Corporate downsizing and company layoffs make everyone nervous. During times of economic uncertainty people see signs everywhere: Meetings with the manager. Memos from HR. Whispers around the water cooler. You start worrying about your last performance report and the project that went over budget.
If you think you might be fired, don’t panic. There are things you can do to cushion the blow, and things you should avoid doing to keep a possible termination from becoming real.
Jump ahead to:
- Things you should do
- Things you should not do
- Wrongful termination, discrimination, and retaliation in Texas
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What You Should Do
The first thing you should do is wait. Many times, the rumor mill leaps ahead of reality, and layoffs and terminations never happen. If you work under a union contract or collective bargaining agreement, your boss must follow certain steps before you can be laid off or fired. If you have an “at-will” employment agreement, your employer must still follow company policy regarding disciplinary action and termination.
Continue to do your job to the best of your ability.
It can be hard to soldier on when you feel you’re facing termination. If you suddenly stop doing your job, or encourage others to stop doing their jobs, you are giving your employer more reasons to let you go.
One sign of impending termination can be getting asked to train someone to replace you or create a training manual for your position. If asked to do so, do this competently and professionally.
Review your employment agreement and employee handbook.
There are rules about how employers must handle layoffs and terminations. Large employers may have to follow the WARN Act if the layoff or mass firing affects more than 50 employees. If it’s just you, then your termination may have to follow your employment agreement regarding disciplinary action.
Review your job history, including disciplinary actions and commendations.
While not universally required by law, your Human Resources department may provide access to your personnel file on request. It should include any disciplinary actions, verbal warnings, written warnings, suspensions and so forth. It should also contain any commendations and positive reviews from your managers.
Create a chronological list of actions for and against you, and keep it safe, ideally at home. Have it on hand in case you are terminated.
Ask for feedback.
If you think the upcoming termination is because of something you’ve done, and you’re on good terms with your manager, just ask if there’s anything you can do. If you’re comfortable discussing things with your management or Human Resources, it’s better to get your fears out in the open.
If your company is facing a corporate layoff, or you think you’re facing a wrongful termination or other issue, continue to the rest of this article.
What You Should Not Do
There are some things you should never do when facing a pending layoff or termination, no matter what the cause. Even if you know you’re about to be wrongfully terminated by a vengeful boss, never do any of these things.
Don’t disparage your company online.
Resist the urge to head for Facebook, X, or Instagram and unload on your company or your boss. Not only will this give your company more reason to fire you, but it can also make it more difficult to find a new job after your termination. [internal link to social media article here]
Avoid the desire to post negative reviews on Yelp or other job review sites as well. When your emotions are running hot, the risk of posting something libelous (and thus actionable) is too great. Invite a friend or family member over and rant to them instead.
Don’t steal or damage company property.
On many social media sites like Reddit, people brag about the petty acts of revenge they took against their bosses. Most of these are fake. Never steal or damage anything before you’ve been fired, and certainly not before you’ve officially been let go.
This includes taking your own work product. If you review your employment contract or employee handbook, you will see that anything you created belongs to the company, so taking it amounts to theft. There are two exceptions: One is if you are an independent contractor and your contract allows you to take your own product; the other is if you are a whistleblower involved in an active case (see below).
Don’t email yourself sensitive information.
Or any information. See above. If you email yourself anything, make sure it follows your company guidelines about emailing data outside the company. Emailing files, like taking hard copies, can be theft of company property depending on your contract.
If you need copies of your emails or other files for legal action, your attorney can obtain them later.
Don’t get into an argument with your boss or other employees.
Don’t discuss your beliefs about possible termination with anyone. If you think you might be in line for termination but there hasn’t been a confirmation, keep your suspicions to yourself. You could be wrong, or you could turn a simple firing into something that involves law enforcement and upper management.
Wrongful Termination, Discrimination, and Retaliation in Texas
It is illegal in Texas and all other states to fire someone for reasons related to their race, religion, gender, or any other protected category. It’s also unlawful to fire someone for:
- Reporting certain statutory violations or harassment (whistleblowing)
- Participating in an investigation into certain statutory violations or harassment
- Refusing to carry out an illegal activity (public policy)
- Inadequate “cause” if required In an actual or implied contract
If you suspect that discrimination or retaliation may be to blame for your termination, make a list of relevant incidents. You will need the help of an employment law attorney to recover damages after your termination.
Keep the list at home. Don’t share it with any coworkers or put it online. These incidents may point to discrimination or retaliation, and they may not. Read more here about discrimination and protected classes, retaliation, and whistleblowing.
Make a claim for discrimination or other wrongful treatment with HR
If you have not already done so, inform your HR department or other appropriate person of your claims that you have been treated wrongfully. It may be best to consult with an attorney regarding what to say and how to say it, but it is important that you have made a record of your allegations. Do so professionally and appropriately. Put your claims and their factual background in writing if possible.
You can request a free case evaluation from Jackson Spencer Law lawyers by clicking here. You can also email Jackson Spencer Law attorneys at contact@jacksonspencerlaw.com.
