When given a
termination slip
(or simply ordered to leave), an employee's first
reaction is “What will happen now?” If
the employee has been part of the organization for
a long time, with a decent job record, the first reaction
should be “How can I save my job?” Instead
of immediately taking the knee-jerk reaction of cleaning
out his/her desk or locker, the employee should study
the employer's “policies and practices”
handbook or other written statement regarding the
terms and conditions of employment termination, available
from the firm’s human resources (personnel)
department or executive.
Go through the rules and regulations
in the handbook carefully. It may spell out conditions
on how and when the services of an employee can
be terminated. If the handbook states that a pre-notice
needs to be served before firing any personnel,
and if in his/her case this was not followed, then
the employee can call this to the employer’s
attention, since it is like an agreement. The employee
may be reinstated and due procedure may be followed.
If the handbook does not provide
the employee with any breather, he/she might think
of possible ways to stay with the employer for at
least a little while longer—perhaps to extend
service time, which might help in fulfilling conditions
regarding a pension and retirement plan. The stay—and
remaining on the payroll—can also help while
looking for other job opportunities.
The employee may also seek out a
higher authority for help in retaining or reinstating
his/her job. With nothing to lose, it is wise to try
every possibility that can help in saving the job.
Points to consider
after being served the termination notice:
 |
It is hard for an
employee to keep his/her mental balance after
being served a job termination notice, and then
finding no options for keeping the job. He/she
is better served by not showing any emotional
turmoil in front of colleagues or higher authority.
It is always better to stay calm and not indulge
in name-calling, since this kind of behavior might
hinder any chances of negotiation with authorities
or possible future reinstatement. If there
is no chance of reinstatement, the ex-employee
should walk out of the company with head held
high and good relations. Don’t burn your
bridges, especially if you’ll be asking
for job references. |
 |
If a company authority is willing
to have a word with the employee on possible reinstatement,
he/she should be flexible and ready to compromise
on certain aspects. Be open to part-time work,
contract (freelance) work, a possible transfer
to another location, appointment to another position,
a lower pay package, etc. |
 |
If the company fires employees
because of poor performance, they may ask the
authority to take them back on a probationary
basis to determine their job efficiency. |
Filing an appeal against wrongful
termination
If the employee’s efforts to
get back his/her job though informal channels do not
work out, he/she may take a formal route. Before taking
on outside help, it is advisable to file an appeal
via an internal grievances procedure.
 |
First, the employee
should follow the written official grievance or
complaint process and procedures for challenging
the termination within the company. |
 |
Second, there is a stipulated
duration during which the employee can file his/her
appeal challenging job termination, and must do
so only before relevant authorities. |
 |
The employee should make written
requests and document all the papers, including
any replies to his/her appeal by the designated
authority. |
 |
The manner of the correspondence
should be thoroughly professional. |
Union employees have an edge when appealing against
wrongful termination. Both employees and employers
are bounded by the union contract, and there is a
provision for neutral arbitrators to hear illegal
terminations.