Losing a job is painfully awful. For anyone who has been fired, one of the last things you want to worry about is your former employer fighting your unemployment. Chances are, if that happens, you are likely going to need to hire a lawyer. The process will get prolonged. You may not prevail. The list of reasons goes on and on.
Making matters worse is when your former employer fights your unemployment claim out of spite, and even worse, in retaliation for charging the company with discrimination. This falls into the category of post-termination retaliation. The term itself seems somewhat oxymoronic. After all, how can one suffer a materially adverse “employment” action if she is not even on the company’s payroll anymore? For many years, courts were reticent to credit allegations of post-termination retaliation for this very reason.
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