Friday, January 1, 2010

Preparation for an Employment Law Suit

KEEP A JOURNAL: If you have, or believe you have, a claim for wrongful termination, discrimination, or harassment you need to document what has happened to you. You should do this in a log or journal separate from any journal or diary you may already keep. This record should contain dates, times, places and include details of what was said or done. It should be complete and contain quotes of exactly what was said. Do not show it to anyone else. If you keep a proper journal it may be privileged from disclosure in litigation as "work product." Do not take documents from your employer's place of business if doing so would violate a company policy. Make note of what any important employer documents say, specifically, and make note of where they are located.
FILE FOR UNEMPLOYMENT: If you have been terminated it is important that you file for unemployment. The fact that you were fired does not necessarily disqualify you from collecting unemployment. Keep all of the documents associated with your unemployment application. It is often the case that an employer will tell an employee that the reason for termination is one thing and tell the unemployment office something completely different. An employer's response to your unemployment application should be provided to you by the unemployment office. Keep a copy of that response and all other papers you are sent in the process of the application or appeal. Be certain to do everything the unemployment office asks you to do to maintain your unemployment claim and benefits. A link to the Utah Department of Employment Security if found on this website.
LOOK FOR WORK: If you have been fired you must look for work. You need to make at least two applications a week to qualify for unemployment. The law requires you to mitigate or lessen your damages and the best way to do that is to find another job. You do not need to take just any job but must be actively seeking a job comparable in pay to the one you lost. Keep complete, accurate records of your job search. Keep a written record of every job for which you apply in any fashion whatsoever. That means keep track of every application you complete, every resume you mail, and every e-mail you send. For each job you have applied for keep a record of what the job was, who the employer was, who the contact was with the employer, and what the compensation is or would have been. Keep all of these documents in a single place so you can have easy access to them if you need them. We recommend that you make at least one contact of some variety seeking employment each business day.