I am about to be fired from work... What should I do?

The best defense is an offense.

If you have a legitimate claim against the company for discrimination or harassment in the workplace or violation of wage and hour laws, now is the time to make the claim before you are fired. This strategy will put the employer on the defensive. The employer will now have to prove that the reason you are being fired is not in retaliation for you making your claim.

Even if you lose the underlining claim, you may still win the retaliation claim based on the close timing of your claim and your termination. The employer will claim that the decision to fire you was made before you filed the claim but that is a question of fact for jury to determine. At this point, the employer may decide to settle with you rather than spending time and money on uncertain litigation. As a result you will have money in your pocket and receive a neutral reference instead of being fired.

This is a fair and just solution for all the time you have spent on the best interests of the company.

If you like this post and would like a Los Angeles employment law attorney to review your claim, contact Alan Burton Newman for free advice today!