Many people have been in this position: You’ve just lost your job and you’re not sure what to do. Should you go to the HR manager and ask for advice? What if they refuse to help, or worse yet, what if they fire you again? If these thoughts are going through your head right now, don’t worry! We can walk you through a 6-step process that will help dispute the termination of your employment.
Understand the company’s perspective
The first step to disputing a job termination is understanding why your company fired you. In most cases, there are three main reasons that an employer will terminate employment: just cause, violation of the law, and severance pay disputes.
Just cause involves actions such as theft or violence at work. Violating laws can involve working under the table or using drugs on-site. Finally, severance pay disputes usually stem from contract violations – for example, if someone agrees to work through lunch but doesn’t want to do so any longer, they might leave without giving proper notice (which could violate their contract). Understanding these situations helps us identify which steps we should take next in order to dispute a job termination successfully!
Talk to an employment lawyer
The second step to disputing a job termination is talking with an employment lawyer. They can provide you with valuable information about your case and help figure out how we should proceed next!
Now that we understand the company’s perspective, let’s discuss our own: if possible, hire someone who specializes in labor law. If you are situated near Flagstaff, you should seek an employment lawyer in Flagstaff to speed up your process. This will ensure that they know all of the ins and outs regarding state and federal laws related to employment disputes, as well as familiarize them with any precedents that might be relevant for your particular case. An experienced attorney knows exactly what steps need to be taken during this time period – don’t go at it alone!
Gather evidence to support your position
The third step to disputing a job termination is gathering evidence. If you have been working with your employer for some time, chances are that they have specific documentation on file about your performance as an employee. This could be formal reviews or informal notes made by supervisors and managers – the key is getting access to these records!
If going through HR isn’t proving helpful, don’t worry: many employers keep paper copies of evaluation forms in their physical files. The only problem? They’re usually locked up tight, so it can be hard finding them amidst all of those papers! However, if we hack into the system (we kid), there should be ample room for us to slip our own incriminating documents inside without anyone noticing…
Determine why you were terminated
The fourth step to disputing a job termination is determining why you were terminated. This might seem like it goes without saying, but too often employees are eager to rush into filing their dispute and don’t take the time they need in order to thoroughly understand what happened.
If possible, try looking through your own documents that you obtained in step three to see if they provide any clues as to your company’s reasoning.
Also, consider asking for an explanation from the HR manager – be cordial but firm and ask them why they terminated your employment. When possible, try getting their response on paper (or at least transcribed) so that you have something concrete and official-looking on your side later down the line when you go before a judge or board of inquiry with this information.
Create a plan of action and timeline
The fifth step to disputing a job termination is creating your plan of action and timeline. These two components are critical in order to win your case, so don’t underestimate their importance! If you hired an employment lawyer, he/she will be able to provide you with guidance throughout this process. Then all that’s left is taking the necessary steps towards filing for unemployment benefits, while simultaneously moving forward with any other legal proceedings involved in your dispute (such as hearings or meetings).
Negotiate with HR about your termination package, if possible
The sixth step to disputing a job termination is negotiating with HR about your termination package, if possible. Remember, an employer just wants you out of their hair ASAP, while we want our full benefits package!
So why not try working together towards that common goal? If applicable, ask for some severance pay or other form of financial compensation. This will help lessen the blow and go a long way in helping us get back on our feet – it really couldn’t hurt to ask.
The decision to terminate employment is never made lightly, which means it’s important for you to understand the company’s perspective on why they are choosing this course of action.
We hope that you’ve found this guide helpful in understanding how to dispute a termination and what steps are necessary for getting back on track with your life post-employment.