LABOR & EMPLOYMENT LAW / I AM ABOUT TO BE FIRED WHAT DO I DO?

I am About to be Fired – What Do I Do?

If you believe you are about to be fired, there are a number of steps you should take to protect your rights.

  1. Ask for your personnel folder – every employee has a right to a copy of his or her personnel folder.  Write a request to HR seeking your file.
  2. Ask for your time records – ask your payroll department for a copy of all or your timesheets and pay stubs during your employment.
  3. Get a copy of Employee Handbook – ask HR for a copy of your employer’s handbook or manual or other policies affecting your employment.
  4. Copy your own documents – make a copy and take home all emails or other documents that you received or sent and all personal documents.
  5. Document complaints – if you believe that you have been discriminated against or harassed, make one or more written complaints to your employer describing all the ways in which you believe that you have been discriminated against or harassed during your employment.  A copy of these complaints should also be provided to your Human Resources Department.
  6. Make a request for accommodation – if you have a disability and believe you are not being accommodated, make a written request for accommodation to your employer, describing all duties and tasks that you can perform and requesting what accommodations you need to continue to perform your job.  A copy of these requests should also be provided to your Human Resources Department.
  7. Contact our office – If you believe you are about to be fired for an illegal reason, including as a result of discrimination, harassment, whistle blowing, or retaliation, then your legal rights must be protected. Call the California labor and employment lawyers of Aiman-Smith & Marcy to discuss your circumstances today.

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