Don’t Sign the Papers! – Tips on What to Do the Moment You are Fired
Getting fired is traumatic. Even if we suspect it is coming, very few people are actually prepared for the moment they are called into the boss’ office and terminated. Everything happens so quickly. Someone from Human Resources might be there. They usually get right to the point and tell you that today will be your last day. You feel a rush of adrenaline, and your thoughts immediately begin to race. How will I tell my family and friends? How long will I be able to pay the bills? Do I have to pack my stuff and take the “walk of shame” in front of my coworkers?
We all react differently to bad news. Some of us cry. Some of us get angry. You will likely be a bit dazed. Dishonest employers may try to take advantage of this. You may be asked to sign paperwork. You may not be given the opportunity to ask questions or seek clarification. Without realizing it, you may end up waiving your right to sue your employer for wrongful termination.
As challenging as that moment will be, here are a few things to try to remember to protect your rights:
1. Don’t Sign the Papers!
This is the most important thing to remember. It is very common to have paperwork shoved in front of you to sign when you are being fired. Your first instinct may be to sign them so that you can get the meeting over with. Resist this impulse. Instead, tell the person (or people) on the other side of the table that you are not in the right state of mind to sign papers, and that you need time to review them. Ask for the documents so that you can take them home to read. Your employer may push back, but do not give in on this. Under California Labor Code Section 206.5(a) and other laws, they cannot require you to sign papers in exchange for getting wages they already owe you.
2. Make Sure You Take Notes.
Be sure to take as many notes as you can. If your employer did not provide you with a pen and paper to start the meeting, ask for them. Write down who is in the meeting, including anyone who may be attending by phone. Note anything that sticks out in your mind. Who is doing most of the talking? Is anyone making facial expressions or using body language (smirking, frowning, not making eye contact, looking nervous, etc.)? Does anyone make any strange or inappropriate comments (ex. “You should have known you would not last long at this company,” or “we just think it would be best for someone like you to find a job where you fit in better”). The more notes you take, the better. Remember that these notes may become evidence down the road, so don’t write anything you would not want the jury to see. For example, see below regarding not using profanities.
3. Ask Why You are Being Terminated.
Under California’s at-will employment structure, your employer is not required to tell you why you are being fired. However, that does not mean you cannot ask. Many employers will give a generic reason for your termination – something like “your position is being eliminated,” or “we just don’t think you are a good fit,” or “we are moving the company in a different direction.” If you are not given a reason why you are being fired, or you are given one of these vague responses, politely ask for more details. “Why am I being terminated?” “Is someone else taking my position?” “Why do you not believe I am a good fit?” “What direction is the company going in and why am I not being included?”
4. Avoid Using Profanities and Do Not Become Hostile.
Remember that everything you do after you are wrongfully terminated could be put in front of a jury. The last thing you want to do is have the jury question your credibility, or make it seem like your employer had a good reason to fire you. Do not use profanities. Do not become aggressive, hostile, or condescending. Do not throw papers. Do not storm out of the room or slam doors when you leave. You want the jury to see that even in one of your darkest hours you were responsible and professional.
5. If You Think Your Employer Did Something Illegal to You, Call a Lawyer Immediately.
California’s employment laws are among the most complex in the nation. Employees who suffer unlawful conduct could have a number of claims including, but not limited to, those involving discrimination, harassment, retaliation, breach of contract, invasion of privacy, interference with leaves of absence, defamation, assault, fraud, violations of wage and hour laws, and more. To protect your rights, and to make sure you do not wait too long under different statutes of limitation, you should contact a lawyer immediately to discuss what happened to you.
-Steven
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