Entering the workforce after graduation is an exciting yet challenging phase in life. You’ve spent years preparing for this moment, working hard to earn your degree, and setting your sights on launching a successful career. However, the transition from campus to corporate life isn’t always smooth. New graduates face a risk of wrongful termination, a situation where an employer fires an employee for illegal reasons.
Understanding how wrongful termination can occur and what steps you can take to avoid it is crucial for protecting your career. This article will explore common employment mistakes that can lead to wrongful termination and how to avoid these pitfalls. It's also essential to know that U.S. wrongful termination settlements often help employees recover from unfair job losses.
Misunderstanding Your Employment Rights
Another mistake many new graduates make is not fully understanding their employment rights. Most join the workplace without knowing their legal requirements and those of their employer. For instance, most states in the U.S. are “at-will” employment states, which means that an employer can dismiss an employee at any time for any reason without facing legal consequences, except for discrimination or unlawful actions; nevertheless, there are laws that protect employees from wrongful dismissal.
Some new employees think that “at-will” employment means employers can fire them for any reason, but this is inaccurate. There are legal provisions that prohibit employers from firing employees for reasons of race, gender, religion, age, or disability. Also, the employees cannot be dismissed in response to reporting a case of harassment at the workplace, taking a leave under FMLA, or refusing to engage in unlawful conduct. As a new graduate who is already out there seeking employment, it is essential to learn about these protections so that you can be in a position to know when your rights are being infringed.
Failing to Communicate Effectively with Supervisors
Another mistake that most new graduates make is not communicating properly with their supervisors. Transitioning from academic to working life involves a change in interpersonal relationships, and communication is a major aspect of this change. If there are any misunderstandings between you and your manager, it is crucial to solve them as soon as possible and in a polite manner.
Most unfair dismissals happen due to misunderstandings or issues that could have been resolved had they been taken seriously at the initial stages. For instance, if your manager believes your performance is substandard, but you are unaware of this, you can be dismissed one day. It is recommended that you keep in touch with your supervisor often, request feedback, and ensure that you understand all the instructions and expectations given to you. Effective communication will prevent misunderstandings and show your dedication to the position.
Engaging in Inappropriate Workplace Behavior
Young people joining the workforce for the first time may need to learn what is appropriate or expected in the workplace. Things that may have been done casually or academically may not be acceptable professionally. Participating in workplace misconduct, either deliberately or inadvertently, results in disciplinary measures and possibly unfair dismissal.
Some examples of such behavior include telling ethnic or racial jokes or comments, using company property for personal reasons, using company computers to surf social networking sites, being truant at work, and not following company rules and regulations. As a reminder, organizations have policies that must be followed to maintain professionalism in the workplace.
Read through your company's employee handbook, do not hesitate to seek clarification on any policy that you find ambiguous, and always play the ostrich when it comes to professional conduct. While employers may use such conduct to justify dismissal, the termination may be considered wrongful dismissal based on prejudice or discrimination.
Overlooking the Importance of Documenting Your Work
One of the most severe errors of new graduates is the need to document their work effectively. Generally, where there is wrongful dismissal, the employee may not have adequate evidence to support their case due to inadequate documentation. By keeping records of your performance and interactions with your supervisors and any possible misconduct by other employees, you will be in a better position to defend yourself in case you need to contest your dismissal.
For instance, if you have been given a performance appraisal that you believe was unfair or have been disciplined for something beyond your control, then having documented evidence to support your position is very useful. Save emails, meeting minutes, and performance appraisals to generate documentation supporting your actions and reactions to workplace matters. This habit will not only assist in protecting your position but will also be helpful if you ever have to sue for wrongful dismissal.
Ignoring Warning Signs in the Workplace
Finally, new graduates should be able to identify some of the early signals that may suggest workplace issues. In most cases, employees who have been dismissed unfairly may realize some signs before the dismissal occurs. Some of these signs may include changes of attitude from management, being left out of meetings or projects, receiving confusing or conflicting instructions, or being criticized unnecessarily.
Conclusion
It is always exciting to start a new career, especially when fresh from college, but it has challenges. In this case, it knows your employment rights, how to effectively communicate with superiors, how to behave professionally, how to document your work, and how to identify signs that may lead to being fired wrongfully. Although it is essential that starting a career is always challenging, these measures will assist you in achieving success and protect your future employment from discrimination.
