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Here's what to do if you find yourself fired
By DAWN SAGARIO The Des Moines Register

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.