What To Do After Unexpected Termination?
Losing your job under questionable circumstances creates immediate stress, financial change. and professional instability. If you are in the aftermath, and have documents related to how the employment ended, gather them, such as a copy of your job offer letter, employment contract if applicable, employee handbook if there is one, and related communications.
As an initial matter, Maryland is an "at-will employment" state. At-will employment means either side can end the employment for personal or business reasons without legal liability.
On the other hand, an employer cannot fire you for reasons that violate various specific laws, including anti-discrimination laws:
- Terminations based on race, gender, age, religion, national origin, sexual orientation, age, and disability are discriminatory and illegal;
- Firing an employee in retaliation for reporting discrimination problems at work, in good faith, is illegal;
- Dismissals related to someone taking legally protected family medical leave (FMLA) or returning from it can be illegal;
- Discharging a state government employee for blowing the whistle on fraudulent corruption is illegal under Maryland's False Claims Act.
- Terminations that violate Maryland public policy, like firing a school teacher for reporting child abuse, firing an employee for refusing to commit a crime, and/or firing someone simply because they filed for worker's compensation, if these specific motives can be proven, is illegal under Maryland common law as "wrongful termination" in violation of public policy.
Differentiating between an unfair business decision, and an illegal termination, requires careful analysis. Legal advice from a professional can help.
Signing Severance Agreements Prematurely:
Employers may present a severance package upon termination if it is a large company, or family business that routinely offers severance, or if there is a possible legal conflict afoot that they wish to resolve. You have the right to seek professional counsel before agreeing to severance terms. This opportunity often is mentioned in any severance package, meaning that when you sign it, you often affirm you've had the chance for legal advice and review.
It is wise to seek a severance review, to ensure you understand what you are signing, ensure you understand any clauses about post-employment speech, post-employment professional limitations (sometimes called restrictive post-employment covenants), ongoing confidentiality obligations, and other trade-offs and obligations, including waiver of all legal claims of course.
Failing to Secure and Preserve Evidence:
Building a strong case often requires comprehensive documentation of your employment history and the events leading to your dismissal. Many individuals make the mistake of leaving the building without securing essential records. You lose access to your company email, internal messaging systems, and performance reviews for instance, the moment your termination becomes official. These documents are the private property of the employer. It often requires a court proceeding to require their discovery again.
For instance, letters, emails, and documents that highlight any discriminatory or retaliatory behavior often are crucial evidence to prove these thing happened. If you have a copy, say, of a complaint about discrimination submitted, demand for owed compensation, query about why pay or commissions are late, or evidence of retaliation, these items in hand help establish your legal rights beyond what you recollect.
Further, memories fade. So, having this evidence perserves the record of what happened, month to month, week to week, day to day.
Discussing the Termination Publicly or on Social Media:
Experiencing a sudden job loss naturally generates feelings of anger and frustration. You might feel a strong temptation to air your grievances on social media platforms or professional networking sites. If for some reason you are reading this article, then you may be more cautious. Well, anything you say about your employer can become evidence and alter the legal case.
At Mosson Law, LLC, we recommend in legal affairs to be strategic and practical. The law firm generally will not recommend airing grievances online in active matters. Outside of the law, does airing grievances advance your reputation, for instance? If you have a legal claim, it is best to seek legal advice first.
Takeaways:
When let go, fired, or quitting under duress, time feels crunched. However, the legal process takes time. While obtaining legal advice is crucial, the process of the law is measured often in months and years. Your first step can be seeking competent legal advice.
For instance, Charges of discrimination and retaliation must be filed with 300 days of the illegal action. Under Maryland law, discriminatory or retaliatory harassment claims must be filed within two years of the illegal harassment.
For instance, a defamation lawsuit must be filed within one year of the alleged defamatory publication, while a breach of a contract requires a lawsuit be filed within three years of the alleged breach.
While an investigation and demand letter might take only weeks to prepare and issue, these actions should consider the time frames involved in case negotiations do not resolve the dispute.
The below linked legal articles provide further helpful examinations of these topics:
3. Unemployment Benefits: A Basic Guide (Click Here for The Article)
Engaging with a legal professional early in the process provides you with strategic advantage. An early evaluation of your circumstances helps you understand the true strength of your position. You can avoid wasting time on unviable claims and focus your resources on the most promising paths to resolution. Early intervention also can open the door to private negotiations and settlements - before formal litigation becomes necessary. Taking immediate steps to protect your employment law rights demonstrates your commitment to holding your employer accountable.
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Gregg H. Mosson, Esq.
Mosson Law, LLC
ABOUT MOSSON LAW, LLC: Our founder and experienced attorney, Mr. Mosson, focuses on representing employees in claims of illegal discrimination, illegal retaliation, disability rights violations, severance negotiations, wrongful terminations, FMLA violations, civil service appeals, and when seeking owed commissions, bonuses, and wages. He represents family members as well who are navigating the complexities of separation, divorce, custody, child support, and alimony. He also serves people seeking disability benefits from Social Security and through the private insurance market. His experience and knowledge in these areas of the law are vast and helpful to the clients he represents.
For more details about his services, please click here or contact us by clicking here.