They are going to fire me.

We often get calls from employees who suspect that they are about to get fired.  These employees often think that a lawyer’s immediate intervention will save their job; most of the time these about to be fired employees (ATBFE) are wrong.

But, speaking with a lawyer can still help the ATBFE protect their rights.  Here’s how:

Complain to Human Resources or Management in Writing

Proving that you complained to the company about the problem or discrimination can often be very difficult.  An email sent from your personal email can be a good choice.  Keep copies of all doctor’s notes.

Make sure you have copies

If you are fired it is important to have copies of important document: Employment Policy and Handbook; your Job Description;  any communications between you and Human Resources;  communications between you and your supervisor; and any other relevant documents.

Paper copies are the surest approach.  Storing the documents at home or in your car will make sure that you have what you need should management fire you and walk you out of the building.

However, you must NOT take secret company information like customer list or other potential trade secrets.

DON’T tape conversations

Even if you are sure that taping will “prove” that you are right, DON’T do it.  Generally in California it is illegal to tape conversations.  We recommend that you send a confirming email after any important conversation to the speaker outlining what you believe they said. 

Keep a Log

In the moment, you may believe that you will never forget, but you will.  The exact details are easiest to capture right after they occur.  Limit your log to employment problems and avoid mixing in personal things.

Contacts

If a co-worker has witnessed something about your case, make sure you have their contact information: name, address, and phone number.  Do it now, it will be much harder if you are no longer at the company.

Social Media

When things get tough at the job, you don’t need co-workers spying on your Facebook page.  Defriend them.  Having work friends is probably a bad idea for all of us when it comes to social media.  You also should take a good look at the photos of you which are posted.  Some of the most embarrassing things show up in lawsuits.

Look for a New Job

Update you resume.  Get reference letters, if possible from appropriate co-workers.  Circulate your resume.  Finding a new job makes losing the old one less disruptive.

Performance Improvement Plans (PIPs), Bad Reviews and Exit Interview

Companies will often use these tools to later justify the termination.  It is important that you get your side of the story included. Include your comments on their write up.  Do NOT refuse to sign the write up.  It is okay to ask for 24 hours to review the document before signing it.  Get a copy with your comments included.

Severance Agreements

Do NOT sign them unless you are sure that you have no lawsuit.  These agreements generally give away any rights that you may have against the company.  The company cannot require that you sign any agreement to get your final paycheck. 

Conclusion

The time to get legal advice is while you are still employed.  There are many things that can be done which will improve or destroy your case.  We will discuss your situation at no cost to you to help you determine whether you need to take action to protect your rights.

The image in this article was provided courtesy of winnond/ FreeDigitalPhotos.net