What should you do if you think you’re going to get fired?
In this day and age, people are become more and more concerned about their job security. Even when the market was good, the last thing you want to see happen or have happen is to find yourself in a situation where you think you are about to get fired. Now, there is a difference between getting fired or laid off. When you get laid off, it’s usually due to some type of financial decision that was made by the employer in an effort to reorganize or save cost (Unless you think they are just saying that to get rid of you and that’s a whole different topic).
Usually, when you think that you are about to get fired, this situation usually occurs as a result of some type of ongoing tension between you and your employer. This tension can not only be distracting but also upsetting. The last thing you want to do is find yourself in a situation where you think that someone is going to drop the hammer on you.
Unfortunately, when people find themselves in this situation, their first instinct is to try and figure out a way to keep this from happening. Doing this can be tricky because you literally don’t know what the employer is thinking so it’s kind of hard to take any proactive step to stop this from happening.
But don’t think you’re completely helpless. You can do a few things to keep YOU on your game so that you don’t make your situation worse:
1) Is your employment unionized?
In most instances, if you are in a ‘union shop’ (i.e. you are a member of a union), the union representative is your best resource. If you think the hammer is about to drop, I would be quick to tell you to go and speak with you union representative. The reason I mention this is because invariably if there is a grievance procedure to go through, you will have to go through that first if there is any type of collective bargaining agreement in place.
2) Be careful of WHAT disciplinary actions may come your way.
You have to be mindful of any additional disciplinary actions. If you find yourself getting written up for things, make sure you take the opportunity to read what the allegations are. Most employers give you the option to ’sign or not sign’ and in some instances, you may have the ability to write a rebuttal. In any event, you want to be careful about any ‘additional disciplinary actions’ that appear to pop up from no where (especially if you’ve never had any problems in the past).
3) Keep an eye out on the BEFORE and AFTER!
What is your employment track record? If you’re an employee who has never been written up and gets great evaluations, you are probably going to be a bit concerned when you start noticing an increase in negative evaluations. Pay attention to how soon these ‘negative evaluations’ occur and more importantly, pay attention to the timing of these evaluations.
4) What type of state are you in?
Meaning are you an AT WILL state which means the employer can fire you for any reason or no reason (as long as it doesn’t violate any clearly defined law i.e. based on race, gender, age, etc.).
5) If this place is not a union shop (i.e. has a union) and you are what is called “RIGHT TO WORK” state, you need to be careful.
If you find yourself getting ‘verbal communications’ about things that you should do in an effort to improve your situation, you should a nice letter to the employer summarizing the content of these meetings and your understanding of what they want you to do and WHY they want you to do it. You should emphasize the facts (not the emotions) such as NO indication of corrective action (if that’s what happened). Be careful because when you start documenting, the employer will think you’re up to something but THIS POINT forward, you needs to be documenting everything.
6) Be SMART.
It’s amazing how GANGSTA people get when they think that someone is about to bring the heat! It’s even further magnified when they believe that they have had a reputation and livelihood effected. Be careful about being a pistol. The law is fairly clear that if the employer has a ‘personality conflict’ with an employee, this is different from discrimination. An employer may be able to put the heat on you for not getting along. You don’t want to do anything to trip over your own feet. I’m not saying you can’t be vocal about anything that may be illegal but you have to be careful not to come off as the unruly employee who is not trying to work with management to improve.
7) If they are going to let you go, there may be nothing you can do
Absent some express contractual provision or a provision in a union collective bargaining agreement, you may not be able to STOP an employer from you. You can possibly sue to get your job back. You can sue for damages. However, if they decide to let you go, that’s’ it.
IF you get fired, file (if you thinks you’ve been discriminated) right away.
The moment that the adverse employment action, you will have 180 days to file with the EEOC (I don’t know what the time line is for most states for a similar state action) but you don’t want to wait.
9) Don’t expect your co-workers to automatically have your back.
In an employment setting, when it’s a choice between your job and your friend, your Worker FRIEND will probably choose their job. Even though employers are not permitted to retaliate against an employee for participating in a situation like this, employees may still run scared because they don’t want their employer looking at them crazy.
10) GO TO A LAWYER!!!
Sometimes, lawyers can do certain things that may put the employer on notice that they better chill out if they are doing something potentially illegal. However, it’s important that you take the opportunity to speak with an attorney so you can understand and appreciate all of your options.
Let me be the first to tell you that there is nothing sexy about being in a position where you are worried about the financial well being of your job. With all of the stresses that you deal with in your day to day life, the last thing you want to have in front of you is a situation where you are freaking out about the possibility of losing your job. Be smart. Most importantly, if the climate of your job has changed, you may want to think about changing the weather. I know it gets kind of crazy when you’ve been in a job for a number of years but in the end, your sanity is much more important than a paycheck.
