of wrongful termination. If ever questioned about it during an interview process, ensure that all documents including receipts and information from your employer are available to back up the existence of wrongful termination.
If you have been wrongfully terminated, it can be helpful to start looking for a new job as soon as possible after being fired from this one to avoid any gaps in employment history due to an unfair firing ("at-will employees").
Be polite when speaking with the person who terminated you
They may have just been following orders from someone else higher up than them. It is possible that they do not know all of the details about your wrongful termination and might be willing to explain their reasoning behind it. A polite attitude is always a plus in the professional world.
Look into filing a wrongful termination suit with an attorney
If you have been terminated from your job and wish to file for being wrongfully fired, hiring a lawyer can help provide more protection against future employers finding out about this personal information ("at-will employees"). The process of wrongful termination lawsuits is complex, but if successful, it should lead to compensation or other settlement agreements set by the courts. Make sure that any records related to the case are available as evidence when going through this difficult time!
Be honest with yourself if you did something wrong
Being fired is upsetting, and it can be really hard to take responsibility for what you did wrong. However, this step will help you get through the situation better by making sure that your mind stays focused on learning from this experience rather than dwelling on how unfair it was that you were terminated.
- Did you show up late? Were there attendance policies in place? Was your tardiness a recurring issue, or just an accident of bad timing?
- Were company expectations unclear or not communicated effectively enough? If so, then perhaps sharing examples would make things clearer moving forward (this ensures accountability).
- If performance standards are too high for one person to meet all of them alone, consider asking directly if others might be willing to work together more regularly.
- Did you make a mistake? Then, use it as an opportunity to learn from the experience and improve in the future (for example: "I should have known better because I know that we've been going through a lot lately").
Accept responsibility for your actions, even if they were not intentional
Ideally, you should take responsibility for your actions, even if they were not intentional. This is because it shows that you are willing to learn from the situation (which employers look favorably upon).
If someone else made a mistake too, then try apologizing first ("I'm sorry about what happened"). If it was an accident or misunderstanding, then there's no need to apologize since you didn't intend any harm.
Did others make mistakes? Be sure to avoid being judgmental of them when talking with potential witnesses. It is possible that they feel bad enough without adding on self-righteousness as well!
Apologize to the person or people that you have hurt
This does not mean that they should excuse your behavior or say things like "It's okay," but this might help them see past what happened better if their emotions are running high. If there were other people involved (customers, for instance), then mentioning that would also show humility ("I was wrong to do X when Y could have been affected").
Remember, an apology shows acceptance of responsibility, which helps others understand why you were terminated and what you might do differently if given the opportunity to prove yourself again.
If necessary, apologize in writing as well (email or letter). This will help put all of your thoughts together clearly so that they can be understood. Apologizing is not only about accepting responsibility for how things went wrong - it's also an important part of moving forward with a clean slate!
Set a good example by being friendly and forgiving when someone else makes a mistake
Remember, you don't have control over what other people do, and it will only result in more stress if you try to hold onto blame or resentment. If someone else makes a mistake, then the best thing that you can do is avoid being judgmental of them when talking with potential witnesses (it's possible they feel bad enough already). Offer your full support instead!
This shows humility while also setting a good example for others by showing how to handle these situations gracefully without creating additional tension where there doesn't need to be any.
When you are wrongfully terminated, the worst thing that can happen is not being able to find a job. The best way of handling it is with an open mind and clear evidence for your termination. Gather all of your documentation for proof of wrongful termination from emails, texts messages, voice mails, or any other form of communication from employers who have fired you in the past.
Posted 1 year ago by Allen Brown
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