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[pedanterast]

Did you file your unemployment claim today?

[cajun]

The movers just brought my stuff, all of my benefit papers/contract folders were missing. I know that HR was going through my office yesterday and that at least my supervisor removed several items from my office

I'm new to this thread and still reading through, but this sets off all sorts of alarm bells, and I had to comment.  You/your lawyer can request copies of all of your HR files.  Also request employment-related files from other departments (chair, dean, provost, etc.).  Taking those files from you sounds illegal to me.

[hopeandfaith]

In many or most states, "at will" employees can be fired or laid off without notice.  Since the law differs among states, and depends so much on specific circumstances, you'll want to talk to a lawyer who specialized in labor and employment matters.  I'd suggest consulting a lawyer before signing anything.  I'd also suggest that, at a minimum, your lawyer help negotiate favorable recommendation letters from the people in charge of the place.

Sorry for replying/posting this late, needless to say this has left me somewhat reeling from this shock .. to have your livelihood taken from you from one moment to the next w/o any warning is quite a jarring and most surrealistic (nightmarish) experience.

I believe I am in a "at will" state.

Two quick questions come to mind:

1. how do I find a good lawyer who is an expert is labor/employment affairs  - would contacting AAUP for a referral be a good way to go about this? (I've never needed a lawyer in my life before)

2. how can I ensure that favorable letters are sent? Many school I apply for request that the recommender e-mail his/her letter, or the online application system automatically generates an e-mail to the recommender with a link to upload their letter to the school's online application system - how would I know what documents are uploaded?

How awful is this situation.  Did you ever find out what prompted your termination in such a hasty manner?

If you are in an at-will state (and most states are), then they did nothing wrong.  There is no law that mandates an employer be courteous when terminating an employee.

The money is so you will keep quiet, not because they are feeling they broke a labor law.  Who wants to apply for work with a university that treats their better employees in such a manner??  Don't waste your money on an attorney.

I like the recommendations of asking for double of whatever they are offering, and a recommendation letter -- only after meeting these provisions would I sign anything.

If you haven't signed anything yet, we are all very interested in the name of your former employer. 

[proftowanda]

I dunno if I'd sign the agreement or not but I want to point out one thing.  Unless this firing was for cause, the OP will be eligible for unemployment.  So let's just say that is $500 a week.  And, let's say the severance is $10,000.  Again, state laws differ but in general this would make the OP ineligible for unemployment for ($10,000 / $500) = 20 weeks even if the severance is only equal to say 8 weeks' salary.  At least that is the law in my most recent state.  So that is something to consider.

Let me take a wild guess:  this is a for-profit university.  (Totoro assumed it was, while I was composing my post, but the OP did not specifically say that).  I'd be reading the contract first, on my way to the unemployment office, and before deciding whether seeing a lawyer would be productive.  I'd also be thinking about whether I was in a protected class, while evaluating how much leverage I had.

Then the other thing is, there is the financial remedy and then there is the ST and LT effect on the career.  In other words, one must consider the value of STFU when evaluating all of this.

If the OP's position is year-'round, unemployment comp may apply.

However, most faculty (and other campus instructors) are not eligible for unemployment comp -- and our employers do not have to pay into the unemployment comp fund for us -- because we are not year-'round.

We are defined as "seasonal workers."  (I.e., just like many migrant workers, hired only for peapicking season or the like, and now you know another reason why their employers do not want to give them year-'round work.)

[proftowanda]

In many or most states, "at will" employees can be fired or laid off without notice.  Since the law differs among states, and depends so much on specific circumstances, you'll want to talk to a lawyer who specialized in labor and employment matters.  I'd suggest consulting a lawyer before signing anything.  I'd also suggest that, at a minimum, your lawyer help negotiate favorable recommendation letters from the people in charge of the place.

Sorry for replying/posting this late, needless to say this has left me somewhat reeling from this shock .. to have your livelihood taken from you from one moment to the next w/o any warning is quite a jarring and most surrealistic (nightmarish) experience.

I believe I am in a "at will" state.

Two quick questions come to mind:

1. how do I find a good lawyer who is an expert is labor/employment affairs  - would contacting AAUP for a referral be a good way to go about this? (I've never needed a lawyer in my life before)

2. how can I ensure that favorable letters are sent? Many school I apply for request that the recommender e-mail his/her letter, or the online application system automatically generates an e-mail to the recommender with a link to upload their letter to the school's online application system - how would I know what documents are uploaded?

Another acronym to consider is EEOC.  Find the EEOC office for your region and see if someone there can recommend labor lawyers, as that is what EEOC lawyers are, and they tend to know each other in their areas.  The AAUP may be able to help as well but is less likely to know of the labor lawyers in your area.  And then, yes, as others have recommended, call or interview your local labor lawyers for expertise in higher ed -- although the EEOC also may know of those, especially if your employer or others in your area have crossed the EEOC.

I have a family member who works for the EEOC, and this is how I got good recommendations when I needed them.

(Note: The EEOC itself is not your resort unless this firing was the result of discrimination, such as sexism, ageism, etc.)

[geoteo]

Any update, OP?