Monday, October 17, 2011

You Just Got Fired, Now What?


Scenario: You have just been terminated, the employer has given you reasons they claim led to your termination, and a severance document. Now what? What are your options?
1

Severance Agreements

Depending on the circumstances of your termination, you might be able to discuss the possibility of getting a severance payment from your employer. This is usually based upon a certain number of weeks of salary and/or medical benefits.
2

Unemployment Compensation

You should immediately file your application for unemployment compensation benefits. You are entitled to these benefits and have paid into them. There is no shame in receiving them. But more importantly, should you chose to bring a claim against your employer for some form of discrimination, you are required by the law to mitigate your damages, which means you must apply for these benefits.
3

Recommendations

Most employers will not agree to give a letter of recommendation. What they will do is provide a neutral reference confirming dates of service and title.
4

Contact an attorney

If you suspect that you have been terminated for reasons unrelated to your performance and which might be related to some type of discrimination, you should contact an attorney. Employment cases are very time sensitive and if you wait too long, you could be too late to file your charge and bring a claim against your employer.
5

Filing a suit.

If you and your attorney determine that you have a claim which should proceed to court, you must act fast to file your claim. You have 180 days from the adverse employment action to file your charge against your employer. In Pennsylvania, you cannot proceed to federal or state court without having filed a claim within this time period with the EEOC and the PHRC. If you miss these deadlines, it is unlikely that you will be allowed to bring your claim in court and you will be out of luck.


Please accept the content of this Blog for informational purposes and not as legal advice on your particular circumstances. If you believe that you have suffered discrimination, retaliation or wrongful termination in the work place, you must contact an attorney for advice on your specific facts.

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