This is a practical list.
As you can probably deduce, we've had a job discharge in the family.
This is probably some pretty good timely advice. Unemployment claims have gone up in the last few month.
Lots of employers seem to be looking for ways to create cause to fire employees rather than lay them off... ...just so as not to have any rate increase in their unemployment premiums.
It is stressful losing your job... ...it is more stressful being denied unemployment... ...so be sure to stay calm and not say anything stupid or irrational to your employer or respond emotionally with a letter addressing personal issues and red herrings. Keep correspondences professional and well thought out.
This is one of the reasons I haven't posted anything in a while. I'll probably be kept busy for some time with this issue. Please bear with me.
This is a list of the things we've done.
I am putting it down as a guide for others so that they don't have to rewrite the book we've already written.
Please advise, comment or write your own experience. This is to help others.
Don't send the angry letter to the employer.
That is mistake number one.
You should have requested meeting with upper management at the time of discharge.
If it was given to you, you are lucky, that was your opportunity to state your case.
If it was denied, you are outta luck. They don't wanna talk to you.
You may have a chance to state your case...
...If you are lucky.
Even if you have a chance to have your say it will be delayed beyond satisfaction.
For the most part you may not have an outlet for your anger.
You have to be careful that you do not get in bigger trouble than what you are in right now, you want other people, including that judge, on your side.
Be careful what of you say and, more importantly, what you write.
It is good to have a second opinion on your emails before you hit that send button.
Apply for unemployment insurance.
You may have a right to it even if your ex-employer denies it.
Make a narrative of everything that went on. Some of these procedures last for years. Do it now while it is fresh.
Make sure you include all the evidence you can: Memos, emails, letters from clients, coworkers and supervisors, personal notes, etc.
Be careful about proprietary and confidential information, make sure you are aware of all employment agreements you signed at the time of hiring.
You don't wanna get in trouble cause of that.
At the time of discharge you should have requested a copy of your employee file (good luck with that, but it doesn't hurt to ask!)
Internet searches are OK, but not good if you do not know what you are looking for. Legal information is vague and disheartening.
Some of the terms that were useful to us were:
Unlawful discharge
EEOC Investigation
Wrongful termination, discharge
Unfair dismissal
Constructive dismissal
Make sure you know what your rights are.
The EEOC is the federal agency to contact if you feel you've been discriminated for your age, disability, equal compensation, national origin, pregnancy, race, religion and sex. Cases of sexual harassment. Cases of retaliation (this means that they went after you because you made a report or complaint, or even simply protested, of discrimination or harassment.)
It's all good for them.
Make an appointment or simply stop by. They'll take good care of you (it's free, too!)
http://www.echeat.com/essay.php?t=26331 very thorough explanation directed to employers.
http://www.ehow.com/how_2036885_prepare-eeoc-investigation.h...
http://resources.lawinfo.com/cobrand/en/Videos/EEOC-Violatio... news reports videos.
http://youth.eeoc.gov/filingfaq.html this is a very simple explanation for working youth.
http://www.eeoc.gov/employers/investigations.html
http://www.workworld.org/wwwebhelp/equal_employment_opportun...
http://answers.yahoo.com/question/index?qid=20090129073402AA... sample cases with questions.
http://www.usatoday.com/money/jobcenter/workplace/employment... How the EEOC investigates discrimination claims
If you feel you've been illegally treated, but no discrimination is involved, then talk to a labor lawyer.
There is no way around this. You need to know if you have a case.
You don't have an income, make sure you request a free consultation. Or at least work something out so that the employer pays for legal fees.
Time is of the essence. You probably have less than a year to file charges, depending on what your next step is.
You better get moving!
Visit your library. Some books that were useful to us were:
Fired, laid-off or forced out : a complete guide to severance, benefits and your rights when you're starting over
Busse, Richard C.
Laid off? Don't stress! : how to get from mad to glad
Wiemelt, Kitty.
Career comeback : 8 steps to getting back on your feet when you're fired, laid off, or your business venture has failed--and finding more job satisfaction than ever
Richardson, Bradley G.
Reserve them from a local library and check them out.
You are gonna be fully (100% capacity) stressed for at least a month (however, legal procedures can take years!)
Make sure you watch lots of intense horror movies to take your mind off work problems and help you relax.
Thursday, June 11, 2009
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