So, how can an employee move forward from an unjust termination? Lawyer David Iancu urges documentation through emails, reviews, timelines, and any paper trail that shows what happened.
“Then speak with an employment attorney who can sort out whether the facts support a legal claim. You can’t fix what you don’t document,” he told Bored Panda.
Layoffs, on the other hand, may be more challenging to bounce back from, since they are a bitter reality that an employee must accept, sometimes unwillingly. In such cases, expungement attorney David Weisselberger advises filing for unemployment immediately, especially since processing typically takes approximately 3 to 4 weeks.
“It is essential to file as early as possible to begin the ‘waiting week’ and establish your base year wage rate for the state. When your severance payments cease, your state benefits will activate immediately, eliminating a lapse in income,” he said.
For some companies, layoffs are inevitable, especially since no company is immune to economic pressure, according to Iancu. As an employee who got the axe for such reasons, he advises taking immediate steps to keep the momentum going.
“Review the separation documents, confirm what benefits continue, and know what rights you keep. That gives you control,” he said. “From there, update your professional materials and reconnect with your network.”
It is likewise essential to note that not all layoffs are legal. According to litigation attorney Thomas Ricotta, it is similar to an unjust firing where companies let go of employees because of their age. This is why he recommends seeking professional assistance.
“Consult with an employment attorney, particularly if you believe that you may have been selected for a layoff instead of someone else because of your age or some other protected class,” he said.
Negotiation is another step a laid-off employee can take, something that people tend to forget, according to executive coach and career strategist Susan Peppercorn. She advises requesting the following:
- Additional severance pay
- Extended health insurance
- Outplacement or career-coaching support
- A neutral or positive reference
- A written LinkedIn recommendation
- Paid job-search time
