How to Deal with an Unreasonable Dismissal in the United States

2024 Author: Samantha Chapman | [email protected]. Last modified: 2023-12-17 09:13

Getting fired is a difficult experience. A whole range of emotions can arise - fear, sadness, anger, shame - as well as perplexity as to why you were sent away and what you should do next. If the employer fails to give you a reason for your dismissal, uncertainty increases. Start reading the article from the first step to learn how to manage this difficult situation.

Steps

Part 1 of 6: Part 1: Know your Rights

Step 1. Understand the concept of "employment-at-will" (permanent employment relationship with freedom of withdrawal for both parties)

In the United States, most employees work "at will". “Employment at will” means that the employer has the right to terminate the employment relationship, with or without cause, at any time, except unlawfully for discrimination or retaliation; in return, employees have the right to leave their employer at any time and for any or no reason. Unfortunately, employment-at-will means that the employer is not required to provide a clear reason to send you away.

• If you are not sure if the job you had was an "employment-at-will", check the hiring documents (if you still have them), ask the Human Resources department or contact the Department of Labor of the state where you reside.

  

Step 2. Understand how "employment-at-will" is different

If your job is not an "employment-at-will", the employer cannot terminate the employment relationship for no reason. You are entitled to receive a reason for dismissal, while the employer is required to comply with any written contract or statute governing the employment relationship.

• Again, if you're not sure if the job was an "employment-at-will", find out. Check the hiring documents, visit the Department of Labor website of the state where you reside or call the Human Resources department.

  

• In general, self-employed workers, members of trade unions, protected by public policies and employed in a state that has particular restrictions on the "employment-at-will" doctrine fall into this category.

Step 3. Know the other rights

Details may vary from state to state, so check with the Department of Labor in the state where you reside and ask your Human Resources manager or benefit coordinator for more information. In general, however, if you are fired, you may have the right to:

• apply for unemployment benefits

  

• extend health coverage under state and federal laws

  

• receive any compensation you have earned, including hours you have already worked and, in some cases, vacation pay.

  

Part 2 of 6: Part 2: Receiving the Notice of Dismissal

Step 1. Listen carefully to your employer

Sit quietly and listen to what he has to tell you. You need to remember the information you are given. It is especially important when the dismissal is completely unexpected. Listen carefully to what your boss says to fully understand the reasons for your dismissal.

Step 2. Avoid arguing

The decision to terminate the employment relationship has already been made. Whatever you say, at this point, will not change it. Don't argue or try to get your employer to reconsider.

Step 3. Stay calm

When you are fired, you will probably be very emotional. It is completely understandable. However, it's best not to let emotions get the better of you. If you feel sad or angry, take a deep breath, keep calm and try not to make a scene.

Do breathing exercises if you feel like you are about to have an emotional outlet. Apologize for a moment and then inhale slowly as you count to 10. Hold your breath for a moment, and then slowly exhale again counting to 10. Do this until you feel like you have a better command of what you are feeling

Step 4. Ask questions

If the employer has not explained the reasons that led him to terminate the employment relationship, it is good to ask them. Be prepared, however, for an unsatisfactory response such as "it was just a business decision," or no response at all. Also, consider asking:

• What are the next steps?
• Are there any documents to fill out?
• Does the company provide a personnel information service?
• What are the exit procedures?

Step 5. Postpone signing an employment termination agreement

If you are offered severance pay in exchange for signing a "disclaimer," think twice before signing immediately. In this way, you will cancel the opportunity to take legal action against the employer, as the statement actually states that the company is relieved of all legal obligations to which it may be required at the time of dismissal.

Take time and consider submitting the agreement to a lawyer before signing

Step 6. Try to stay on good terms

As upset as you are, remember to thank the employer for the opportunity. Then, go away. Allowing anger and frustration to take control of you will only hurt you in the long run. If you behave unprofessionally - if you shout, throw things up or threaten anyone, for example - your actions will be exposed, risking being reported to potential employers.

It is important to remain on good terms so that you can possibly use the former employer in the future, for example for an application that requires him to be contacted before hiring

Part 3 of 6: Part 3: Follow the Exit Procedures

Step 1. Consider negotiating the reason for your dismissal

You can agree with your former employer to describe the dismissal in an unbiased way, so that when you find yourself submitting future applications, you can easily pass the referral check.

This aspect is particularly important in the event that you are sent away due to downsizing and outsourcing of the workforce that have nothing to do with your performance

Step 2. Define what the documents are

You will likely be required to sign a dismissal letter - a document that contains basic information under which they let you go. Read the letter in detail before signing and ask for a copy.

Step 3. Follow the exit procedures

Each company has its own rules governing this situation. Some companies allow you to collect your belongings before being escorted out of the office; others ask you to leave it as soon as possible, entrusting a manager with the task of collecting it from your workspace. Whatever the case may be, don't argue - follow the procedure. Your boss or HR manager will explain what you need to do.

Step 4. Return any item belonging to the company

All things and assets that belong to your employer - cell phones, pagers, company cars, office equipment, etc. - must be returned immediately. Do not postpone or neglect this obligation.

Part 4 of 6: Part 4: Evaluating the Unemployment Application

Step 1. Check your eligibility

To see if you are eligible to apply for unemployment, contact the employment office of the state where you reside and speak to a manager. Rules may vary, but in general, to receive unemployment, you must be unemployed not on your own account - which means that you have not been sent away due to a job performance problem or any type of misconduct. Also, you need to be able to work and actively look for a job.

Step 2. Submit your application

The specific procedures for filing an unemployment claim may also vary from state to state. Your state employment office should provide you with the information and explain the correct procedure to follow. In general, however, when you apply for unemployment, you must be ready to give the following information:

• duration of the employment relationship with the company
• professional qualification
• name, address, telephone number and employer of the company
• reason for dismissal (if indicated)
• your tax code number
• your address, telephone number and e-mail address
• bank account information for direct deposits

Step 3. Consider appealing if your application is denied

If your application is denied but you believe you qualify for the eligibility criteria, you can appeal. The Employment Office will give you information on how to proceed.

• Make sure you act promptly. In many states it is necessary to appeal within a certain period of time in order to guarantee a hearing. Contact your state employment office for details.

  

Part 5 of 6: Part 5: Preparing to Find a New Job

Step 1. Update your resume

Prepare a complete resume of all your latest job information before submitting applications for new hires. Add any skills developed during the last job, as well as any work experience.

• If you have any doubts about the value of your resume, do some research online or ask a trusted friend to take a look. It has to look professional. You can also read this article on how to write a resume.

  

• For it to be effective, consider including important tasks you have done, projects and achievements in the "work experience" section.

  

Step 2. Start looking for a new job immediately

Once you get over the initial shock of losing your job, get back on track. If you take a couple of weeks to sort things out, that's fine; however, please note that you may also not be awarded another place the first, second or even third time you submit an application. The longer you are unemployed, the harder it will seem to secure a new hire - hiring managers spend time evaluating job applications.

Step 3. Look for a job that excites your enthusiasm and fits your skills

When looking for a new job, try to identify what characteristics you think are important in a job. In particular, consider aspects such as:

• Opportunity: Will this new job give you the opportunity to grow and learn new skills? Will it give you the chance to improve your position in your industry?
• Object of the work: Are you enthusiastic about the projects you are going to work on? Do you find work stimulating and engaging?
• People: Do you think the people who work in this company are capable employees? Will they be able to be good teammates?

Step 4. Prepare for the interview

If you are being called for an interview, review the resume and job description for the position. This will prepare you to answer difficult questions about your experience and the position you are offering yourself for, showing yourself as the person they are looking for. For example, if your employer is looking for someone who can manage "teams of 15+ employees," you may remember to point out (if that's true!) That you have experience managing a team of 30 people across multiple locations.

Step 5. Answer questions related to your previous job professionally

During an interview, you are likely to be asked why you left your previous job. Be prepared to respond honestly and professionally, in a tone that is as positive as possible. It is not necessary to make a long explanation: simply say that they let you go. Then, if it is possible to speak frankly, keep saying "We have remained on good terms, while now I am looking for the right opportunity to exploit my strengths".

• Positively transform your experience. Let's say that, even if there was some disappointment on your part regarding the fact that they sent you away, today you feel lucky because you have learned so much and developed new skills.
• Don't talk negatively about your old boss. You never know what relationships the old employer might have. It is best to be as respectful as possible at all times, even if you are angry with him inside.
• Be honest and don't make a story about your firing. If you lie, it can happen that you unintentionally contradict yourself, and then you will find yourself in a position to confess or lie further.

Part 6 of 6: Prepare for the Future

Step 1. Try to prepare for the worst case scenario

It is important to keep in mind that, however safe the job may seem, there is always the possibility that something will happen, so you will have to leave the place. For this reason, it is important to be prepared for this eventuality.

In this regard, it is advisable to try to keep the curriculum as updated as possible and always keep an eye on the job market in your sector. Other ways to get ready are described in the following steps

Step 2. Keep your resume (CV) up to date

As your skills will have improved and your work experience will have increased, it is important to update your CV to describe the change and development of your skills. It can be difficult to keep track of all the work you do and the projects you work on, so try to report the details as soon as you have finished an assignment or feel you have broadened your skills. For instance:

• Let's say you just led a team on a project where you managed a team and assigned tasks. You can describe skills as a group leader and task manager.
• Alternatively, you've just taken a course covering the editorial publishing process. You can report on your CV that you have publishing skills.

Step 3. Update your online profile

In addition to your resume, you should also keep your profile (or profiles) online up to date. It means gradually adding work experience and new skills. Many companies look at online job profiles, such as LinkedIn, when they are looking for new employees.

Respond to 'friend' requests in a timely manner to show that you are interested in networking and organized

Step 4. Regularly view online job postings and postings

Try to stay up to date on the job market and any progress that occurs in your industry. Even if you feel your job is safe, it's always a good idea to carefully supervise other job positions you feel fit for.

Compare your work to other positions to determine if you are being treated fairly. You may be surprised to find that people employed in positions similar to yours have higher or lower salaries and benefits

Step 5. Network when you can

Networking is an important activity when it comes to preparing for the worst scenarios. The more networking you do, the more likely you are to find a job right away if you happen to be fired. To network:

• Attend parties and ceremonies organized in the context of networking.
• Create links online.
• Be respectful and charismatic with the people you meet.

Advice

• Try to let go of the negative emotions associated with being fired. Many capable and competent people live this experience. Take your time to process what you feel and then move on. A positive attitude is the key to being successful in finding a new job.
• If your former employer has given you health insurance, do your medical examinations before the deadline - usually at the end of the month. Consider extending coverage through COBRA, a federal program that allows you to pay to maintain existing health coverage.
• If you think you have been unlawfully fired for a discriminatory reason - for example, racial, sexual, ethnic, religious or disability - speak to a lawyer right away. Most states have strict time limits for filing such complaints.