Throughout this entire year of pandemic, millions of people have lost their jobs around the world. Both health and economic crises have devastated a large part of the global population without distinction, with the United States being one of the hardest hit areas.
Despite the fact that support programs have been launched in the North American country for some time now, some companies have taken advantage of this situation to lay off staff without mediation and, sometimes, incurring wrongful termination.
If you require it and have been a victim of wrongful termination, you should contact Conexión Legal so we can provide you with the best free legal advice, and if applicable, seek to obtain the highest possible compensation with the help of a Hispanic attorney. Call us at 1800 201 1220 or write to us via WhatsApp.
What are the steps to follow?
Find out why you were firedTo find out why you were fired, send a written and dated request to your employer by certified mail. According to the law, the employer must respond within 10 days, stating the reason for your termination.
Act quicklyMany labor laws have deadlines, called "statutes of limitations". These deadlines require you to act as quickly as possible. Some deadlines are only a few months after you lose your job. If you do not take action before the deadline, that particular law may no longer protect you. An attorney can help you determine the deadline that applies to your situation.
Seek an attorneyThe best way to find out your specific situation is to speak with an attorney. To know if the termination is legal, you must know the employment relationship between you and your employer. In some states, such as Washington, employees are hired at will. The employer can fire you at any time and for any reason.
Some employees have separate employment contracts, written or implied. Union workers may sign collective bargaining agreements. Public officials may be protected by state and local laws or regulations.
To understand your employment relationship, review: letters you received inviting you to apply for the job or those you received offering a job, new employee induction training materials or employee manuals you received, contract or agreement you signed, union contract or laws and regulations applicable to your job, your personnel file; which you can obtain from your employer's human resources representative.
If you have questions about the employment relationship, contact a human resources representative. The human resources representative may see things from the employer's perspective, not from yours. If you believe your employer has terminated you illegally, consult an attorney.
If your employment is at will, the employer can fire any worker at any time for any reason or no reason. Employers do not have to notify at-will employees before terminations.
The above applies, except under these three conditions: If you and your employer change your rights by signing a contract. Still, you normally can have good reasons for being fired. "Good cause" means "just cause". For example: possession or use of drugs or alcohol, theft, absenteeism, incompetence, and lying.
If your employer fired you for illegal reasons or for violating public policy.
If the employer is a large company and under special circumstances (such as plant closures or mass layoffs), it must notify terminations in advance.
If you have a written personal employment contract: the contract can explain when and why the employer fired you. It can indicate how much notice you should receive and whether the employer must impose a lighter penalty before firing you.
It can describe the formal complaint process that you and your employer must follow before and after termination. Furthermore, if you are fired, the severance agreement can grant you certain rights.
Read the contract carefully. Read any other document it mentions. If you have any questions, speak with the human resources representative or your employer's attorney.
If you have identified with any of these reasons, contact Conexión Legal by calling us at 1800 201 1220 or writing to us via WhatsApp so we can offer you the best free legal advice, and in this way learn about your rights through a capable Hispanic attorney who can obtain the highest possible compensation.
Follow the steps in the following form to schedule your free legal advice appointment.
