Mergers and Acquisitions can be an unsettling and uncertain time as companies undergo major changes in their structure and workforce. Businesses are required to provide advance notice if there will be employment changes during this time. Executives who have been wrongfully terminated for any reason during a merger or acquisition may have the right to file a wrongful termination suit against their employer. The Armstrong Law Firm can provide recommendations and guidance throughout this process to secure favorable results.
Wrongful Termination During a Merger or Acquisition
Mergers and acquisitions can result in employment changes and/or a size reduction. The federal and California Worker Adjustment and Retraining Notification (WARN) Act dictates that employers must provide employees with a 60-day notice before conducting mass layoffs or closing or relocating a plant or location. The purpose of this act is to make sure that employees have sufficient time to start planning for a transition.
However, if you were let go in these situations without proper notice, you may have been unfairly terminated. Similarly, it is also considered wrongful termination if a company lets you go based on discrimination, retaliation, whistleblowing, or for other legally protected reasons. When this happens, you can initiate a claim against your employer.
Actions to Take if You Have Been Wrongfully Terminated
If you have been wrongfully terminated, it is important to understand that you have rights. One of those is the right to hire a lawyer who can represent you and protect your rights as an executive employee. You are also entitled to file a lawsuit in applicable situations. To pursue a wrongful termination claim and protect yourself, it’s important to take the following steps:
- Read and understand the terms of your employment agreement to understand your rights
- Understand the terms of the merger or acquisition and each company’s obligations.
- Maintain thorough records of all forms of communication
- Document questionable events, discrimination, or violations of other policies, practices, or laws
- Keep track of applicable dates or wage information
Once you have gathered evidence, you should hire a lawyer and take steps to file a wrongful termination claim in California. You will need to file a complaint with the proper state or federal agency applicable to your situation. Talk with your lawyer first to determine what kind of wrongful termination claim you have and which agency you need to submit your complaint to before taking additional action. State and federal agencies can investigate and resolve the claim and help you recover losses. In some situations, you may still be able to file a lawsuit.
The Armstrong Law Firm Advocates for You After a Wrongful Termination
A wrongful termination is shocking and stressful. When companies are in violation of state or federal laws and/or fail to give notice during a merger or acquisition, they can be legally liable for making restitution. The Armstrong Law Firm can protect your rights and help you secure justice and damages for your losses. Schedule a consultation with our team today to review and discuss your options.