Forty-nine U.S. states are at-will employment states, which means that either the employer or employee may unilaterally terminate their relationship at any time and for any reason. Several federal and state laws have somewhat narrowed the scope of an employer's ability to fire an employee. For instance, due to Title VII of the Civil Rights Act of 1964, employers may not fire an employee for discriminatory reasons connected to the employee's race, sex, religion or national origin. If you suspect that your employer has violated this or another law during your termination, you may be able to get your job back.
Step 1
Leave immediately when you are given a termination notice and follow any procedures your employer requests regarding your termination. Though you may be tempted to argue your termination on the spot, the argument will likely get you nowhere. Instead, comply with instructions and plan to explore your options after you have left.
Step 2
Meet with your company's human resources department to discuss your termination. Consult your employment contract or employee handbook for provisions related to employee disciplinary action. If the employer did not explicitly follow the provisions outlined by the company policy, you may be able to successfully appeal your termination with human resources.
Step 3
Contact your union representative if your job position is unionized. Employers have often agreements with unions regarding discipline and termination. Additionally, union representatives often have channels to communicate termination appeals that are not available to individual employees. Request that the union represent you in the termination appeal, and ask if it has any additional information regarding agreements between the union and the employer that may save your job.
Step 4
Consult with an employment law attorney to see if your employer has violated any state or federal employment laws. In addition to prohibiting discrimination on the basis of race, sex, religion and national origin, federal and state laws may also protect you from discrimination on the basis of age, sexual orientation, gender identity or other factors.
Tips and Warnings
- Even if you believe a meeting with human resources or with your union will be successful, it still may be in your best interests to consult an attorney immediately after you are terminated. A lawyer can assess your situation and determine your best legal course of action. Additionally, he may identify important, time-sensitive requirements, such as filing a complaint with the Equal Opportunity Employment Commission. Make sure you actually want your job back. If you were fired for discriminatory reasons, the job environment you left may not be one you really want to return to. Nevertheless, a wrongful termination suit may yield monetary awards even if you do not want your job back.
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