Being fired is an incredibly stressful and confusing experience, especially when you believe the termination was unfair or illegal. It’s a moment when emotions run high, and it can be difficult to think clearly.
However, the actions you take (or don’t take) immediately following your termination can significantly impact your ability to pursue a legal claim later on. As a lawyer specializing in employment law in New York City, I want to provide a clear and actionable guide on how to navigate this difficult time.
As with anything on this site, what follows is not legal advice, and I am not your attorney. Also bear in mind that since every case is unique, what course to take, and how the law might apply, will depend on the specific facts and circumstances particular to your situation. Having said that, let’s get to it.
What to Do:
✅ **Stay Calm and Professional:** This is easier said than done, but it’s crucial. Do not get into a heated argument with your supervisor or HR representative. Your termination meeting may be your last direct interaction with the company. Any outbursts could be used against you later to justify your firing as a result of poor conduct.
✅ **Ask for the Reason:** Politely and calmly ask for a clear explanation of why you are being terminated. If they provide a reason, listen carefully and make a mental note of it. If they provide a written notice, be sure to keep a copy. The official reason for your firing is a key piece of information for any potential legal claim.
✅ **Gather and Preserve Documents:** Your access to company systems will likely be revoked quickly. Before that happens, or as soon as possible after, secure any important documents you might have on your person. This includes your employment contract, performance reviews, emails, and any other communication that relates to your work performance, your termination, or any instances of discrimination or harassment. You should also save all your emails and other correspondence with management.
✅ **Document Everything:** Immediately after the meeting, go home and write down everything you can remember. What was said? Who was present? What was the date and time? What specific reasons were given? This timeline will be invaluable to your attorney.
✅ **Contact an Attorney:** This is the most important step. Don’t wait. An experienced employment lawyer can review your situation, assess the merits of your potential claim, and guide you on what to do next. The **statute of limitations** for filing a claim can be short, so acting quickly is essential.
What NOT to Do:
❌ **Don’t Sign Anything Immediately:** You may be presented with a severance agreement or release of claims. Do not sign it on the spot. These documents often require you to waive your right to sue the company in exchange for a severance package. Tell them you need time to review the document and consult with an attorney.
❌ **Don’t Lie or Misrepresent Your Work History:** When applying for new jobs, be truthful about your work history. A potential employer or the company that fired you could find out if you’ve been dishonest, which could harm your future employment prospects and any legal claims you might have.
❌ **Don’t Badmouth Your Employer (Especially on Social Media):** It’s tempting to vent, but posting negative comments about your former employer, supervisors, or co-workers on social media can be used against you. It can be seen as a way to justify your termination for unprofessional conduct.
❌ **Don’t Assume Your Case is Worthless:** Many people assume that because New York is an “at-will” employment state, there is nothing they can do. This is a common misconception. While an employer can fire you for any non-discriminatory reason, they cannot fire you based on your race, gender, age, religion, disability, or other protected characteristics under New York City, state, and federal law.
In sum:
The period after a termination can feel overwhelming. However, by taking a proactive and strategic approach, you can protect your rights and lay the groundwork for a successful legal claim. If you believe you have been wrongfully terminated, please contact us for a confidential consultation to discuss your options.