What to do if you are fired?

If you have lost your job or are about to lose it, here are some guidelines you can follow to keep a potential case safe:

Do not sign anything. Your employer may offer you a severance agreement. It can include things like, “If you sign this, we will pay some money, and you will give up your right to sue.” With a lawyer and some negotiation, you may be able to get a more favorable settlement, for example, to include a positive reference, even if the total money does not change.

Don’t take anything. Do not carry confidential documents or anything that belongs to the company, especially if they are in areas you are not supposed to have access to. It’s okay to download your emails and communications in case they are evidence for your claim. To obtain confidential information, write down what and where it is. This way, your lawyer can request the delivery of evidence.

Don’t use violence. Employers could avoid liability if, after firing you, they discover something for which they would have fired you if you were still at work. Destroying company property or having a violent attitude towards employers or other workers are crimes that can be rescinded almost anywhere. This could mean that a court could determine that you cannot collect late or advance payment. Don’t let anger work against you.

See your doctor. If you are experiencing adverse health effects due to the stress of your layoff, you can see your doctor or therapist. It can only help in your case. Damages for emotional distress are part of many employment cases.

Request your benefit plan documents. If you have a benefits package, send a written request to human resources to ask for it. Your employer is likely required by federal law to provide these documents. Unfortunately, sometimes employers/managers don’t take this into account and don’t proceed the way they should. In this case, this can give you another advantage in negotiations or litigation.

Be careful who you share the information with. Think carefully before sharing potentially sensitive information with a colleague, such as “I’m suing x company or employer.” You never know if that “friend” from work will show up later to testify on behalf of his former employer.