Our friends at TGH Litigation discuss how maybe you woke up this morning, put on your uniform, and walked out the door with no idea that tomorrow would look completely different. Or maybe you were one of the “lucky ones” . . . you had that nagging feeling in the pit of your stomach that today might be the day.
For many of my clients, losing a job is devastating. They sacrificed time away from their families to fulfill their job duties, sometimes even their life’s purpose, only to feel rejected by the very employer they devoted themselves to serving.
If you have that sinking feeling that you’re about to be fired, especially if you suspect it’s because you reported wrongdoing or are being discriminated against, here are four steps you can take right now to protect yourself before you ever sit down with an employment attorney. An experienced employment discrimination lawyer can help you understand your rights, preserve key evidence, and take action to protect your career and livelihood.
Gather Your Documents
In today’s world, our work lives are documented in countless ways. Start collecting copies of any documents and communications with your supervisor, Human Resources Director, business owner and coworkers. If you later decide to file a claim, these documents will help your attorney build a much stronger case. What to look for:
• Emails, texts, and instant messages
• Performance reviews- most recent and any previous reviews
• Employment contracts and termination letter
• FMLA, ADA, or leave requests
• Complaints or grievances you’ve filed
• Photos or audio recordings
Don’t worry if you aren’t particularly tech savvy. Several of my clients have simply forwarded documents to their personal email or taken photos with their phone. Just make sure any document photos are actually legible.
Save Potential Witnesses’ Contact Information
Your future attorney will need witnesses, not just people who saw something wrong happening, but also coworkers who may have experienced similar treatment. Despite what some clients assume, I don’t have access to a magic national database to track people down. Collecting this information now, while you’re still in the workplace, is far easier than trying to find someone years later. Gather:
• Cell phone numbers
• Home addresses (or at least a city or town where they live)
• Personal email addresses
• Social media accounts
Request Your Reason for Termination (In Writing)
In Missouri, most private employers are actually required by law to provide the reason an employee was terminated. Mo. Rev. Stat. 290.140. Even if your state doesn’t have a similar statute, it’s always worth asking your employer to put the reason in writing. This creates a paper trail that can be helpful later.
Don’t Give Them More Ammunition
This one might be the hardest. When you’re hurt, angry, or blindsided, it’s tempting to say things you’ll later regret. I’ve had clients who dreaded sitting in front of a jury and explaining how they reacted in the heat of the moment after they were terminated.
Do your best to leave professionally. Don’t threaten a lawsuit on your way out. Don’t try to save face by claiming you were planning to resign or retire anyway. What you say, and how you say it, can affect both the damages your future attorney may be able to argue for and your credibility if the case ever goes to trial.
Hopefully, this advice helps you feel more prepared if the worst does happen, so that both you and your future attorney are ready for whatever comes next.