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The boss is giving you the boot.
Your white-knuckled clutch is now grasping the pink slip that has
hurtled you into the unemployment line.
But there's this niggling thought in your head that management's
reason for letting you go is not quite adding up.
Wrongful termination from a job encompasses a wide-range of possibilities.
The key, experts say, is to determine whether the actions against
you were illegal.
Because every worker's situation is unique, there are not any hard
and fast formulas or guidelines to figure whether a boss unlawfully
fired you. Figuring whether there is a case can be a confusing and
time-consuming process. Seeking the advice of a lawyer, along with
resources from state and federal agencies, can help determine whether
pursuing the underlying reasons for your dismissal is worth it.
Wrongful termination breaks into three primary categories, a Des
Moines lawyer said.
Grounds for wrongful termination can include discrimination, based
on age, race, creed, color, sex, national origin, religion, disability
or pregnancy, said Jo Ellen Whitney, who practices labor and employment
law.
Another area, she said, is called public policy, which makes it
unlawful to terminate employees in situations that include firing
workers for filing a health or worker's compensation claim. A termination
can also be illegal if it violates the terms of an employment contract.
Federal and state "whistle-blower" statutes also protect those
workers from harassment from an employer, Whitney said. She said
Iowa's laws provide whistle-blower protection only for government
employees.
If you feel discriminated against or treated wrongly at work, present
concerns to the supervisor, human resources or other appropriate
management first, Whitney said. The problem could be solved internally.
A major problem is that employees will wait until the work situation
reaches crisis proportions before doing anything.
''The first time that someone says something inappropriate to you,
if you take some sort of action - talking to a supervisor, using
the internal process - you have a lot better chance of resolving
that issue without a lot of turmoil," she said.
The bulk of cases she sees are those of people who quit or are
fired and want to make a complaint. But there are some who choose
to stay, pending a complaint.
Whitney said these workers may really like their jobs, be a long-time
employee, or are nearing retirement. For some workers, the issue
could be relatively new, like not getting along with a new manager.
If you're dissatisfied with results from the job's internal reporting
procedures, or if you feel you've been wrongly fired, hire an attorney
or contact the Iowa Civil Rights Commission and file a complaint.
(Check the agency's Web site at www.state.ia.us/ government/crc/.)
A nice thing about the commission is that services are free, and
it offers the option of mediation between the parties, said Chris
Silberhorn, a civil rights specialist with the agency.
Complaints to the commission have to be filed 180 days after the
alleged discrimination or unfair practice occurred. Also try the
U.S. Equal Employment Opportunity Commission. In some cities in
Iowa, a charge can be filed with a local civil rights commission.
Experts at the state commission can give you answers regarding
your specific work situation. Call (800) 457-4416 or (515) 281-4121
in Iowa.
"All the complaints are strictly confidential," Silberhorn said.
If you do choose to file a complaint, a form can be printed from
the Web site and sent in. But be forewarned: This process isn't
a quick one. Silberhorn said it may take anywhere from a few months
to more than a couple of years before an actual decision is made.
During the state commission's process, individuals have the option
of closing their cases with the agency if they want to file a lawsuit,
he said.
The agency is a neutral party, so it can't dispense advice on what
to do, Silberhorn said. So if advice is what you want, hire a lawyer.
Many times, people want monetary compensation for the problems
they experienced in the workplace, Whitney said. But another common
request are provisions like diversity or sensitivity training at
the company.
Iowa has what's called "at will" employment, said David Goldman,
a Des Moines lawyer who practices employment law. That means employment
is voluntary and can be terminated at the will of either the employer
or employee, as long as it's not for an illegal reason.
One source Goldman recommended was the National Employment Lawyers
Association, www.nela.org.
If work is just making you totally unhappy and miserable - complete
with 60-hour work weeks without overtime pay, or sudden company
changes that mean you won't be getting paid as often - then one
California lawyer has this advice: Get a new job.
But if you do stick around and then feel as if you're unfairly
canned, document everything that happened, specifically dealing
with the termination, said Rita Risser, chief executive of Fair
Measures Corp.
"The sooner they document, the better, because if there is a lawsuit
a year down the road, they have these notes that can remind them
of what happened and it can lend a little more credibility to their
argument," said Risser, whose company trains managers and executives
in management practices.
If you're looking for an attorney, make sure to shop around and
get a second opinion, she said. Ask the lawyer how much money you
can get out of your case. Then you can compare that amount to how
much you may be spending on lawyer fees.
Lack of documentation is employers' biggest slip-up when in legal
wranglings with employees seeking compensation for wrongful termination,
Risser said. Written warnings to the worker should precede a firing.
"The most important things is that employees should never be surprised
when they're fired," Risser said. "Be fair. Follow all company policies
to the letter and don't let your emotions dictate what you do."
Risser said if an employee falls short of meeting his or her goals,
the boss should have that information, and when it was communicated
to the worker, in writing.
Was poor attendance the death knell? Risser said management needs
to have attendance records for not only that one individual but
also all workers. That provides evidence substantiating the firing.
"It's important that they document not only the problems but also
the star performers," she said.
Employers should include an "at will" clause in job applications,
said Andrea Woods, a member of the Society for Human Resource Management
from Arkansas. This allows employers to terminate an individual's
employment for any reason not otherwise prohibited by law or contract.
It also gives employees the choice to quit at any time.
Progressive discipline promptly clarifies the expectations of the
employer when a worker begins exhibiting inappropriate or poor behavior,
Woods said. That can start with a oral counseling, followed by a
written warning.
Consistent performance appraisals of all employees can help an
employer's defense in a wrongful termination suit, Woods said. Documentation
of this proves that workers knew and understood what their responsibilities
were. But to pull this off, Woods said that there needs to be adequate
training for managers across all departments.
Weekly WorkBytes column written by and for Gen-Xers learning
the realities of the workplace. Dawn Sagario and Chad Graham of
The Des Moines Register take turns writing this column each week.
Write the columnists at The Des Moines Register, P.O. Box 957, Des
Moines, Iowa 50304-0957.
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