Dallas Employment Lawyer Blog
Dallas Employment Trial Lawyer Cassidy Monska
Fired Right Before the Holidays? Severance, Unemployment, and Your Next Moves
Getting terminated right before the holidays can feel devastating. Beyond the emotional impact, you need to act quickly to protect your rights and financial stability. Here’s a practical checklist to guide your next steps.
1. Request Your Personnel File and Pay Records
Start by asking for copies of your personnel file and pay records. These documents can provide critical information about your employment history, performance evaluations, and any disciplinary actions. They may also reveal whether your termination aligns with company policy or if there are inconsistencies that could support a legal claim.
2. Preserve Evidence Immediately
If you suspect your termination was unlawful, such as retaliation for reporting harassment or discrimination—preserve all relevant evidence. This includes:
- Emails, texts, or chat messages related to your termination
- Performance reviews and commendations
- Notes from meetings or conversations with supervisors
- Copies of company policies
Save these documents in a secure location outside your work systems. Evidence can make or break a claim, and once you lose access to company accounts, recovery becomes difficult.
3. Evaluate Severance Language Carefully
If your employer offers severance, review the agreement thoroughly with an attorney before signing. Severance packages often include a release of claims, meaning you give up the right to sue in exchange for payment. Key points to consider:
- Amount and timing of payment
- Continuation of benefits
- Non-disparagement or confidentiality clauses
- Deadlines for signing
Do not rush. You may have leverage to negotiate better terms, especially if you have potential legal claims. Consulting an employment attorney before signing is strongly recommended.
4. Know Your Filing Deadlines
If you believe your termination was discriminatory or retaliatory, you must act quickly. Deadlines for filing complaints are strict:
- EEOC (Equal Employment Opportunity Commission): Generally 300 days from the date of termination in Texas.
- Texas Workforce Commission (TWC): For state-level claims, the deadline is typically 180 days.
Missing these deadlines can bar you from pursuing your rights. Even if you are unsure whether you have a claim, filing early preserves your options.
5. Apply for Unemployment Benefits
Texas allows most terminated employees to apply for unemployment benefits unless you were fired for misconduct. Tips for filing:
- Apply as soon as possible through the Texas Workforce Commission website.
- Be accurate and honest about the reason for termination.
- Keep weekly certifications current to avoid delays.
Unemployment benefits can provide temporary financial relief while you search for your next opportunity.
6. Review Non-Compete and Restrictive Covenants
If your employment agreement includes non-compete or non-solicitation clauses, understand what they mean before accepting new work. Consider consulting with an employment attorney to help understand these terms. Violating these terms can lead to legal disputes. An attorney can help you interpret whether these restrictions are enforceable under Texas law.
7. Take Care of Yourself
Job loss during the holidays is stressful. While you focus on legal and financial steps, don’t neglect your mental health. Lean on friends, family, or professional support. Remember, termination does not define your worth or future success.
Why Acting Quickly Matters
The period immediately following termination is critical. Employers may hope you sign severance agreements without asking questions or miss filing deadlines. By taking proactive steps like requesting records, preserving evidence, and understanding your rights, you protect yourself and position for a stronger recovery.
Final Thoughts
If you were fired right before the holidays, you are not alone. Many employees face this challenge each year, and legal protections exist to help you navigate it. Before signing anything or assuming you have no options, consult an experienced employment attorney. A consultation with an attorney can clarify your rights and prevent costly mistakes.