No one wants to be fired. It’s a stressful scenario. And it only gets worse when you believe the decision is unjust.
You might be wondering what a wrongful dismissal is. If so, you’re lucky – you’ve likely never experienced it. A wrongful termination occurs when an employer fires a worker for an illegal reason. The reason might violate federal or state law, public policy, or a binding employment contract.
In the US, where most workers are hired on an “at-will” basis, this can be tricky. However, terminations still shouldn’t breach specific legal protections.
How you react in this situation matters. Of course, you will be upset, but that shouldn’t affect your actions. You should, in fact, remain professional during a wrongful dismissal dispute. But how do you manage that? This post explains three key tips to do just that.
Keep Your Emotions in Check
One of the easiest traps to fall into during a dispute is becoming overly emotional. It is tempting to take this very personally, but reacting poorly – even in the moment – could cause problems with your legal claim, financial outcome, and professional reputation.
For example, your creditability will be called into question. If you are calm, you will be a credible witness if the case goes to a formal hearing. If you are openly frustrated and angry, though, you could damage your chances of compensation.
The best way to avoid becoming overly emotional is to implement a communication buffer. Use the 24-hour rule. This means you avoid replying to communications immediately, as you’ll likely be more upset then. Similarly, utilize objective phrases like “inconsistent with policy” rather than emotional language.
Put Everything in Writing
You need to have a paper trail. Not only does this help you remember the events, but it is crucial to provide proof. Writing down everything that has happened creates permanent evidence. As such, it’ll act as your shield and sword – particularly as verbal agreements, promises, and excuses are hard to prove.
It is best to begin establishing the timeline from early on. Write down all key events from your hiring date to your termination. This should include dates, times, locations, and the names of witnesses. Any statements said to you should be recorded verbatim.
Be sure to download performance reviews, promotion letters, and written praises, too. These will provide an insight into your career performance, which might contradict your employer’s reason for terminating your contract.
Any evidence you collect should be saved offsite, on a personal device.
Get Expert Guidance
As previously mentioned, proving a wrongful termination is challenging. In some states, employers can legally fire you for arbitrary reasons – like not liking your personality. Having a legal expert on your side means they have the experience to prove the firing was actually illegal.
Oakland counsel for wrongful dismissal, for instance, will review the evidence you collected as well as your employment contract. They’ll understand the deadlines for filing a formal charge with the EEOC, too. Sometimes, this is as short as 180 days from the date you were fired.
To conclude, staying professional during a wrongful dismissal dispute is vital. Not only will this ensure credibility, but it could also help you achieve the outcome you want.
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