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How To Protect Your Legal Rights During A Lay Off

How To Protect Your Legal Rights During A Lay Off

 If you have recently been fired from your job, you may have many questions about your employer. One of the main questions is whether you can appeal if you have been wrongfully discharged. It pays to know your rights as an employee and the best steps to make to move forward with your life. Moving on with life after a job termination is not easy. You need someone to take you through the process of understanding whether the termination may be illegal or not. Your employer has a right to fire you for no reason, as long as the reason is not illegal. However, there are situation where you may file a wrongful termination if your employer lays you off. For instance, if there were written or implied promises in your employment contract, this could be good grounds to take a legal action.

 What To Do If You Have Been Laid Off

 Usually, when an employee is laid off, they are tempted to say things that make the situation worse. It’s important to figure out why you were fired and whether the reason for your firing was illegal. When in such a state, it becomes hard to come up with any practical reason. Thus, one may choose to find top employment law firm which can help figure out why you were fired and for what reasons. Even if your employer claims that the lay-off is justified since the company was in a recession mode, this may not be the end of your story to seek justice. Upon termination, your employer should provide you with forms and notices upon your request. If you have lost your job, it vital to take the below steps:

  • Request a written explanation on the reason for termination: Way before you are fired, you may have started noticing some glitches with your employer. This could have forced you to keep copies of any comments made by your supervisor or manager. You may also have copies of your salary decrease or increase or any change in your working conditions. A written explanation will help you compare with your records. You may find out crucial information that can help you if you decide to take legal action.
  • Request a service letter: Your employer should inform you why you were laid off officially. A service letter may have information that may not be pleasing or you may not even understand the content.
  • Write a letter of understanding: If you cannot grasp the reason for your termination for the written explanation, you may request a letter of understanding. In your letter, you should indicate what you believe led to your termination according to your understanding. Make sure to keep the letter clear and brief.

 Having the right documentation is essential. In case of any legal action to take, your documents should be easily accessible. If it’s proven that your termination was a violation of the law or you were laid off because of exercising certain legal rights, you stand a good chance to file a wrongful termination claim.

 Speak To An Employment Lawyer  

 In most cases, there is more to layoffs. You can be laid off in a questionable way. For instance, your employer may have decided to lay off certain employees based on their protected group such as race or religion. Even if this was done to a group, you might be in that state illegally. Your employer may have selected you deliberately because you pose a threat due to your complaints about the company’s working conditions. In such a case, having a lawyer can help you question about the layoff legally. Having an initial consultation with a lawyer who understands employment law after a lay off can significantly help you walk through that situation with ease. You may have suspected that your lay off was unfair. Handling such a case with legal advice is the best path toward success. Your lawyer will help you:

  • File an administrative complaint with the relevant local agency
  • Get the right lay off benefits from the unemployment department.
  • Get the right benefits of your unpaid wages or even or even unpaid premiums, bonuses or commissions.

 Note that your lawyer is to advise on the best possible action to take. He/she may find out that your only option is to file for unemployment. If this happens, you can take the advice and move on to look for another job or make other informed decisions for your future. If he/she evaluates your case and decides that a wrongful termination case is the best option, the lawyer will guide you to take the best strategy for the right compensation. With the right documentation, it becomes easier for your lawyer to hasten your case and help you seek justice. For any questions concerning layoffs, speak to an experienced employment lawyer.

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