When you lose your job, your first instinct is to begin a new job search, but the first 48 hours require careful consideration. Prioritizing a few key actions during this period can safeguard your financial stability and preserve your legal options, especially when wrongful termination is at play.
Step 1: Exit gracefully
Though the news is often a shock, strive to maintain a calm and professional attitude by focusing on listening and absorbing the information rather than debating the decision. If your employer offers a severance agreement, clearly state that you need time to review it before signing. Ask for a written termination with the reasons for your dismissal.
Even in “at-will” states like California, wrongful termination occurs when a dismissal is based on reasons prohibited by labor law, such as discriminatory motives, punishment for whistleblowing or failure to honor contract provisions.. Legal protections for protected characteristics and retaliation override an employer’s general right to terminate at any time.
Step 2: Document the details of the termination
After the meeting, find a private space to write down every detail you can remember, including the names of everyone in the room, the specifics of the conversation. Next, create a timeline of events leading up to your dismissal. This record could be a powerful piece of evidence should you need it.
Step 3: Gather documents within 24 hours
Collect all accessible work-related files you currently have access to. These include:
- The original offer letter and employment contract
- All past performance reviews
- The most recent version of the organization’s employee handbook
- All relevant correspondence, including emails, letters and memos
- The termination letter and the proposed severance agreement
Be mindful that severance agreements typically require you to sign a “release of claims.” This means you agree to waive your right to pursue legal action, such as a wrongful termination lawsuit.
Step 4: Protect your claim
File an unemployment claim promptly with your state agency. In California, this typically involves the Employment Development Department (EDD). Take action as soon as possible, as prompt filing preserves your benefits and adheres to strict timelines.
The right time to protect your right
Wrongful termination is illegal, and you have the right to fight. In California, statutes of limitations govern your ability to file a claim. Prompt action is crucial, as missing this window means you could lose your right to compensation forever.