If you think you may be wrongfully terminated then you should follow the same advice give to employers. Document your situation so that you have evidence of the wrongful terminations. This may include writing emails or sending faxes. Just make sure you have proof of your delivery of the documents. If you send an email then make sure you have a way to copy the email so that it does not "disappear" when litigation begins.
Many times the company will begin the process of termination by giving you a write-up or warning. Always write a rebuttal if you can on your write-up and document the discrimination. For example if you think your supervisor is writing you up because you spurred his or her sexual advances put that in writing. " I believe this write-up is in retaliation to my refusal to go on a date with my supervisor" would be one example. A rebuttal will also be important because when you try and get unemployment benefits you may be presumed to have agreed with the write-up if you did not present a rebuttal.
The performance Improvement Plan. (PIP)
You may be put on a performance improvement plan. This is usually a plan that is in place to show that you can't do the job to justify your termination. You should rebut the performance improvement plan and more importantly document that the PIP is unreasonable and why it will be difficult to follow the Plan. During the plan continue to document the unreasonableness of the Plan and your supervisors unreasonable expectations and by all means mention the discriminatory reason why you believe you were put on the plan in the first place.
I always advice employees to say as little as possible during the termination. Once the decision has been made there is not much you can do. If you are given a termination paper to sign I usually advice clients to not sign the document but do try and get a copy. Be professional as you can during this emotional time because if you react harshly then this will hurt your image with a Judge or Jury.
See a Lawyer as soon as you can.
The earlier you see a lawyer in the process the better information you can protect yourself and your job. Your lawyer may be able to give you good advice on how to document your claim and may even send you to the EEOC to file a claim before the termination. You can bet that your employer will "lawyer-up" early and so should you.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.