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Have you been terminated from a company or believe that it might happen shortly? If so, you have every right to be worried. Wrongful termination can ruin your career with no fault of your own. However, things may not look bleak yet. If you think your termination was unjustified, there are ways to deal with this situation. Here are eight steps you can take once you receive a termination letter:
1. Consult with Unfair Dismissal Lawyers
There are several reasons why you may want to consult an unfair dismissal lawyer. If you were dismissed because of personal grudges or suffered ill-treatment by your employer, speak with an employment law solicitor. They will explain your rights in different circumstances. Furthermore, if your dismissal was due to discrimination based on sex, race, age or disability, you could sue your employer and file for compensation. If you feel that your employer dismissed you because of whistle-blowing activities or trade union membership, speak with an employment law solicitor about your rights.
Hence, when you are sure that your dismissal is unfair, find an employment law solicitor who lives near you or approach a firm that falls in your vicinity. For example, if you live in Australia, you may search for solicitors Ipswich or unfair dismissal lawyers in Sydney.
2. Dig Deeper and Find Out What Happened
Before hiring an attorney for a court case, find out what happened. Try to figure out who made the decisions. Get a copy of the termination letter and any letters or documents that outline your termination causes. You need to know if your termination was illegal, so it is crucial to determine if it was due to your behavior or job performance.
If misconduct was a reason for your termination, your termination might be legal since you violated the company’s rules and regulations. If you believe this is a false accusation, you need to gather evidence to prove your firing was wrong. If you can prove the company was violating its legal obligations, your firing will likely be illegal.
You may also approach your former employer. You can either deliver your message in person or write a letter to them. Keep in mind that you should be polite and respectful, even if they are not. You should give them time to respond to your claim, even if you have already submitted a complaint to the HR department.
3. Write a Letter of Demand to Your Employer
Before writing a letter of demand, make sure that you are innocent of any wrongdoing. You should prepare an affidavit or put together a detailed letter and send it to your employer to support your claim. You can even consult your solicitor in this case and ask them to write a formal, reasonable letter. If your employer is unwilling to make changes or respond to your claims, you can take your employer to court.
4. Have a one-on-one Discussion with Your Employer
Most employees have the right to a fair hearing if they feel their employer had no right to fire them. This means the employer and the employee have to sit down with an arbitrator and reach an agreement. If the termination was wrong and there is sufficient proof, you can file a case against your employer. You also have the right to receive payment for legal fees that you have incurred in your effort to get your job back.
5. Document Everything
If you have been fired wrongly or were forced to resign, make sure you take every important piece of evidence with you. Take notes about your work schedule, meetings with coworkers, and any circumstances that led to a forced resignation. Do not forget to take your work equipment (unless the company owns it), keys, and other necessary documentation.
6. Get a Severance Package
Termination does not mean you lie down and do nothing. For example, if a company has no other choice except downsizing due to fewer profits, you may get a severance package. This can include up to two years worth of salary and benefits. Severance pay is taxable, but you can write off some of your job search expenses, such as travel and entertainment. For many people, the idea of a severance package seems counterintuitive, and they don’t ask about the company’s policies.
However, whether or not your employer offers a severance package, your best course of action is to consult with an attorney and file a wrongful termination lawsuit. By accepting a severance package, though, you give up the right to sue for damages caused by your former employer’s actions.
7. Get Support From People Who Understand Your Situation
Learn everything you can about wrongful termination in general and in your specific situation. For example, you can search for online groups and message boards dedicated to wrongful termination, and reach out to people who have been in your shoes and have gotten through it. The people on these forums may know how to deal with this situation and might steer you in the right direction. You can benefit from their experience and wisdom.
8. Do not let Your Employer Intimidate You
Employers are often aggressive in the aftermath of firing an employee. They will try and make you feel like there is no reason to file a claim and that you should not push this issue further. Please do not fall for it! Never agree to any settlement that says you cannot talk about your case or tell other people—like anyone who may want to hire you. You should also never feel rushed when filing a claim. Think and decide. Do not fall victim to intimidation tactics.
Conclusion
Losing your job can be devastating. Even if you were fired, your employer must follow the necessary steps to prevent any legal action. If you think that the termination was wrongful or the employer had no valid reason to dismiss you, seek legal advice. It is best to hire an unfair dismissal lawyer to guide you till the end. Delaying the process may result in any actions on your part, making your case weaker in the future.