Post by FUSION on Nov 1, 2015 6:45:51 GMT -5
And what should employees do when they get the ax?
Even before the fateful meeting, if they have a premonition they will be fired unjustly, they should keep a journal outlining each incident in which they feel they’ve been mistreated, said Todd Gaynor, a Norfolk lawyer who mostly represents workers.
During the meeting, “if you’ve got your faculties together, take notes,” Worrell suggested. It’s OK, she said, to politely ask for clarification.
But Gaynor said: “The best thing for an employee to do is to say nothing. Whatever you say can be used against you” if you sue the firm. “Just listen to what the employer has to say and accept it as their decision, and let it digest. You’re not going to change their mind.”
Your life may have been upended, but try to keep your cool and your class. Shake the boss’s hand, Gaynor said: “Keep it as amicable as possible. Be the better person.”
A Norfolk woman who was fired (and rehired) four times before happily retiring and who asked not to be identified also counseled the high road: “Forgive the messenger. Tell them you understand it is not their fault. Finish your time with dignity and appreciation. Your reputation will continue long after you’re gone.”
Beyond the meeting, Gaynor said, know that you will probably qualify for unemployment benefits, unless you’ve engaged in “willful misconduct,” such as stealing or sleeping on the job.
If you’re contemplating a discrimination suit, the first step is to file a complaint with the U.S. Equal Employment Opportunity Commission. The deadline is 180 to 300 days from the day of the firing, Gaynor said.
Be forewarned: In Virginia, “the courts are very deferential to employers. All ties go to the employer.”
Even before the fateful meeting, if they have a premonition they will be fired unjustly, they should keep a journal outlining each incident in which they feel they’ve been mistreated, said Todd Gaynor, a Norfolk lawyer who mostly represents workers.
During the meeting, “if you’ve got your faculties together, take notes,” Worrell suggested. It’s OK, she said, to politely ask for clarification.
But Gaynor said: “The best thing for an employee to do is to say nothing. Whatever you say can be used against you” if you sue the firm. “Just listen to what the employer has to say and accept it as their decision, and let it digest. You’re not going to change their mind.”
Your life may have been upended, but try to keep your cool and your class. Shake the boss’s hand, Gaynor said: “Keep it as amicable as possible. Be the better person.”
A Norfolk woman who was fired (and rehired) four times before happily retiring and who asked not to be identified also counseled the high road: “Forgive the messenger. Tell them you understand it is not their fault. Finish your time with dignity and appreciation. Your reputation will continue long after you’re gone.”
Beyond the meeting, Gaynor said, know that you will probably qualify for unemployment benefits, unless you’ve engaged in “willful misconduct,” such as stealing or sleeping on the job.
If you’re contemplating a discrimination suit, the first step is to file a complaint with the U.S. Equal Employment Opportunity Commission. The deadline is 180 to 300 days from the day of the firing, Gaynor said.
Be forewarned: In Virginia, “the courts are very deferential to employers. All ties go to the employer.”