Getting the Ax

You've just been fired. What do you do?

One thought that may rise through the anger is, "I'm gonna sue!" Usually, though, calmer heads prevail on both sides and lawsuits are avoided.

First, assess your situation. While you shouldn't ignore your rights, you also shouldn't make rash decisions. Try to set your emotions aside and objectively assess the facts and circumstances surrounding your unexpected unemployment.

Maybe you weren't given a reason for being fired. If you were, it should be carefully documented. Hopefully, you received something in writing from your employer. If not, write down what you were told while your memory is fresh.

If your employer failed to give you a reason, it doesn't necessarily mean that the employer acted wrongfully. The general rule is that employment is on an "at will" basis, meaning that either the employer or the employee can terminate the work agreement at any time, for any reason. So if you weren't told why you were axed, the employer is taking the position that your employment was "at will." That may not be the case, however, so you should still document the facts and circumstances of your termination.

Take Out the Emotions

It's important to be objective - get just the facts down on paper. This helps put things into perspective and will help if you later decide to have someone evaluate your case. An accurate summary of what happened while it's still fresh in your mind could be helpful down the road.

Other details may be important. Note how you were terminated, who terminated you, and where and when it happened. Names, dates and places could be important to someone reviewing the case.

You should immediately assess your financial situation. If you're living paycheck to paycheck, apply for unemployment benefits. You should also ask about extending benefits you had at work, such as health care, which can often be continued under an employer's health plan. Hopefully, your employer paid you your final check and anything else due, including accrued vacation pay. Take responsibility on following through on these; don't rely on anyone else doing it for you.

Information in - or absent from - your personnel file could be relevant. A fired employee may very well ask for a copy of his or her personnel file. However, this doesn't mean one will be provided.

The laws of your state may not give you the right to get a copy of your personnel file. Statutes in some states, for example, say an employee can review his or her personnel file but doesn't have the right to photocopy it. Employers sometimes rely on this distinction to deny terminated employees access to their records.

Ultimately, though, an employer can usually be compelled to turn over the records in the pretrial process known as "discovery." So if you're denied access to your records, the better course of action is to remain cordial - and take notes on the employer's excuse for not turning them over. Making threats or being nasty can only hurt you later if you pursue the matter.

Life Goes On

After getting fired, first think long and hard about whether you should simply get on with your life. First, get another job. Then mull your options. Asking others for advice can help, but beware that friends and family are there to console you and won't be objective. Consider talking with more disinterested parties.

Think about how you've been damaged. Sure, your feelings have been hurt and you're angry, but that doesn't necessarily translate into legal damages. Any damages start with lost wages and benefits as a result of being fired. You have an obligation to "mitigate" your damages, that is, look for another job. And if you land another job with comparable pay and benefits, it may make sense to forget about your firing and move on.

If you think discrimination is a factor, there are federal and state laws in your favor. Well-known examples include prohibitions against discriminating on the basis of race, religion and sex. Another is age discrimination, which generally applies to persons over 40, and sometimes those with disabilities.

But the law doesn't preclude an employer from firing someone who's in a particular category. He or she just needs a good reason apart from the person's protected status. For example, an employer couldn't fire a disabled person because of a disability unless he can first show that the employer could not reasonably accommodate that employee's disability.

Getting fired can be tough to handle - but it is not the end of the world. Knowing what to do next can make coping a lot easier.

Thomas Pedreira is with the firm of Emerich Pedreira & Fike.

Employment Law Message Board for more help