Whether you are taking a 'package' offered at your company for retirement, your position is being elimated or you are part of any downsizing you should know what you are signing before you do. *Click the Title / Photo for Information*
Step 1: Review Your Company's HR Manual
Step 2: Keep a Journal
Step 3: Contact the Equal Employment Opportunity Commission
Step 4: Call a Lawyer
Step 5: DON'T SIGN ANYTHING!
- You must be in a protected category of gender, race, age, or disability. You may also have facts which indicate that you are being retaliated against or have suffered some other form of wrongful termination.
- You must have suffered some "adverse" employment action-i.e. you must have been terminated, suspended, demoted, denied essential benefits of your job, put on a performance improvement plan without justification, etc. Note that you must file your EEOC charge within 180 days of this event.
- The employer is not able to show a legitimate business reason for the employment decision. This means that you should not have given the employer a good reason to fire you because of your performance or the employer cannot point to statistical data which shows that you are not the only individual being terminated. Performance based reasons can sometimes be fabricated but you must be in the position to prove that that is the case.
- There is a consistent pattern of you being treated differently from others in your department or at your position. This is the key element-disparate treatment. You must be able to show that you are being treated differently from peers or others in your department and that the reason you are being differently is because of your membership in the protected category.