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Fired, Laid-Off or Forced Out

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Fired, Laid-Off or Forced Out

A Complete Guide To Severance, Benefits and Your Rights When You're Starting Over

Sphinx Publishing,

15 min read
10 take-aways
Audio & text

What's inside?

If you fear you're about to get the ax, begin damage control and protect yourself now.

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Editorial Rating

7

Qualities

  • Applicable

Recommendation

If you're in danger of losing your job, Richard C. Busse provides advice about how to turn things around and improve your relationships at work. If you do lose your job, he explains how to cope with termination, negotiate the best settlement and understand your rights. He answers many questions about U.S. employment laws and how they differ from state to state. getAbstract recommends this book to anyone who fears he or she may be "fired, laid-off or forced out" of a job, now or in the future. Managers, supervisors and human resource professionals will also find useful tips about legal issues and conducting performance evaluations properly, so they can avoid the risk of wrongful termination lawsuits.

Summary

Life Isn't Fair

Employers are under no legal obligation to be fair to their workers, nor are they required to hire or promote the most qualified applicant for a position. They can fire you if your job duties change and you refuse to comply. They can fire you for stating an opinion with which they disagree or that they find offensive, except in Connecticut. They can reduce your pay with notice. Only certain types of harassment, discrimination or retaliation are illegal – such as those based on religion, disability, race, sex, color or age.

Most U.S. employees work "at will," and their employers can terminate them at their discretion, without cause, except under the following circumstances:

  • They work in Montana, where the laws say otherwise.
  • They are part of a protected class or engage in a protected activity.
  • They are protected by a union agreement or the termination violates public policy.
  • They are nonmanagement, government employees working in the public sector.
  • Their contract specifies that they are entitled to due process.
  • They are protected by a whistle-blower statute.

Take Positive Steps

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About the Author

Richard C. Busse is an expert in labor and employment law, and has been practicing as a plaintiff's employment law attorney since 1981.

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