Q: I have heard of instances in which people received e-mails telling them their jobs were being terminated. That is so insensitive it is beyond my imagination. I also hear about companies holding back money that is due. I understand when companies downsize when things get tight, but I also have heard people say they were laid off because they were older and highly paid, and the downsizing was an excuse to cut them. It seems that some of these things should be illegal for companies to do. How do we, as employees, protect ourselves?

A: The following advice was intended for employers to do the right thing, but it is crucial for employees to know the same information so they understand their rights when they are confronted with being let go. Shock hits when an employee is not expecting to be laid off, but one needs to take an intellectually active role when the situation occurs.

"Nearly 90 percent of discrimination charges filed with the Equal Employment Opportunity Commission (are) discharge-related claims. The reasons are obvious: terminations cause hard feelings, create economic need, provoke plaintiffs' lawsuits, and remove the powerful disincentive to sue inherent in an ongoing working relationship," according to James W. Bucking, co-head of the employment department at Foley Hoag LLP in Boston and author of "Ten Must-Do Steps When Letting Someone Go." Six- and seven-figure damage awards are not uncommon. In short, people have nothing to lose and often stand to gain by filing lawsuits. Bucking recommends critical steps for employers to protect themselves from litigation, but employees must be aware of their rights, as well.

"1. Know the facts." Management should talk to supervisors, co-workers and subordinates and take accurate notes on what's said. They also should talk directly to the employee at issue.

"2. Review the documents." Stellar performance reviews, even if they were inflated, need to be considered before firing a person.

"3. Create new documents. … Don't fabricate or back-date." Some files have too few documents to support the reasons for termination.

"4. The electronic scourge. Technology can be your friend, or your enemy" and creates a permanent record that can be revealed in the litigation discovery process.

"5. Tell the truth. This advice is not moral, but legal."

"6. Don't be gratuitously cruel. … If a case goes to trial, it does not play well before a judge, and especially a jury, for an employer to appear cold-hearted."

"7. Conduct the termination in a respectful way." One plaintiff won a million-dollar judgment from his former employer because he was devastated by being fired in front of his co-workers.

"8. Have back-up. At least two people should be present for the termination and both should take detailed notes."

"9. Pay all compensation due. Wage claims are one of the fastest growing categories of employment litigation. Wage laws tend to favor the employee, substantially and procedurally, often allowing the employee to recover double or triple damages, litigation costs and attorneys' fees, and civil and criminal fines." For example, in Massachusetts and many other states, all compensation owed to an employee must be paid on the day of discharge.

"10. Think about other agreements and commitments, real or potential. Although most employees are at-will, there are nonetheless agreements between the employer and employee that you should revisit at the time of termination. … Make sure you (the employer) understand and comply with any obligations you have to the departing employee, and make sure (the employee) understands any obligations (he or she) has to the company."

Please send your questions to: Lindsey Novak, c/o Creators Syndicate, 5777 W. Century Blvd., Suite 700, Los Angeles, CA 90045. E-mail her at LindseyNovak@yahoo.com, or visit her Web site at www.LindseyNovak.com. To find out more about Lindsey Novak and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.

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