Employers love it when career seekers and employees walk into the workplace like “deer in the headlights”. My research and experience shows over 90% of job applicants accept employment with little or NO knowledge of their Basic Employee Rights!
Many employers know this and count on it to maintain an unfair and illegal advantage. How much easier is it to violate an employee or job applicants rights when they are ignorant of those rights.
When employees are the victims of wrongful termination they often realize too late what should have been learned.
Do you KNOW what wrongful termination is, see my point? If you are told to resign as I once was or fired as I once was, it could be the separation was illegal. One of the biggest mistakes terminated employees make is NOT SEEKING an employee rights attorney immediately after the event!!
It is critically important for you or someone you care about to do this. Why? For two reasons,
(1) There is what’s called a “statute of limitations” or time period in which to file a complaint.
(2) The longer you wait the less you remember about the facts and events supporting the proof of your wrongful termination!
If and when you are faced with an illegal termination ALWAYS talk to an attorney skilled in employment law as quick as possible. She or he will be able to determine based on the facts you provide whether your termination was unlawful and if you can prove it. This is one BIG reason I’m such an advocate for teaching Basic Employee Rights. The more you know about your workplace rights the better prepared you will be in assisting a legal adviser to defend those rights.
Now, let’s get to some nuts and bolts of documentation you will need for your first consultation with the attorney. The following are documents your lawyer will be looking for. Always make several copies of all documentation.
- The initial job advertisement from either newspaper or internet
- The original and subsequent job applications
- The employment contract if any
- Your original and any subsequent job descriptions
- Your resume
- Salary records including pay raises
- Job evaluations
- Pre-employment and random employee drug test results
- Documentation of any training
- Any employment test results
- All correspondence with management,HR,legal department, others this means memos,emails,letters,tape recordings,printouts,department bulletins,social media post,etc.
- Background check results
- Reference checks
- Letters of reference
- Leave records
- contact info of co-workers having similar employment problems
- Copy of employee handbook
- Your attendance records and any awards
- Any awards for longevity or performance
- Any on the job accident reports
- Any relevant medical records
- Your credit and financial records
- All after termination job searches including company names,applications and
- Records of inside grievances filed with management,HR,(EEO) equal employment office(r),legal department,etc.
- Any demotions, cuts in pay or shift changes
Last but certainly NOT least, the record or diary you’ve kept over time of the who,what,when,where,why and how of your bosses behavior and actions that adversely affected your employment. This documentation should include meetings, witnesses to events and important dates of those events.
Learn more about How to prove discrimination.
Maintaining these records may seem like a lot of work. However, if you believe your employer is seeking to “show you the door unjustly” disciplining yourself to keep this documentation will PAY OFF if and when you need to use them! Remember, your boss wants to thank you for letting him/her fire you illegally!
Follow this link for more info on filing an illegal termination claim.
Be something good for someone!