My employment contract has been terminated. What should I do to protect my rights in the first 24 hours?

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If your employment contract is terminated, it’s very common to wonder, “I’ve been fired—what should I do now?” Termination by the employer is a critical process that can result in the employee losing their rights. Rather than panicking during this process, it is crucial to take informed and strategic steps to protect your legal rights. The first steps you should take as soon as you learn you’ve been laid off will lay a strong foundation in your favor for any future legal disputes. In this article, we outline the first steps you should take if your employment contract is terminated, presented in a clear and actionable manner.

1. Why Was My Employment Contract Terminated? Determine and Confirm the Legal Grounds.

When an employer terminates an employment contract, they must base the termination on a specific and valid reason. In accordance with the relevant provisions of the Labor Law No. 4857, the reason for termination must be clearly communicated to the employee in writing. The employer must provide you with a notice of termination. Law No. 4857 Article 19 of the Labor Code:

• The notice of termination must be in writing,
• The justification must be stated clearly and specifically,
• The notice must include the date,
• It must be specified which legal provision (e.g., Article 17 or Article 25) it is based on.

If this document is not provided to you, immediately send a written request to your employer (via email or through a notary) asking for the reason for termination to be provided in writing. It is important to note that while terminations for just cause do not require compliance with the notice period, terminations for valid cause do require compliance with the notice period or payment of a notice period indemnity.

2. Gather and Secure Your Evidence.

Your greatest asset in a legal proceeding is the concrete evidence you possess. Before leaving the workplace, make sure to secure copies or photographs of all documents that could assist you in the legal process. These documents should include:

• Your employment contract: It is the most fundamental document for determining your working conditions, job title, salary, and other rights.
• All pay stubs: This is necessary to prove and calculate your overtime pay, bonuses, and other entitlements.
• Performans değerlendirme raporları: If the termination is based on performance-related grounds, these reports can be used to prove that the termination was unjustified.
• Corporate emails and correspondence: You may be able to provide evidence regarding tasks performed outside the scope of your job description, allegations of workplace bullying, or other adverse situations.
• Collective Bargaining Agreement (CBA): If your workplace has a collective bargaining agreement, it serves as the primary document defining your rights and obligations. A collective bargaining agreement may include additional rights and working conditions not specified in your individual employment contract.

Since many of these documents are often made inaccessible by the employer, it is critical to act quickly.

3. Put the details of the termination process in writing.

Taking notes while documenting what happens during the termination process is extremely valuable for any future legal proceedings.

Some information you need to record in writing:

• When and how were you notified of the termination?
• Who was present during the announcement?
• What were you told?
• Was a written document provided? If so, what was its content?
• Was anything signed?

Keeping this information organized and in chronological order in one place will ensure that you provide your attorney with accurate information and that it can be supported by witness statements.

4. Seek legal advice, keeping in mind the applicable statutory deadlines.

The process of protecting your rights regarding the termination of an employment contract is subject to strict legal time limits. Pursuant to Article 20 of the Labor Code No. 4857, an employee whose employment contract has been terminated must, within one month of the notice of termination being served, file a claim for reinstatement with a mediator, alleging that no reason was stated in the notice of termination or that the stated reason is invalid.

Once this period has elapsed, it is no longer possible to file a reinstatement lawsuit. Therefore, it is crucial that you consult with an attorney specializing in labor law as soon as you learn of your termination to prevent the loss of your rights. Your attorney will analyze the legal nature of the termination and guide you in determining the most appropriate legal strategy for either mediation or litigation.

Other works we have prepared within the scope of Labor Law;

Izmir Employment Lawyer

Address: Nergis Neighborhood, Girne Boulevard No: 83, Floor 2, Apartment 2, Karşıyaka, İzmir

E-mail: [email protected]

Phone: +90 534 415 52 56