How Should Workers React If They’ve Been Fired Without Reason?

Kivo Daily Staff on June 27, 2023

Image commercially licensed from Unsplash

Being fired without a valid reason can be an emotionally devastating experience for any worker. It’s not only hurtful to the individual, but it could also have financial and legal repercussions. Unfortunately, this type of situation is all too common in today’s workforce and many people find themselves unsure of what their rights are or how they should react. In order to protect yourself and your career, it’s important that you understand the steps you should take if you’ve been fired without reason so that you can move forward with confidence.

1. Gather Information:

Take the time to collect as much information as you can regarding your employment situation. This includes any documentation that was given to you at the time of termination, such as a letter of separation or notice of dismissal, and any notes taken during meetings leading up to your termination. In addition, make sure to save any emails or other written communications related to your employment. This information will help you determine if you have a valid legal claim against your former employer so it’s important that you document as much as possible.

2. Contact an Employment Lawyer:

It’s also important that you contact an experienced employment lawyer who can represent your interests and offer advice on the best steps for moving forward. An attorney can review all of the information provided by your former employer and advise you on whether or not they violated any applicable laws in firing you without reason. Your lawyer may be able to negotiate a severance package with your former employer or even file suit in order to seek compensation for lost wages. Also, a wrongful termination attorney can help you understand your rights under state and federal laws. They will be able to explain the process and help you make informed decisions that are in your best interest.

3. File for Unemployment Benefits:

If you’ve been fired without a valid reason, you may be eligible for unemployment benefits. These benefits can provide some much-needed financial assistance while you look for a new job or pursue other legal options. Your state’s unemployment office should be able to provide more information about filing for benefits and any requirements that you must meet in order to receive them. Also, your lawyer may be able to advise you on how to maximize the benefits that you are eligible for. For instance, some states offer additional benefits to employees who can prove that they were wrongfully terminated.

4. Consider Filing a Discrimination Suit:

If you believe that your termination was due to discrimination, then it is important to seek legal advice right away. You may be entitled to additional compensation for any emotional distress or other damages that you’ve suffered as a result of the termination. An experienced employment lawyer will be able to review your situation and advise you on whether or not you have a valid discrimination case. Additionally, they will be able to provide guidance on the steps that you should take in order to pursue a discrimination suit against your former employer. Also, if your case is successful, you may be able to receive additional compensation from the company for any harm suffered as a result of their discriminatory actions.

5. Take Care of Yourself:

It’s important that you take the time to care for yourself during this difficult period. Find ways to cope with your emotions and stress in healthy ways such as exercising, journaling, or talking with a friend or family member. Additionally, try to stay focused on your goals and be patient with yourself as you adjust to this new reality. Make sure to take advantage of any resources that may be available to you such as therapy or financial assistance programs. Also, consider seeking out a mentor or coach who can provide support and guidance during this time.

6. Look for New Opportunities:

Though it can be difficult to think about finding a new job after termination, it’s important that you keep your career goals in mind. Take the time to update your resume and apply for positions that align with your interests and experience. Additionally, look into any networking or professional development opportunities that may help you enhance your skills and expand your career network.

Facing an unexpected termination is never easy, but it’s important to remember that you have rights and resources available to help protect yourself. By gathering information about your employment situation, consulting with a lawyer, filing for unemployment benefits if applicable, considering a discrimination suit if necessary, taking the time to care for yourself emotionally and professionally, and looking for new opportunities can all be positive steps forward in this difficult process. Ultimately, understanding what legal recourse may be available as well as how best to move on from such an experience will empower workers to take control of their careers after being fired without reason.

Injured on the Job? How to Know if You Qualify for Workers’ Compensation

Kivo Daily Staff on June 1, 2022

Unfortunately, workplace injuries are a pretty common occurrence, and they can range in severity from a small cut to amputation or even death. Although workers’ compensation claims can be filed for almost any type of work injury, they’re usually only filed when the injury prevents the worker from actually working, and therefore, earning money.

Still, many workers don’t know when or if they should file for workers’ compensation to get their benefits. The requirements for receiving compensation after being injured on the job vary from state to state, but generally, these are the five requirements:

#1: You Must be Classified as an Employee

While this requirement sounds simple enough, it depends on how the definition of employee is determined at the state level. Most people would assume that it refers to a person who works for another person or company (so excluding business owners), but most definitions specify that a person is a salaried employee. This definition excludes contractors and other self-employed individuals who receive pay from a person or company.

Employee status can be defined as:

Being expected to work a set number of hours in a certain location
Your check has withholdings for income taxes/FICA
You receive a W2 to file income tax returns

#2: Your Injury Must be Work-Related

If you’re injured going to or leaving from work, or while away on break, you’re not eligible to receive workers’ compensation benefits. Also, if your injury does occur during work, but is the result of your own misconduct, you may not be eligible for benefits in this scenario either. However, you will be eligible for benefits if working on the job has caused and of the following:

Exposure to harmful substances (including COVID-19)
Mental stress (in certain states)
Repetitive motion injuries, such as typing on a keyboard
Workplace noise that results in hearing loss

If your job requires you to operate a motor vehicle and you’re injured in a wreck, you may be eligible for workers’ compensation benefits.

#3: Your Employer Must Have Workers’ Compensation Insurance

Almost all businesses are required by law to have workers’ compensation insurance, so the first thing you must do is ensure that your employer is covered. If they aren’t covered and you’re injured and have to miss work, you’ll have to file a workers’ compensation lawsuit. In some cases, you may also have to file a lawsuit to get your maximum compensation because a lot of employees find that the payout is insufficient. For this reason, it’s essential to be careful about signing off on the compensation offered by your employer.

#4: You Must Meet the Deadline to File for Benefits

When it comes to receiving benefits for a work injury, there are two deadlines that must be met. The first one is to notify your employer of your work injury that’s causing you to miss work. The majority of states in the U.S. give you 30 days to notify your employer, but South Dakota and Wyoming residents have only three days, while New Hampshire residents have up to two years.

The other deadline is the amount of time you have to actually file your claim. Most of the time, you’re okay if you file for workers’ compensation within a year of your work injury. Again, it varies by state with many states allowing their residents up to two years to file, and Minnesota allowing its residents up to six years! No matter which state you live in, it’s always best to do it as soon as possible.

#5: You Must Attend All Appointments Associated With Your Injury

Sometimes a work injury may require the employee to frequently visit the doctor, or receive ongoing care such as physical therapy. In order to continue collecting all of your workers’ compensation benefits, you must attend all required doctor appointments and exams, and receive all required treatments. It’s okay if you have to reschedule an appointment here and there, but constant rescheduling is a red flag and your employer can legally withhold your benefits on the grounds of medical noncompliance.

Keep in mind also, that workers’ compensation benefits are only required to cover lost wages and medical costs. So if you’re not going to the doctor, there are no medical costs that need to be paid.

These requirements are similar for families of an employee that was killed on the job, or died as a result of injuries sustained from the job. This is known as a workers’ compensation death benefit, and it’s typically limited to the deceased worker’s spouse and or/dependants (e.g., children).

Tag: Workers