5 Important Points To Ask Your Employer When You Are Being Fired Or Laid Off
An employee suffers an unwelcome stressful experience when he/she is on the verge of being fired or laid off. These situations can have a terrible impact on any person’s profession. It might end the career of the people or put them to face serious hardships. If you or any of your friends is struggling with this issue, then it is wise to seek the answers to the below-mentioned points and hire an employment lawyer who would help you in protecting your entitlements and rights under the law. Even if you can’t afford to hire an employment lawyer, the following mentioned points will aid you to claim your entitlements and rights in situations of being fired or laid off.
- Seek the reasons for being fired or laid off
The difference between lay off and fired is quite simple. A lay off means an impermanent suspension of work, whereas being fired signifies a permanent termination of work. If you are witnessing such a state of affairs, then your employer should clear the doubts related to the termination is temporary or permanent. Anyone facing permanent termination should be provided with the answer that the employment of a person is being terminated ‘for cause’ of ‘without a cause’.
If your employer claims to terminate your employment ‘without a cause’, then they are not obligated to inform any reason to you. While if the termination of employment is ‘for cause’, then the employer should inform you of the reasons that lead to your termination. Any employee who gets fired ‘for cause’ can suffer serious issues like no provision of financial compensation or any prior notice related to termination, which can affect his/her chances of being hired again. In these cases, it is thoughtful to look for the Mississauga employment lawyer who will aid in negotiating some terms during this termination process and determining whether the cause is valid or not.
- Know the authenticity of the reasons for the layoff or fired
In the cases of permanent termination, the employee must be informed of the reasons that lead to his/her termination. If the particular employee is a representative of a union, then the employee and the union must seek the authenticity of the given cause provided by the employer. In the case of a private employee who suffers a termination ‘without a cause’, then the employer is not obligated to provide you with any reasons related to your termination.
Any federally-regulated employees can be fired by their employers without any cause due to job discontinuance or deficiency of work. So if you belong to this category, then you must ask your employer that your employment termination lies in either an employee who has been in service for at least 12 months or he/she is a non-people manager.
- Request for a recommendation letter
It is implausible that the employer will accept this request, however, the employer might provide you one letter of recommendation for any strategical or legal reasons. In such cases, the employer agrees to hand over a reference letter, which would help in getting a new job. Moreover, you should ask your employer about the person who would be writing a reference letter for you that would be presented in front of a prospective new employer. In such events, an employee must seek the help of the Mississauga employment lawyer who will aid in negotiating the statements to be written about your services to the company in your recommendation letter from your former employer to the future prospective employer.
- Seek the entitlements offered in your termination package:
Before leaving the company, it is wise to ask your employer to explain the facilities offered in your termination package. It is beneficial if the termination package must include severance, allotment notice, benefits and accumulated vacation pays.
So, it is highly recommended to get the severance package re-examined by the Mississauga employment lawyer an employee may be qualified to receive more benefits than what is being offered by your employer. If you are in doubt when you would land in your next job, then the employee should not reject the severance pay.
- Ask your employer to provide you with some time before signing a release:
When an employee gets fired, he/she receives a “release” document to sign along with a termination package. In simple words, a legit document which affects an employee’s legal rights is called a release. Hence, the release must be first reviewed by the Mississauga employment lawyer because signing the release document will stymie the employee from putting any claims to the employers about any legitimate entitlements in the future.