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CHAPTER 7 - WHAT TO DO IF YOU ARE FIRED Hundreds of thousands of workers are fired unfairly or illegally each year. Millions of dollars are forfeited by women who fail to assert themselves or recognize what they are legally entitled to. Many state and federal laws protect workers in this area. This chapter will help you detect if you have been fired illegally or unfairly and what to do about it. You will learn how to negotiate extra benefits regardless of your position, industry, or salary level, plus other strategies to maximize your post-termination claims. In the past, employees had few options when they received a "pink slip" because a legal principle called the employment-at-will doctrine was generally applied throughout the United States. Under this rule of law, employers were free to hire workers at will and fire them at any time with or without cause or notice. However, in the past thirty years, courts and legislatures began handing down rulings and enacting legislation to safeguard the rights of workers. Commentators suggest this occurred primarily to offset the harsh treatment of the employment-at-will doctrine. Now, many forms of dismissals may be illegal, even if you were hired at will without a written contract. Although the law varies from state to state, and each case warrants attention based on its particular facts, the categories to be discussed may be useful in recovering greater benefits or damages when you are fired. These categories often serve as exceptions to the traditional employment-at-will rule in certain circumstances. When a discharged employee consults an employment lawyer, the following areas should be carefully analyzed to determine if they apply in the state where you live and/or work.
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