Losing Your Job

You just lost your job. What do you do?

Assess the Situation

You could get overwhelmed with emotion and start threatening to sue. Before filing a lawsuit, you must control your emotions and assess your situation. Calmly consider the facts and circumstances that led to your losing your job. Did you violate a policy? Did the job requirements change? Did the business lose a large contract? Did the business experience any financial hardships? Did other employees lose their jobs? Did others witness your termination? Did your former employer provide a reason for your job loss?

Besides the circumstances surrounding your job loss, assess your financial and personal situation. How much in benefits continue from your former employer? How much do you have in savings? How much money do you need each month? How long will your money last? How soon can you get another job? How much do available jobs pay? How much in unemployment benefits can you get?

At-Will Employment

Your former employer may not have given you a reason for your job loss, but if the employer gave you a reason, immediately document it. I hope that your former employer put the reason in writing. If not, immediately write the reason down so you do forget any important details.

Just because your former employer did not provide you a reason or if your former employer provided what you believe is a bad reason does not mean that your former employer did something illegal. In Ohio, the “at-will” doctrine governs employment. “At will” means an employer may legally terminate an employee from a job for no reason or for any reason unless the relationship between the employer and employee is contractual or protected by law. Similarly, an at-will employee is free to quit at any time, for no reason or for any reason, with or without notice. Most employment manuals contain an at-will employment notice.

A contract may limit an employer’s ability to terminate an employee. While a written contract may be preferred, a verbal or implied contract may govern the employment relationship. For example, oral promises made by an employer to an employee about termination procedures, reasons for termination or length of employment might govern the relationship. If the employee reasonably relies upon these promises, the employer may be held responsible for any damages to the employee should the employer fail to keep these promises. Generally, the employee has the burden to prove that the employer made enforceable promises.

An employer must treat employees lawfully, but an employer has no obligation to treat employees fairly. For example, an employer can keep a bad employee and fire a good employee, as long as the employer’s reason for the firing  does not involve age, race, national origin, physical or mental disability or some other protected status.

There are exceptions to employment at will. Exceptions include:

• Termination Prohibited By Law (i.e., discrimination)
• Retaliation For an Employee Exercising Legal Rights (i.e., filing for worker’s compensation, reporting workplace abuses, Whistleblowing)
• Termination In Violation of Public Policy (i.e., firing for serving on a jury, refusal to break law, hiring an attorney).

Life Continues

Before filing a lawsuit, you should consider whether getting on with your life and leaving the past behind makes more sense. Finding another job should be a top priority. Even if you decide to file a lawsuit, you have an obligation to mitigate damages. That is, you must minimize your damages, which in this case means get another job. Also, get advice from reliable, unbiased people who care about your future. They may help you come to a good decision about whether to sue or not and they may even be able to suggest better opportunities. Regardless of the reason that you lost your job, it can be tough to handle, but remember you ultimately control your destiny so you can make a bright future.