First of all – if you’ve just been terminated or laid off from your job and you’re looking for answers – we’re sorry that you’re going through this experience. In our country, we often identify with our jobs as part of who we are: losing a job can feel like losing part of your identity.
Especially if you’ve given years of your life to a company, built relationships and friendships with your coworkers, and enjoy the work, losing a job can be devastating. On top of that, you’ve likely got more immediate concerns about how you’re going to pay the bills after losing your job and continue to support yourself and your family. We’re truly and sincerely sorry that you’re dealing with this. And we hope this article can help provide some answers.
1. Stabilize your income through unemployment benefits.
The most pressing thing many people need to do is make sure that they continue to have income during this period. Minnesota unemployment insurance is a great first step.
Unless you were terminated for “misconduct,” you’re probably entitled to unemployment compensation. You can apply for those benefits at this link. Learn more about Minnesota unemployment benefits here.
2. Don’t sign a severance agreement and release until you talk to a Minnesota employment lawyer.
Many employers will present employees that they fire or lay off with a “separation agreement” or “severance agreement.” Usually, the agreement will provide some amount of money as a severance payment – often as little as 2 – 4 weeks’ worth of wages – in exchange for the employee releasing the employer from any and all kinds of legal claims, including: wrongful termination, sexual harassment, discrimination, failure to accommodate, unpaid wages, and unpaid overtime.
Do not sign such an agreement until you’ve had a Minnesota employment lawyer review your situation. You should have a professional evaluate your situation to determine if you have any potential claims against your employer. If you have such claims, then you might be able to negotiate the amount of your severance payment to a number much higher than your employer initially offered.
3. Write down your thoughts on why you believe that you were terminated.
Your employer probably gave you the reasons it says justified your termination. Some common reasons that Minnesota employers give are: failure to meet performance expectations; substandard performance; and decrease in business.
Do you agree with the reasons provided by your employer? That is: do you think that your employer is telling the truth as to why it fired you? If yes, fine. If not, sit down and think about what you believe the real reasons are that your employer terminated you – no matter what reasons your employer is saying. Here are some important things to think about:
Did you ever make a complaint about discrimination or harassment (including sexual harassment) in the workplace? If yes, when? Who did you make the complaint to? Who was it about? Do you believe that played a role in your termination? If yes, why do you believe that? This could form the basis of a wrongful termination or workplace retaliation claim under Title VII or the Minnesota Human Rights Act.
Do you believe that your race, age, gender, pregnancy, disability, or sexual orientation was a factor in your termination? If yes, why do you believe that? This could be the basis of a wrongful termination or discrimination claim under Title VII or the Minnesota Human Rights Act.
Did you ever make a report of unlawful activity at work? Did you say that you believed the company or a supervisor or another employee was breaking the law? Did you think any of the company’s practices were unlawful? Who did you make the report to? When? Do you believe that played a role in your termination? Why do you think that? This could form the basis for a wrongful termination claim under the Minnesota Whistleblower Act.
Did you request medical leave at work? Do you think that was a factor in your termination? Why do you believe that? This could form the basis for a wrongful termination or interference claim under the Family and Medical Leave Act.
Were you injured at work? Did you request workers compensation benefits? Were you terminated shortly after your injury? This could form the basis for a workers compensation retaliation claim.
You may also want to think about:
Were you ever sexually harassed at work? By whom? When?
Did you work overtime? Were you paid time and a half for all overtime that you worked? Were you paid for all of your hours worked? Did you get meal and rest breaks? You may have claims under the Fair Labor Standards Act, Minnesota Fair Labor Standards Act, or Minnesota Payment of Wages Act.
Write down your thoughts to whichever of these questions you answered “yes” to or think are relevant. Your notes will help a Minneapolis employment lawyer analyze your claims.
4. Make a written request for your personnel file.
Minnesota law requires your employer to give you a copy of your personnel file upon written request by you. You should immediately request the file – in writing – after you termination so that you can review it and so that a Minnesota employment lawyer can review it. Here’s a sample written request that you can cut and paste (and fill in the relevant fields, like “date” and “address”) into an email or letter that you’ll send to your Human Resources department:
Date: _____________
To: Human Resources, Attention [NAME] [YOUR EMPLOYER’S COMPANY NAME] [COMPANY ADDRESS]
From: [YOUR NAME and ADDRESS]
Regarding: Request for Personnel File
Pursuant to Minn. Stat. 181.961, I request that you send me a complete and accurate copy of my personnel file. Please send the file to: [YOUR ADDRESS].
Sincerely, [YOUR NAME]
Make sure to save a copy of your email or letter request for your records.
5. Make a written request for the reason for your termination within 15 days of your termination.
Minnesota law also mandates that employers provide you the reason for your termination – in writing – if you make a written request for it within 15 days of your termination. This is important because it locks the employer into its story and makes it very difficult for them to change later when your employment lawyer proves their reason was false. Request this so that your employment lawyer can look at it. Here’s a sample written request that you can cut and paste (and fill in the relevant fields, like “date” and “address”) into an email or letter that you send to your Human Resources department or supervisor:
Date: _____________
To: Human Resources, Attention [NAME] [YOUR EMPLOYER’S COMPANY NAME] [COMPANY ADDRESS]
From: [YOUR NAME and ADDRESS]
Regarding: Request for Reason for Termination
Pursuant to Minn. Stat. 181.933, I request that you provide me the reason for my termination. Please send it to: [YOUR ADDRESS].
Sincerely, [YOUR NAME]
Make sure to save a copy of your email or letter request for your records.
Conclusion
No matter how you feel right now, please remember that you’re a good person who has something to contribute to this world. Some of the greatest achievements and success stories belong to people who were fired by employers too dense to realize their gifts, including: Steve Jobs (of Apple Computers), Oprah Winfrey (Oprah!), JK Rowling (Harry Potter books), Walt Disney, and Thomas Edison. Also, remember that you have rights. A host of federal and state laws protect you as an employee. Please take the steps above and consult with a Minnesota employment lawyer.
----
Joshua Newville is a Minnesota employment lawyer, civil rights attorney, and mediator. Josh litigates and advises on such matters as wrongful termination, whistleblowers, discrimination, police misconduct, and more. He offers legal consultations and online case reviews regarding employment law and civil rights.