If you are Terminated, or think you are about to be terminated :
- If you are presented with documents at the time of your termination, do not sign anything.
- Ask to take any documents home and for time to have them reviewed by a lawyer.
- Request a complete copy of your personnel file, including your employment application, employment contract, non-compete agreement, and confidentiality agreement, if these are applicable, pursuant to the Bullard-Plawecki Right to Know Act .
- Request your unpaid vacation and sick pay.
- If they refuse to pay your vacation and sick pay, ask for a copy of the company policy regarding vacation and sick pay.
- Ask for a letter stating the reason for your termination.
- Ask for a letter of recommendation (unless you are being fired for cause).
- Ask for a copy of the company's "Plan Summary" - it explains all your benefits.
- If you are being terminated for cause, ask if you have a right to appeal and if so, ask for a copy of the appeal procedure.
- If you are a union member, contact your representative and file a grievance if you are being terminated for cause.
- Do not make derogatory statements about the company, your supervisors or your coworkers.
- Do not threaten to sue.
- If threatened with termination, do not voluntarily quit - it could prevent you from collecting unemployment.
- Do not remove company records or documents unless you were authorized to possess and copy such documents in the scope of your duties.
- Return all company property at the time of your termination and get documentation acknowledging that it was returned.
- Request that you be allowed to take all your personal items with you at the time of your termination.
- If you are not allowed to get your personal items, submit a list of the unclaimed items to human recourses as soon as possible
- Request a copy of your employee handbook if you don't have one.
- If you do not have the opportunity to request the above at the time you are terminated, send a registered letter or email to the Human Resources Director as soon as possible requesting these documents.
You should also ask for a copy of any company policy that requires you to submit any claims to arbitration or any other alternative dispute resolution process. You should also request a copy of any company policy that imposes a statute of limitations shorter than allowed by statute on claims arising from your employment.
THEN ... Contact Burgess & Sharp, PLLC as soon as possible after your termination to assess your legal rights and assist you with any additional processes that are warranted