Maybe you recently filed a complaint with your human resources department about sexual harassment, or maybe you’ve been a witness in another employee’s racial discrimination claim. Whatever the situation, you’re clearly “out of favor” with management.
The signs are plain: You’re about to be fired. You’re pretty sure that this is retaliation and illegal, but what do you do about it? Here are some proactive steps to take:
#1. Back up all your electronic files.
If you have any personal records or files stored on the company’s electronics or servers, make sure that you make backup copies and send them to yourself. (Do not copy any of the company’s proprietary information, since that can put you on the wrong side of the law.) You could lose access to those files very suddenly if you’re fired.
#2. Clear your desk of personal items.
It isn’t uncommon for companies to fire unwanted employees abruptly and escort them to the door. You may or may not be allowed to empty your desk before you go, and you’ll likely be watched the whole time. Aside from photos and other items like that, you want to quietly remove any documents you’ve been collecting that pertain to your situation, including performance reviews, award certificates and copies of your employee handbook. Those could prove invaluable if you decide to file a wrongful termination claim later.
#3. Document everything that happens.
If you haven’t already started to document every interaction with management, you need to start. Keep a journal and write down notes about every meeting, any denigrating comments directed your way or other incidents that show how you’re being treated. Make sure that your notes are kept at home, not at work.
#4. Keep your emotions in check.
Finally, despite the unfairness of the situation, do not react emotionally – even if your manager or boss seems to be trying to provoke you. Companies often try to get the upper hand in a wrongful discrimination claim by pushing an employee to quit or goading them into doing something that would justify termination. Play everything “by the book” and protect your interests.
There are consequences for wrongful terminations. If you’ve been victimized by your employer, it may be time to find out more.
