You've just been fired --- Now what??? What to do when you lose your job -

Write it all down while it’s fresh: The timeline, Everything that happened, Who knew what and when they knew it. Get it out of your system. Rewrite it.  Whittle it down so it’s coherent.  Then use that as your starter document for your attorney consults.   DO NOT SEND IT TO YOUR EMPLOYER.  DO NOT SEND IT TO THE BOARD OF DIRECTORS.  DO NOT POST IT ON FACEBOOK.  Be Smart and go to the next step.

Eventhough California is an At Will state, that doesn’t mean Corporate America can throw you away.  Reach out to an attorney to evaluate the situation surrounding your job loss.  Were you singled out for an unlawful reason?  If you were terminated in violation of public policy (“Wrongful Terminaton in Violation of Public Policy”), you have a case.  Did they make up an excuse to fire you after you were a good employee all those years?  That’s called “Pretext” and it’s not ok. People aren’t disposable.   An attorney can help you identify a number of causes of action you would have.  

Consult with a few attorneys about your situation.  The attorneys listed on CELA.org only represent employees.    If you ask 30 attorneys a question, you will get 30 different answers.  Find someone who resonates with you.  If you do pursue litigation, you want to be aligned with someone you like and respect

Release the shame and misery as much as you can.  Everyone loses a seat at the Musical Chairs game eventually.  When the new manager arrives or reorg occurs, they bring their clique to the party and get rid of legacy folks.  Or maybe you changed or were going through a health issue that changed things, and they didn't want to accommodate you.

If you are truly depressed, seek the aid of a psychologist or medical professional to get you through this situational circumstance.  

Keep a journal of your feelings and distress, doctors visits, and medications, mileage and expenses.  It will be therapeutic to write it down, and invaluable if you do litigate.  

Get your unemployment benefits going while you gear up to find your New Opportunity.

Get someone to help you write an appealing resume.  That one you used 10 or 20 years ago, needs to be overhauled.  Styles of resumes change every few years. 

Go out on interviews on jobs you don’t even want.  You need to practice your interviewing skills.  So exercise that muscle on the crappy jobs.  Then you will have some game when you find a job that really suits you.  Keep track of all jobs you apply for because if you do have a lawsuit, you must prove mitigation.  Mitigation is where you attempt to find comparable work.  You don’t sit home on the couch eating bonbons, waiting for Lotto or your trial outcome as your retirement solution.  It’s tough to get a job, so you are going to have to get a lot of applications out there to hit gold.    

Living Well is the Best Revenge --- Really!  Give yourself a little time to grieve, but then Get On With It.  If you have a case, get an attorney to run with it.  Let them handle the pressure of that.  You need to start visualizing what’s next for you.  Maybe you will start your own company down the road?  Volunteer.  It gives you perspective and makes you feel good inside. You have so much to offer. 

Remember --- This is Actually Your Opportunity.  You have a blank slate in front of you.  Intentionally pick what you want next by checking in with yourself. Don’t just wander into a job which may have happened when you found this last job.  Think of what lights you up.  Follow your curiosity.  What stirs your soul?  Life is short.  Don’t spend it in a box that makes you miserable.   Your skill sets and life experience are transferable.  Jobs exist now that didn’t exist 10 years ago.  Evaluate your priorities - is remote work or a flexible schedule most important now? Be open to the possibilities that what you want to do will be out there.  Focus on the exciting part of the unknown, not the fear.  Paint that blank canvas in a way that makes you smile!

Hostile Work Environment By Scott Reece, J.D.

Over the many years that I have dealt with the intricacies of the laws established under the Fair Employment and Housing Act (FEHA), I have noticed that often, potential clients have done some research regarding their situation before they seek assistance from a lawyer.

In some cases, they may have heard or seen terms of art used in an employment-related matter and interpreted the “term of art”(a word or phrase that has a particular meaning) to mean something other than what it means in an employment law setting.  One such term is “hostile work environment”.

Generally, I believe most people have experienced a generically hostile work environment.  A boss who often yells at everybody and constantly puts people on edge; a co-worker who has a body odor problem.  These types of things can be nerve-wracking and hostile.  But these types of often serious annoyances do not constitute hostile work environments in the legal sense.

Protected categories under California employment law include age, race, gender, ethnicity, disability, sexual orientation, and religion.  For a hostile work environment to exist, the hostile behavior has to be tied to one or more of these protected categories.

Hostile work environment is defined under the FEHA laws as inappropriate severe or pervasive harassment that creates an offensive or abusive work environment for one or more employees.  There are two main elements that need to be proven to prevail with such a claim. 1) The actions were repetitive or occurred repeatedly.  2) The severe or pervasive conduct must be targeted at a protected characteristic or trait.  So, occasional or isolated incidents would probably not meet the burden. 

In the workplace, a supervisor or co-worker who harasses a person or persons by targeting a protected trait, which offends someone or many, may be creating a hostile work environment under FEHA laws.  The offended person(s) need not necessarily be a member of the protected class.  I am sure you can imagine or maybe have experienced such a situation.

This is intended to be a very general, basic discussion of this term of art.  There are many in the law, and many relating to employment law.  If you are in a hostile work environment that does not meet the legal definition, your recourse is with the company.  Check the employee manual as there may be a stated policy regarding the issue that you can take to your supervisor or HR to be addressed.

If, on the other hand, you believe you may be experiencing a hostile work environment under the law, contact our firm.  We are experienced at dealing with all employment matters including wrongful termination, FEHA, Title VII, wage-and-hour enforcement, and federal employee representation.

Tackling the Dreaded Deposition By Kelli M. Farrell, Esq.

After weeks or possibly months of litigation your case has finally proceeded into the discovery phase. This protracted process has resulted in your deposition notice. The much anticipated -- and more likely dreaded -- day is quickly approaching. At this point feelings of fear and uncertainty are completely natural. 

What will they ask? Will I perform well? What if I don’t want to answer a deeply personal question? What if I don’t know the answer? Will they even believe me?

 All of your questions are valid and understandable. A deposition, for those first timers (or even an experienced deponent) can cause a level of anxiety unlike anything else. How you prepare and perform can and likely will impact the success of your case. Although there is no substitute for preparation, keeping these simple 5 tips in mind can, and likely will, ensure you present your best self on deposition day.

 1.     Stick with the Truth

 The truth doesn’t change. It is also much easier to remember and keep straight than a lie. Contradictory or changing answers will call your truthfulness and overall character into question, which will likely hurt your case down the road. Your best bet is to always tell the truth.  Do not lie or be creative.  It will bite you.

 Additionally, prior to the start of your deposition you will be sworn in by the Court Reporter. What that means is that your testimony will hold the same weight as it would in a courtroom. You are required to tell the truth and can be subject to penalties if you perjure yourself during your deposition. Bottom line, the truth is and always will be your best bet.

 2.     Listen Carefully

 It is imperative that you are listening to the attorney’s question in order to produce the most honest and accurate answer. If you are unsure of what the question was, ask the attorney to repeat the question. If the question is confusing or was phrased in a way that you do not fully understand what you are being asked, simply ask for the question to be rephrased. It is better to ask for the question to be restated or rephrased rather than giving an answer to a question you are unsure of. The last thing you would want is your truth to be manipulated by the other side.

 3.     Only answer the question you are asked

 You will be asked specific questions intended to produce specific answers. Don’t over divulge, engage in a narration or try to make your preferred answer fit the question. This can lead to objections from opposing counsel, or even worse, you offering up too much information that will later be used against you. Keep it simple. If you are asked what time it is, don’t explain how a clock works. Simply answer the questions as concise and complete as possible. It is the opposing attorney’s job to do the work and get the answers they want, don’t make their job any easier by offering more information than you were asked for.

 Your deposition alone CANNOT win the case, but your poor deposition alone can lose the case.  Do not try to win the case.  Just survive it.  Stay with the facts pertaining to the questions asked. Do not try to help or be creative.

 4.     It’s okay not to know all the answers 

 Being asked a question for which you don’t know the answer can cause a wide array of emotions. Fear, anxiety, annoyance, frustration, and embarrassment are just a few that come to mind. In other life situations, a guess or assumption may be appropriate. BUT NOT IN A DEPOSITION!  Do not guess or speculate during a deposition. If you do not know the answer, say “I do not know.” If you knew the information at some point, but have since forgotten or cannot be sure, say “I do not recall.” Your best answer is once again the truth, so if you do not know for sure or cannot recall then simply say so.  Do not avoid unpleasant answers with a river of “I don’t remembers”.  You will appear inauthentic as your memory will be crystal clear on other topics but conveniently poor on others.

 5.     Stay Calm

 It is 100% normal to feel uneasy during a deposition. But don’t let your nerves or the attorney’s questions get the best of you. You should avoid answering questions in a defensive, argumentative or apologetic manner. Your attorney is there to protect you, let them do the fighting.

 Remember to remain calm.  Breathe in and out at least one full breath and think over the question and your answer before you speak. Always give your attorney a second or two to make any objections on the record before you answer the question. This pause not only helps your attorney possibly prevent you from answering a question that the defense is not entitled to, but will also give you a chance to breath, think and respond with your best, most accurate answer.

 There is no speed limit on answering.  Your deposition will be booklet.  It doesn’t matter if you took 5 minutes to think thoughtfully about your answer.

 

Keeping in mind the above tips should make the deposition process a little less nerve wracking. Remember, at the end of the day, a deposition is nothing more than a question and answer exchange between you and opposing counsel. Take this opportunity to tell your side of the story and stand up for what is right. After all, YOUR TRUTH doesn’t change. 

Working At Home: Employee Reimbursements By: Kat Hirschfeld, Paralegal

A silver lining in the midst of this pandemic is perhaps the appreciation of our advanced technology capabilities and pervasiveness of home internet, which not only connects us instantly via our phones  and computers for social interactions, but also allows employees to work remotely. From a big picture perspective this reduces potential lawsuits for employers as they reduce the risk of employee exposure to the virus. However, The California Labor Code has very specific regulations for remote workers and what they are entitled to in the way of reimbursements, potentially exposing employers to violations of the Labor Code. Most of these considerations apply to workers who are mandated to work from home, versus voluntary remote workers, where the company has an onsite location that allows for a safe work environment.

When working at home, even if employers provide company issued computers, printers and other equipment, most employees are still using their personal cell phones, home internet and electricity. Obviously, these items are necessary to be able to work from home. Thus, Labor Code §2802 requires employers to reimburse employees for necessarily incurred by the employee in direct discharge of their duties for the employer. So, if it is necessary to use your home internet to connect to a work zoom meeting, your employer should be reimbursing you for a reasonable percentage for your home internet bill.

Some of these expenses can get confusing since an employee’s cell phone and home utilities are not exclusively used for work purposes. California courts have ruled that even if the business use of the personal property (i.e. a cell phone), does not cause the employee to incur a cost beyond their usual monthly rate, the employer is still responsible for reimbursement to the employee. Unfortunately, neither the Labor Commissioner nor the court provide the exact amount of expense reimbursement under Labor Code §2802, which leaves employers exposed to liability for a legal claim.

            The best way for an employer to avoid this potential liability is to provide a monthly stipend for such expenses. The employer can provide a reasonable estimate in calculating the stipend amount, and in the same breath the employee can provide documentation showing why an estimated amount may be inadequate. The key here is communication between the employee and employer. Setting expectations of what the employee requires to create an efficient work space at home, what are necessary and reasonable expenses the employee can submit to the company, and the policy for submitting such expenses should be discussed and revisited throughout the tenure of the employee’s remote work status.

            Many employers are seeing the benefit of having remote workers, with lower overhead and increased employee productivity in many situations, it’s hard not to see the positives. Consequently, in the same way employers should follow the Labor Code at the onsite workplace avoiding the headache of potential liability, employers should also seek the same compliance with employees working from home.

Helping you find your options is a passion!

Helping you find your options when you've been fired is my passion!  

I started my law firm in 2006 after Corporate America's Musical Chairs game ended for me too. It was the best thing that ever happened to me!  I like being able to help effect positive life changes.  And I'm proof that you can create a specific and rewarding career when you focus on what you want to do with the blank slate in front of you.

Although it seems scary right now for you, this fork in the road is an opportunity for you to create your next opportunity.  The legal part of it is taking care of Old Business.  It's just Closure. Getting you to believe in the potential of your future, that's where the Magic Is!   Picture your future as a blank canvas.  If you could paint your future to be anything, what would it be?  

Deal with the potential litigation you have with perspective.  It isn't your whole future.  Litigation is a step to get back your power and your dignity.  One day you may look back at this time as where your next opportunity began!

Have you ever practiced meditation and mindfulness?  Look into that if you haven't.  It stops that ever-jabbering committee in your head so you can feel into your present and make room for your future options to appear.  Just breathe.  Longer breaths out than in slow everything down and decrease the worry.  3 of those in a row is a good start!  

Pay attention to what qualities you want to have in your life.  Make lists of those and display them where you see them every day.  Enjoy your Chapter Two! 
 

 

Don't let the fear do you in!

I am no science whiz.  Chemistry class nearly killed me in high school.  However, I will tell you I am fascinated and intrigued by all the exciting new knowledge about neuroscience and how our brain, our body and our evolution interact.  Lots of wise people are sharing the information in understandable presentations.

After losing your job, your fear center of the brain is probably on overload. That makes it hard, if not impossible, for you to think productively with the executive function of the brain to plan for the positive things ahead.  All energy is being reserved for the fight/flight response.   You will need to get to a place of calmness in order to plan well.  Fight/flight was important when tigers and bears were chasing us. However, the over-amplification of fear that may be shooting off inside you now is probably counter-productive.  Learn how to get it in check.

I really enjoyed the recent Neuroscience Conference offered by Sounds True over the last ten days.  It's interesting stuff.  While the info is useful in understanding jury behavior, I think the information is so important for everyone to know.  Understanding your brain and how its wiring has evolved can provide invaluable tools to change your physiology, control anxiety, and improve communication and relationships.

Right now you need to get involved in saving yourself.  Get your brain and your heart geared up for what you want to do next.  I personally think understanding the neuroscience stuff makes taking back your power accessible.

o
Tina Locklear
Rated by Super Lawyers


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