Understanding Your Rights if You Are Fired

• Author: Randy Freking
• Profession: Labor employment lawyer
• Pages: 55-63

55

CHAPTER

6

Understanding Your Rights

if You Are Fired

As explained earlier in Chapter 1, a wrongful, immoral, or unethical decision by an employer is not

enough by itself to bring a so-called “wrongful discharge” lawsuit. Instead, a former employee must be

able to identify a specific law that establishes that the discharge was unlawful, and not just unfair.

The following pages are designed to acquaint employees with their rights and obligations upon ter-

mination of employment, as well as to suggest approaches to negotiate severance pay.

Chapter 9 addresses the question of whether to seek legal advice and, if so, how to find the right

lawyer for you.

Am I Entitled to Unemployment

Compensation?

You are generally entitled to unem-

ployment compensation unless you

have voluntarily resigned, committed

some type of misconduct, or engaged

in other behavior that would constitute

“just cause” under your particular state’s

law. The eligibility standards for unemploy-

ment compensation vary from state to state.

TIP

If you are denied unemployment

compensation, you have a right

to appeal the decision. It may

be wise to consult with an em-

ployment attorney either before

you apply or to assist with your

appeal.