Being let go is never easy, and it can be a huge blow to your confidence. Especially if you had been counting on that job for income, a social circle, and other major aspects of your life. Their first thought after being let go is to put their resume on job sites and start updating their LinkedIn accounts in the hopes of finding a new job and getting back on their feet quickly.

 

For some people, that is the right choice. Perhaps they got the severance package that they wanted, or they weren’t working at the company for very long, or maybe they just want to be able to move on with their life and find something else. However, for employees who feel that they have been wrongfully dismissed. Or who think that they did not receive enough severance pay. Securing another position right away might not be the best idea.

 

This article will give an overview of what the courts will look for when they are awarding damages to someone. What you can do if you’re stuck in a tricky situation. And what to expect if you’re going to start the process to try to claim money from your employer.

 

Why Shouldn’t I Get a Job Right Away?

 

This is meant for anyone looking to start legal action against their employer after being terminated from their job, rather than for those who are happy with their severance pay, who want to move on, or who have already signed a full and final release.

 

For anyone who does want to take legal action against their employer and who has not signed a release, it is important to remember that, if you do go to court, a judge will pay close attention to whatever you do after your layoff, and whether you did anything to make your situation better. This is called mitigating your losses.

 

The main solution that a court will offer if your company has dismissed you wrongfully or has not given you enough severance pay is damages, or more simply, money. Those damages will be calculated based on a number of things,. Including what the few months after you were fired look like. Judges will expect that, rather than sitting down and taking a financial loss after losing a job, you will claim employment insurance if you’re able to, and start looking for another position somewhere else.

 

The trouble arises if you do get another position and start earning income from there. A judge may choose to deduct any income that you earned from the damages (or amount of severance) that you can claim. 

 

Getting another job immediately after being let go may also make it more difficult to claim that you should have received severance from your previous job. Since it will be clear to the judge that you are easily employable. Notice and payment in lieu of notice (severance pay) are meant to help the employee as they potentially get ready to go a few months without work. But if you have already shown that you can get a job easily. A  judge may be less willing to go out of their way to make your employer give you a payout.

 

That All Sounds Confusing!

 

It probably does, doesn’t it? You’re supposed to look for a job, but not find one. Lest you lose out on a reward from a judge. It can be a confusing time in anyone’s life, which is why it’s best to reach out to an employment lawyer as soon as you feel you might have a case for more severance payor for wrongful dismissal. 

 

What you should prepare to do is wait for a few months before getting a new job. If you do want to take legal action. Otherwise, your claim may not be worth pursuing. Depending on your situation, an employment lawyer will tell you exactly how long that should be. During that time, you may want to try to claim employment insurance and begin searching for a job. Even if you don’t get one, show that you have been working toward getting employment.

 

Searching for a job may include updating your resume and posting it on various job sites without taking a new position. 

 

What Will an Employment Lawyer Do With My Claim?

 

Once an employment lawyer has verified that you do have a claim, the first step will likely be to send a demand letter to your former employer to try to make your case for getting severance to them. If your employer responds and is willing to negotiate, then you may be able to avoid court altogether. 

 

If your former employer will not negotiate, then your lawyer may suggest you move on to legal action. At that point, it will be important to start preparing your case. Including getting ready to show that you made efforts to mitigate your losses. Make your situation better by looking for employment. Since you were unable to find employment, you still have a case for receiving damages from your former company.

 

Conclusion

 

Losing your job can be a very scary time, especially if you don’t know what to expect. But, if you would like to bring legal action against your former employer. Then there are some steps that you should consider taking. Taking a new job right after being fired may reduce your likelihood of receiving damages in court. But a judge might still expect that you have done some research into other jobs to mitigate your losses. 

 

If you have more questions about what your steps after being let go should be. Please contact a qualified employment lawyer at Achkar Law. An employment lawyer can give you the best possible advice and can help you get the results you want. 

 

Contact Us

 

If you are an employee or an employer with questions about pregnancy or parental leaves. Our team of experienced workplace lawyers at Achkar Law can help. Contact us by phone toll-free at 1 (800) 771-7882 or email us at info@achkarlaw.com, and we will be happy to assist. 

 

If you are a small or medium-sized company looking for full-service support with a same-day response, visit our CLO Program page for our strategic solutions.

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