You got the job, and you’ve worked hard to keep it and perform your responsibilities—then, out of nowhere, you’re being laid off. It’s a shocking scenario, which many people experience firsthand.
There are acceptable cases of termination for employers, such as when an employee consistently demonstrates incompetence, disrespectful behavior, or breaks laws. But a layoff can be considered a wrongful termination under these circumstances:
- If the employee was removed for reasons not specified in their contract
- If the employee was not notified of a large-scale layoff or shutdowns
- If the employee was discriminated against (due to age, gender, race, etc.) or removed in retaliation for exercising their legal rights
- If the employee is forming or joining a union
If you’ve been illegally laid off and the reasons behind it remain unclear, here are the steps you can take to maintain any legal claims you may have against your former employer.
Give yourself time.
Getting laid off without notice will make you feel all sorts of emotions. Even when you feel angry and desperate for answers, try as much as possible to stay calm. This is not to invalidate your feelings but rather to give you time to process all of it to avoid making rash decisions and formulate your next steps better.
At this point, not an email or anything can help get your job back. So, take time to collect yourself and learn about your rights.
Look back on what happened.
Before you recall the events preceding your wrongful termination, you must know that it is not your fault. You weren’t given any notice or warning about mass layoffs. The best thing you should do is recall the facts and events surrounding your dismissal.
Did you or a colleague experience discrimination, stood up against the perpetrators, and exercised your rights as an employee? Perhaps it’s because you filed a complaint with the labor department. If you were terminated for such reasons, you could consult with a wrongful termination lawyer to sue your former employer.
Review any written or verbal agreements.
Now that you have cemented your suspicion of wrongful termination, it’s time to gather any evidence you can get your hands on to present your case. Collect emails, text messages, voicemails, photos, and your contract for any agreements or disagreements made concerning your employment.
You can also reach out to eyewitnesses to authenticate your case; if they can provide written evidence or statement, even better.
Consult with a legal professional to understand your options.
You can now challenge your unfair dismissal by appealing to your employer with the help of a legal professional who will lay down your options.
An experienced attorney can tell you the best course of action for your circumstance and take care of filing a complaint with the appropriate regulatory agency if you choose to do so. Your lawyer will also determine whether or not you can pursue legal action depending on the circumstances of your dismissal.
Decide on what you would like to do.
It’s not uncommon for wrongfully terminated employees to file a lawsuit against their former employer. This can be because of the inability to settle or because one decides to file a lawsuit first.
Ultimately, you’d want to weigh the options available and check with your lawyer if you have a solid case or not. The attorney will explain the process to you: what it’s like and what you can expect. You get to decide whether or not it’s worthwhile to pursue action.
Takeaways
Being unlawfully terminated is difficult, and you might never get a satisfactory answer to why you were illegally dismissed. You can decide to take legal action against your former employer or leave it behind—do whatever you think is best for your mental health and well-being. In the meantime, use the time you have to evaluate your strengths and find a more comfortable and safe workplace.
The important thing as you go through such time is that you know your rights and the truth. Whatever you decide to do, as long as it helps you personally and professionally, move forward with that.
