New law stops firings, will catch on just ’cause

New law stops firings, will catch on just ’cause

Most Americans Can Be Fired for No Reason at Any Time, But a New Law in New York Could Change That

Source: Bloomberg Businessweek
By Josh Eidelson

just causeMelody Walker had just finished working the lunch rush at a Chipotle in New York City when her manager walked up and told her, in front of several co-workers, that she was fired. When the 36-year-old single mom asked him for an explanation, he said it was because she wasn’t smiling. (This was 2018, pre-masks.)

This is how the U.S. works under at-will employment, a legal standard that allows companies to fire people for almost any reason—and sometimes for no reason at all. Unlike in other wealthy countries, where bosses generally have to provide just cause for termination, at-will positions account for most U.S. jobs.

In 2018, a few months after Chipotle fired her, Walker began working with union organizers and local officials on a groundbreaking two-law package that will make New York City a little more like Europe. The laws, which take effect on July 5, ban at-will employment among the city’s fast-food businesses, meaning that from now on, Chipotle and its peers will have to provide just cause to fire one of their roughly 70,000 workers in the five boroughs. The standard requires employers to show workers have engaged in misconduct or failed to satisfactorily perform their duties.

 

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Nick’s take on just cause

Employers knew it was coming, but they’ve filed lawsuits pretending they can stop it. We’re talking about laws that stop employers from firing employees without cause. This practice has always been unfair and uncivilized. (Attorney Bernie Dietz has explained why employment contracts are desireable.) I think New York City is just the start of this trend — employees can be fired only for “just cause,” not just because. Learn what just cause is because soon it will affect everybody’s job.

What’s your take? Should employers be able to fire employees without reason? Or is “just cause” a reasonable protection for employees? I’d love to hear from both sides — employers and workers. What’s your take?

 

 

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Break the wrong-job cycle

Break the wrong-job cycle

In the May 5, 2020 Ask The Headhunter Newsletter a reader falls into a wrong-job problem and can’t keep a job.

Question

I’m a dedicated, loyal employee, and I would do anything for my employer. Why, then, do I lose my job every few years and have a hard time landing a new one?

Nick’s Reply

wrong-jobThe easy answer would be that you’ve just been unlucky and that you got caught in a series of unfortunate downsizings through no fault of your own. But that would make for a very short column.

Your question, which is not detailed enough for me to really answer, nonetheless raises a bigger question that’s relevant to everyone: Why do people take a job, only to find themselves job hunting again so soon? Let’s tackle that, and I hope you’ll find something useful for your situation.

A good job is the right job

The economy obviously affects jobs, but you can’t control the economy. So let’s consider something you do have some control over: the choices you make. I believe that most people go job hunting because they took the wrong job to begin with. This is a subtle phenomenon worth thinking about.

Some people take a job because it’s offered, not because it’s right. Some take jobs because employers flatter them, not because they’re particularly interested in the company or the job. Lost in the joy of being judged worthy, they forget to judge the job and the company, and to think about whether the job being offered is really the kind of long-term investment they want to make. (See Forget Glassdoor: Use these killer tips to judge employers.)

A wrong job is not going to be a good job. It will quickly turn into a recent job.

The wrong-job cycle

Relieved to be “off the street” (or overly impressed at being recruited), wrong-job takers will accept work that does not satisfy them. They will rationalize a poor choice and try to live with it. Gradually, their morale drops and their performance suffers. The effect is cumulative, and eventually the mismatch becomes glaring. They get fired, laid off, or they quit.

Because the parting was bitter and probably sudden, the next job search is likely to be desperate. This job seeker is likely to make a similar mistake. The wrong-job cycle starts again.

(Looking at this from the employer’s perspective, when faced with doing lay-offs, employers favor keeping productive workers with good attitudes. How has your choice of a job affected your attitude? Are you the obvious sourpuss to eliminate when cuts are made?)

Now, I don’t blame anyone for taking a job — any job — to pay the rent. But if you reveal a poor attitude at work because you accepted a job you don’t really want (or because the economy depresses you), then I have little sympathy. When you accept that job and that paycheck, do the job with pride no matter what it is, and learn to smile until you move on.

You can keep the right job

When you find your next job, will you choose it, or will it choose you? That is, are you pursuing what’s good for you, or settling for what comes along? You’re more likely to keep the right job than any job, so choose carefully.

Success depends on making good choices to begin with. When you choose a job that stimulates and keeps you engaged, it shows in your performance and demeanor. Being on the right job drives creativity, which in turn can help your company out of a jam — and keep you employed. Will you choose a job that inspires you to be a profitable worker, or one that’s likely to make you start job hunting again?

I’ve met far more people who took the wrong job than the right one. Before you take a job, ask yourself whether you’re doing it for the right reasons.

  1. Is it a job you sought out, or did it just fall into your lap?
  2. Do you really know what you’re getting into, or are you just in a hurry?
  3. Are you truly motivated by the work, or are you merely looking for a pay check?
  4. Can you really contribute to the success of the employer, or will you just show up and mark time?

Again, if you need money, I’ve got no quarrel with you. But please realize that later on you may wonder once again why you are unhappy or why you got laid off. Break your wrong-job cycle.

Try to look ahead. Find the right job, and you might not have to search again so soon.

Why do people take the wrong jobs to begin with? What factors tell you that a job is right or wrong?

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Should I tell my boss I might resign?

Should I tell my boss I might resign?

In the March 3, 2020 Ask The Headhunter Newsletter a reader who might resign may tread dangerously close to getting fired. This is the 800th edition of the weekly Newsletter since its inception in 2002!

Question

resignI left a decent-size company for a start-up some time ago. Like any other start-up, the work requires a lot of hours. The work itself is very challenging and truly leading-edge technology. However, since the birth of my daughter, I’ve realized that I’m much more of a family man than I imagined. I can clearly see that the hours will only get worse as time goes on.

So, I’m considering leaving the job. My question: Do I wait until I get an offer to tell my boss? My current boss has been more than understanding about my personal life and fairly lenient when I was absent several days for family reasons. Rather than surprising him, I want to give him as much indication as possible before I leave the project. I want to say, at least, “I’m not sure this start-up thing is right for me,” as a passing remark without mentioning a job search. I might have left earlier, had it been a different boss. Thanks. I appreciate and enjoy your columns.

Nick’s Reply

First, you’re allowed to change your mind, especially about a career change like moving from a relatively stable company to a start-up.

Second, I think it’s wonderful that you respect your boss so much. After what I have to say, you may still feel you have good reasons to disclose your plans to your boss. But my first concern is not being nice to your boss. It’s to flesh this out in a way that helps you avoid a costly mistake.

Don’t get fired before you resign

Full disclosure isn’t all it’s cracked up to be. Use your good judgment and remember that some things are better left unsaid until it’s time to say them. Don’t get fired before you resign.

Ready to resign?

  • Don’t disclose where you’re going until you get there.
  • Decline to do an exit interview.
  • Don’t sign any non-disclosure or non-compete agreements.

Learn why and how in Parting Company: How to leave your job. Today’s Question originally appeared in this PDF book. Nick’s Reply is expanded here.

As long as you act responsibly and ethically within the generally accepted rules of business, my advice is to decide what’s best, and then act on it. Don’t feel guilty for wanting time with your family, even if it means earning your employer’s ire. Likewise, don’t feel guilty for protecting yourself from a serious potential risk.

I would not tell your boss that working at the start-up may not be right for you — not any more than I’d tell him you may resign. Any smart manager would interpret a passing remark that you’re not happy as a sign that you’re out looking for a new job. And that could hurt you. There are other ways to show respect for your relationship. For example, if you do resign, assure your boss you will leave your work in a good state for whoever replaces you.

Remember that until you have a job offer in hand, you’re not going anywhere. If you don’t get another a job offer, it’s all moot. But if you’ve told your boss you may resign and then don’t, you may find yourself fired.

It’s just business

Imagine what could happen if you tell your current boss your plans, but you don’t find a new job and he is forced to make a choice he doesn’t want to make. For example, suppose you go nowhere, and in six months your boss is required to eliminate one or more employees. You will have signaled that you want to leave anyway. That puts a target on your back. Remember that your boss, though he is friendly, has obligations to the company.

In another scenario, what if your boss feels obligated to notify others in the company about your possible plans? What if his boss questions your loyalty and orders him to terminate you?

Suddenly you could be on the street, and your boss could very honestly tell you, “Nothing personal. It’s just business.”

Planning to quit is also just business, and it’s confidential business.

Resign on your terms

I respect and admire your attitude, but you must ensure that you will always be able to care for your family. That comes first. Signaling in advance that you may resign puts you and your family at unnecessary risk. Resign on your terms; don’t get fired by surprise.

You can still show your boss that you value your working relationship. For example, when you get an offer you plan to accept, try to negotiate as long a “notice to current employer” period as you can. That’s what you should give your employer when you actually resign. (Caution: Even giving notice can blow up in your face.)

Your old boss must be prepared to handle this without rancor, and to accept this vicissitude of life. If he can’t accept it, you’ll be able to rest knowing you did all that was prudent to part on good terms.

This is a difficult situation, but you can handle it if you approach it as you would any tough work decision you have to make — responsibly.

Did you ever speak too soon before you resigned your job? What happened? Is it ever worth letting on that you are unhappy and might resign soon? How would you advise this reader?

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Resigning Your Job? Don’t tell.

In the July  16, 2019 Ask The Headhunter Newsletter a reader worries about resigning the wrong way.

Question

resigningI finally landed my next job after months of interviews. Now I don’t want to blow it until I’m actually on board at the new company. I say that because the last time I changed jobs I made the mistake of telling my boss too soon, before I even had a job offer. I thought he respected me enough to wish me well, but it blew up in my face. He told HR and I was walked out the door. I can use some advice. How should I handle it this time?

Nick’s Reply

Congratulations — now be careful!

Before I offer my suggestions, I’ll tell you about a vice president of engineering I placed. I moved Hans from the southern Florida “spook industry” (that’s what he called it) to San Jose, California, where he was hired to run an engineering department at a company that made state-of-the art communications equipment.

Resigning & telling

A week before Hans was to move his entire family and start the new job, the president of my client company called me. “Someone left me a worrisome voicemail. They didn’t leave their name and the number is untraceable. They said Hans has affiliations we should be aware of. What’s this about, Nick?”

The tight-knit Florida “spook industry” (purveyors of electronic equipment that spies use) didn’t like that Hans was leaving their little community and taking his insider knowledge with him. They made that call to nuke Hans’s new job — and his family’s future. Never mind how I found out; that’s my job. In the end, it all worked out and Hans had a long, successful career in San Jose.

What happened? Hans made the mistake of telling someone back home where he was going. Hans knew full well how to keep his mouth shut — that was the business he was in. But Hans also had a healthy ego and he wanted to impress some of his close friends, not realizing the risk he was taking.

Risking getting nuked

When I discussed this with him later — he was incredibly embarrassed at his own behavior — I explained risk to this seasoned executive.

“The risk that someone you told would hurt you was probably very small, so you overlooked it. The trouble is, even the tiniest risk is not worth taking when the potential consequences could be catastrophic. The tourist who climbs over the railing at the Grand Canyon to take a selfie knows the chances they’ll fall into the abyss are tiny. But the consequences are enormous. So it’s not prudent to take that risk.”

That’s why, when you plot your exit from one employer to another, you should never, ever disclose to anyone — least of all your boss and co-workers — what you’re about to do and where you’re going.

Don’t jump the gun

Ask yourself, who needs to know and what do they need to know? Your employer needs to know you’re leaving, but only when it’s safe for you to tell them. No one needs to know where you’re going — that’s private and confidential. And you can tell them later, when it’s safe.

The following is from my PDF book, Parting Company: How to leave your job. It’s just a short excerpt of the chapter, “Resign Yourself To Resigning Right,” pp. 42-43:

Too often, in the throes of deciding whether to accept a job offer, a person will start the resignation process too early. That is, he’ll let his boss know he’s thinking about leaving in an effort to get more input as he’s working through the decision. But he’s looking for advice in the wrong place. (See “Should I tell my boss I’m leaving?”, p. 38.)

Unless you have a rare boss who is more concerned about your future than about his own or the company’s, don’t do it. Regard any discussion about your potential resignation as tantamount to tendering it. Once you let the cat out of the bag… it may be impossible to put it back.

Word may get out among your co-workers, and it may affect their attitude about you. Your boss may view what you’ve divulged as an indication that you’ll continue looking, even if you don’t accept the job offer. And, if you haven’t yet made a decision, all that talk may lead you to make the wrong decision.

I’m a believer in getting advice and insight about a potential job change. But, I think it’s dangerous to seek such advice from people whose own jobs and lives will be impacted by your decision. If you work in a very tight-knit organization of mature professionals who respect one another both personally and professionally, your experience might contradict what I’m suggesting. But most people don’t work in such an environment. If you need advice, get it from a trusted peer or mentor who preferably works in another company. Don’t jump the gun. Don’t disclose your intentions when it might hurt you.

Protect yourself

My advice is to give notice to your employer only after you have a bona fide offer from the new employer in writing, signed by an officer of the company, and after you have accepted the offer in writing. Your acceptance letter should include a statement to the effect that you are “advising that my acceptance of this job will require me to resign my position at [the old employer] and to relinquish my income from that job, and that I will rely on the compensation of [$X — whatever the offer is] from you.”

Also covered in Parting Company:

  • Getting fired is a state of mind
  • Stock option handcuffs
  • Did you get downsized?
  • Should I take a package to quit?
  • How to handle exit interviews
  • What about counter-offers?

That “statement of reliance” is recommended by an employment lawyer who advises that it might protect you legally if the offer is withdrawn. (Please see Lawrence Barty’s comments in Job offer rescinded after I quit my old job, but please understand that this is not offered as legal advice in any particular situation.)

Don’t tell anyone at your old company where you are going, even if you’re so excited you could burst. Tell them you’ll be in touch once you’re settled into your new job (preferably for at least a couple of weeks) because you value your friendships and want to stay in touch. You can decide later whether you really want to do that.

If they beg to know where you’re going, just tell them that some headhunter once cautioned you to keep it confidential — and that when the time comes, they should, too.

Has resigning ever come back to bite you? What does your employer really need to know when you resign? How risky is it to tell people where you’re going? What “parting company” tips would you offer this reader?

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Should I tell Company B that Company A just fired me?

firedIn the March 26, 2019 Ask The Headhunter Newsletter a reader gets fired right in the middle of interviewing with another employer.

Question

I started talking to Company B about a new job and after a few interviews things were looking really good. I then got terminated by Company A from my current job. (I didn’t do anything illegal or anything like that, but I was fired, for sure). Now it looks like Company B is ready to make an offer. Should I tell them that I’m no longer employed by Company A? I want to be honest and open but don’t want to throw a wrench in the works.

Nick’s Reply

Would your termination (and the facts surrounding it) at Company A make a material difference in your ability to do the job properly at Company B?

If not, I see no reason to disclose that you’re no longer employed by Company A (or that you were fired) if you prefer not to. One good reason not to disclose is to protect your ability to negotiate. The other, of course, is that some companies have a bias against The Unemployed — and that could throw a wrench into the deal. Why risk it if you don’t have to?

But don’t lie about it if you are asked, including on an application or other forms you are required to fill out and sign your name to. Tell the truth. Once you sign contracts, it gets more complicated and you might need advice from an attorney.

If someone does bring it up at this juncture, I think the best answer is honest and simple and probably goes like this.

How to Say It:

“I started looking for a new job and interviewing with you for several reasons. One is that I didn’t want to work at my old company any more and as of a few days ago — after we started talking — I’m no longer working there. Another reason is that I wanted to join a better company working with better people where I’m encouraged to contribute to the bottom line. That’s why I’m here.”

I doubt it’ll get that far. We don’t need to tell everything as long as we tell what really matters to the people we’re going to work with. What matters is anything that will affect our ability to deliver the work we promise to do. No company has a right to any other part of you or your story — unless you sign a contract to that effect or the law requires it.

The important point is this: Focus the new employer on why you are talking with them, and on what you can do for them if they hire you.

Having said all that, I don’t know any more details than you’ve shared, and I don’t know whether any questions will come up or in what form. My advice is not as important as your own good judgment, so consider all the factors you’re aware of. I hope what I’ve said helps you somehow, and I’d love to know how this turns out. I wish you the best.

Do you have any obligation to disclose getting fired? How about if you got fired after the hiring process started? Is there a difference? How would you handle this situation?

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Ghosting: Job candidates turn tables on employers

In the February 5, 2019 Ask The Headhunter Newsletter a reader asks about the consequences of ghosting.

Question

It just happened at work. Someone “ghosted” their job! A man in his 20s just disappeared without saying goodbye or I quit. For those of us who’ve been in the workforce longer, this is amazing behavior. Don’t these people think the consequences will come back to haunt them? Why do employers put up with this? Looking forward to your comments.

Nick’s Reply

This trend doesn’t surprise me at all. Several generations of workers have now experienced ghosting — the kind that employers practice on employees, job applicants, and new hires. I think what you’re seeing is the outcome of employers’ widespread demonstrations of disrespect — they’re getting ghosted in return.

Ghosting the employee

Employees and job seekers are not just fed up; they have reset the table and are serving the dog food employers made them eat. Why bother giving notice, when the last time you resigned (or got fired) an HR manager ordered a security guard to escort you — and all your co-workers saw was the ghost of their former co-worker flying out the door? (See Quit, Fired, Downsized: Leave on your own terms.)

Of course, there are people who thoughtlessly and rudely “disappear,” as you’ve noted. But I think in most cases it’s a conscious decision to dispense with niceties like resignations because, well, why bother when your employer has been treating you like a replaceable part?

Ghosting the recruit

It also happens during the recruiting process. A recruiter in the HR department (or an independent headhunter representing the employer) solicits you, asks for your resume and references, has you fill out pages of online application forms, insists on knowing your current salary, and requires you to sign waivers so they can conduct a background check — all before they ever interview you.

You comply because you really, really want this job. Two weeks later, after you send e-mails and leave voicemails asking what’s up, you realize that the employer that solicited, recruited and pursued you has disappeared. You’ve been ghosted.

Ghosting the new hire

Worse are the many stories of job-offer ghosting that have become all too common in my mailbox. An employer makes a job offer, sometimes verbally and sometimes in writing. The candidate accepts, agrees to a start date, quits their old job and gives notice, and in some cases travels and relocates across the country. A day or two before the job is to commence, the offer is withdrawn with no explanation, apology or compensation.

One reader recounted that her husband moved a thousand miles several days before his new job was to start, to find housing. Meanwhile, she cancelled their rental agreement, took their children out of school, packed the family’s belongings, and started the long drive to join him. Halfway along the trip, the new hire called his wife to say the employer cancelled the job and rescinded the offer without any reason given.

How do you think that experience will affect that “new hire” when he gets his next job? (See Job offer rescinded after I quit my old job.)

Ghosted after trusting HR

In another case, an HR manager issued a job offer. The candidate accepted and HR instructed him to give notice at the old job immediately. He did. Several days later, the written offer still had not arrived. HR finally returned his many calls and said the background check turned up a problem — but would not disclose what it was. There would be no offer letter. Chalk this disaster up to the candidate’s naive trust in a verbal offer, but blame the HR manager for telling him everything was “a go” and to resign his old job.

(See Get it in writing.)

Turning the tables

Is it any wonder that, when the labor market is tight, workers turn the tables? I’m not saying any of this behavior is appropriate — but the reason more workers are ghosting employers is completely clear. Things have changed.

Perhaps the employer who rescinded an offer didn’t intend disrespect. HR was just very busy processing an offer to a better candidate that came along. The employer that ushered the fired employee out the door was just protecting its interests — it’s nothing personal. But as you note, these changes in the standard of conduct have consequences — but for whom? It depends on the economy.

What are the consequences in today’s economy? I don’t think they are significant for most workers unless the person tries to get a job back at their old company. Today, it seems employers are the ones facing the consequences of treating job applicants and employees with disrespect.

Of course, not all employers have been guilty any more than all workers are. And I’m not suggesting you should ghost anyone, whether you’re an employer, an employee, or a job seeker. It’s a lousy thing to do — and, yes, in some quarters it can affect your reputation. But you’re noticing a trend because there is a trend. Where does it end? Perhaps when workers demand better treatment — and when key jobs remain vacant because no one wants to work for employers that don’t respect them.

Special note to managers: Those recruiters in your HR department, and those third-party headhunters who operate at arm’s length but nonetheless represent your company — you’d better pay attention to how they treat job applicants. Their behavior will come back to haunt you.

Your turn, folks! Have you ghosted or been ghosted? How? Why? More important, how do we change the standard of conduct to improve relations between employers and workers?

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What’s Better: Quit or get fired?

In the January 8, 2019 Ask The Headhunter Newsletter a reader wants to quit or get fired.

Question

If a person has a choice, what’s better — to quit a job or get fired?

Nick’s Reply

fired

Some suggest that the answer is obvious — quitting is better because then you won’t have a record of being fired. Who wants to say they got fired or terminated? And who wants to explain why they got fired?

I think what’s better is not so clear. Here are a few things to consider. (Please note that we’re assuming that if you got fired, it was not for truly egregious or illegal behavior.)

The sucker punch

Some companies that want to fire you will “give you the opportunity to resign instead,” implying they’re doing you a favor. It’s a common pitch offered by an HR manager. But it can be a sucker punch, especially if you’re losing the job through no fault of your own; for example, the company is experiencing a downturn.

In all of the 50 United States, if you quit your job you likely forego unemployment benefits because you chose to leave. When you quit, the employer saves money. According to NOLO, whether you can collect unemployment may depend on the reason you quit. (Unemployment Benefits: What If You Quit?) That can be a hefty price for quitting.

I might prefer to get fired if I have a choice, and that’s not just because I might lose unemployment benefits.

What’s on your record?

Many people shudder at the thought of having “fired” on their record. But that record is not public or easily accessed. An employer that fired you is usually loathe to disclose it during a reference check for fear of getting sued. So I’m not sure your record will be a problem.

However, if you got fired because you did something really bad, or because you did a truly lousy job, you have a very different problem — a bad reputation. A bad rep will grow and grow and follow you around. Employees with bad reps may not be exposed via formal reference checks, but back-channel chatter about them will likely circulate.

A badge of honor

Some employers are known to be terrible places to work. Getting fired can be a badge of honor. Emotionally, it might even be empowering. And it might even signal to a competitor that you’re a nice catch!

If you’re going to explain being fired, keep it brief and focus on what you can do to help the new employer — and why you are worth hiring. But don’t worry so much about getting fired. It’s not the end of the world. See Fired for my ethics!

Notice the time

If you get fired, your job is usually instantly over. If you quit, you likely are stuck with giving two weeks’ notice. Notice the difference. That’s time you could spend looking for a job you really want, or time on vacation to regroup. I’m not suggesting you go out of your way to get fired — but if you don’t really want to quit your job, don’t let getting fired scare you.

Legal recourse

If you quit a job, it’s your choice. If you are unwillingly terminated, you may have legal recourse. For example, the action may in fact have been discriminatory or it may have been done in violation of some law or written company policy.

If you’re going to get fired, consult an attorney. Know your rights. You might not have that option if you quit.

Why did you get fired?

People who get fired usually fear being asked why they left their last job. What if you have to admit you were fired? (See How much should I say about getting fired?)

First, you don’t have to admit anything. (Of course, you should not lie. Declining to answer a question is not lying.) Why you left a job is private — and I think that’s a legitimate answer.

But, “Whoa, there!” an uninitiated and naive career coach will shout. “If you don’t answer the question, an employer will find it suspicious and reject you!”

It’s a matter of how good you are at declining to answer and shifting the discussion to what really matters. For example, your abilities and your references:

“I’d prefer to leave it at the fact that my employer and I parted company. You will find that my references are excellent. I’m here because I believe I can show you how I’d do this job more profitably for you than anyone else. Would you like me to show you how?”

Yes, they can reject you. But if you fear you’ll get rejected anyway because you were fired, why disclose it at all? Take your chances on a different approach! What really matters is whether you can prove that this employer needs you.

If you are a highly desirable hire, all kinds of factors can be put aside, including why you left your last job. So please hear me: What matters is demonstrating that the employer needs you. That’s the negotiating position you want to cultivate. See Stand Out: How to be the profitable hire.

We’re all in the same boat

Now comes the fun part that frantic job seekers are too nervous to realize. The odds that the manager interviewing you has also been fired at some time are greater than zero. Most managers understand that getting fired doesn’t necessarily mean you did something wrong or that you failed at the job.

It might have been a poor match; the company might have experienced a downturn; there may have been a personality mismatch with the boss; or, the company that fired you might be — yes — inept.

So, politely ask the hiring manager, “Have you ever been fired?” If you’re afraid to ask that question, then you probably aren’t ready to have a job interview. This is a serious business exchange where you must ask questions as tough as the manager is asking you. Such a candid discussion can be a great way to break the ice and find common ground.

Whether you quit or get fired, check these tips about how to handle parting company with your employer: Quit, Fired, Downsized: Leave on your own terms.

Would you rather quit or get fired? Why? What are the upsides and downsides people should consider?

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The HR Gantlet: How to leave your job without getting hurt

In the June 30, 2015 Ask The Headhunter Newsletter, a reader is faced with the HR gantlet on his way out the door.

Question

I’m leaving my company and HR is asking me to sign all sorts of forms and documents. I’m faced with reams of legal-ese! I’m worried they’re going to slip in something that hurts me later. I also want to make sure I get documents that I might need later, and I want to avoid doing anything that might get me sued. Do you have any tips so I won’t get hurt while I make my way through the HR gantlet on the way out the door?

Nick’s Reply

gantletThe path out the door, whether you quit or have been fired, is usually rushed and HR goes into high gear issuing orders and giving you paperwork to sign.

Some of the paperwork is for your own protection. For example, insurance and retirement account information. Some of it can indeed hurt you later. I can’t walk you through everything in a newsletter, but I can touch on some gotchas you should be aware of.

This is from the “Crib Sheet” section of my PDF book, Parting Company: How to leave your job, pp. 67-73.


  • If you were fired after being put on a Personal Improvement Plan (PIP), obtain copies of relevant documents. Even if you don’t expect to take legal action, you may change your mind and your lawyer will need the information.
  • If you are given a letter of separation that requires you to sign off, consider having an attorney review it before you sign. Don’t forfeit your rights in an effort to exit quickly. Protect yourself.
  • Don’t leave your personal stuff in your office. Upon termination or resignation, you may not be able to retrieve it easily. Some employers will lock you out and pack what they believe is yours and ship it to you later. (See “Get your stuff,” p. 46.)
  • Don’t use company technology to store personal information. If the laptop and phone belong to the company, so does what’s stored on them.
  • If you work in sales, discuss who owns your customers and contact lists. Keep what’s yours, but don’t take what belongs to the company.
  • If you’ve been involved in inventions or patents or proprietary information, make sure you understand who owns the rights. Be aware of any restraints you may have already agreed to, e.g., Non-Disclosure Agreements (NDA). Retain copies for your files and possibly for your attorney.
  • If you’ve signed any Non-Compete Agreements (NCA), make sure you understand the restraints. NCAs usually define a time period, geographic region, named customers you may not call on, and other terms. Retain copies. [Note: NCAs are not legal in some jurisdictions. Employers want you to sign them anyway. Also be careful with NDAs — Non-Disclosure Agreements.]
  • Do you anticipate a lawsuit for wrongful termination, age or sex discrimination, or sexual harassment? Before you do anything pertaining to your exit, consult an attorney. What you say or do during the exit process might be used against you. Don’t limit your options carelessly.
  • Throughout your exit process, carry a notebook. Make it clear to HR that you are taking notes about commitments and representations made to you. To put it bluntly, this encourages HR to take it all more seriously—and it keeps everyone more honest.

If you think you may need legal advice, don’t dawdle. Start by identifying good employment lawyers through trusted referrals, and inquire what the fees are. An initial consultation often costs nothing, or very little. Compare that to the cost of parting company without legal assistance.

There are many daunting challenges and choices you probably don’t realize you’ll face during this awkward time.

  • Do you know how to resign? (p. 40)
  • Should you consent to an exit interview? (p. 53)
  • Did getting fired shatter your self-confidence? (p. 12)
  • Should you accept a “package” to quit your job voluntarily? (p. 26)
  • What’s the truth about counter-offers? Should you accept one? (p. 50)
  • How can you prepare for the shock of a downsizing? (p. 20)
  • Is outplacement a big, costly mistake? (p. 28)
  • How do you explain to a new employer why you left your old one? (p. 58)

Reprinted from Parting Company: How to leave your job, pp. 67-73.


I hope these few tips cover some of your bigger concerns. When I wrote this book, I spoke with some of the best HR folks I know — and some of their warnings surprised me. Parting company can be a trying experience, so be careful.

The last bit of advice I’ll give you is this: Be on your best behavior on the way out the door, no matter how your employer behaves. Do the right thing, be professional, be cordial — but protect yourself.

Parting company can be a friendly experience, or you can get burned. What’s your experience been? When you left a job, did you encounter any nasty surprises you’d like to warn others about? Or, did your old employer do something nice during your departure?

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UCLA Anderson Webinar: Parting Company – How to leave your job on your own terms

ucla-logoThis is a Q&A overflow area for attendees of today’s webinar Parting Company: How to leave your job on your own terms, presented to UCLA’s Anderson School of Management — students, alumni and faculty. The webinar was based on the book Parting Company: How to leave your job.

Many thanks to the team at Anderson for their kind hospitality, and to the audience for sticking around well past the end of the presentation — I enjoyed all your questions! If you have more, please feel free to post and I’ll respond to them all!

Today’s webinar agenda included:

  • When is it time to go?
  • Hitting the wall
  • How to resign right
  • Oops! Got fired!
  • Exit Interviews: Just say NO
  • Parting Company Cribsheet: Avoid the gotchas
  • Resources
  • Q&A

 

 

The 6 Gotchas of Goodbye

In the February 17, 2015 Ask The Headhunter Newsletter, we discuss how HR can make your exit tricky — and how to protect yourself.

The last word on leaving your job

When you leave a job, HR is often waiting for you with a few tricks. I call this exit gantlet the 6 gotchas of goodbye.

gotchaThis is the last of three special editions about what happens when it’s time to leave your job — and what to do to protect yourself. We’ve already discussed How to leave your job and how to Leave on your own terms. Then, of course, there’s the HR process that kicks in (and often kicks you!) when you’re on your way out the door.

Some HR departments are actually quite helpful to departing employees. Others are ready to exact a last pound of flesh from you. In any case, it pays to understand some of the gotchas and to be prepared — in the midst of an emotional ordeal — to escape intact.

These gotchas and my advice about how to beat them are from the 7-page Crib Sheet at the end of the PDF book, Parting Company | How to leave your job. The Crib Sheet is an extensive checklist compiled from my personal discussions with top HR insiders who know how the system works.

The 6 gotchas of goodbye

1. Don’t vent.

Your employer can use anything you say against you later. If you’ve resigned, avoid official discussion of your reasons, unless you want them in your personnel record. (See also pp. 46-47.) If you want to express yourself to your boss or to co-workers, do it off the record, casually, and preferably off-site at a restaurant or coffee shop. (See last week’s discussion about why you should not consent to an exit interview.)

2. Protect your future.

If you’ve resigned, don’t discuss where you’re going. (See also “Keep your future to yourself,” pp. 47-48.) Disclose it later, after you’ve started your new job, when there’s no possibility someone might try to nuke it. I once placed an executive whose resentful old boss contacted the new employer and made wild claims that almost resulted in withdrawal of the offer — until I completed an investigation and my client was satisfied none of it was true. Some employers feel betrayed and can behave irrationally. Don’t risk it.


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3. Protect your stuff.

Don’t leave your personal belongings exposed. Upon termination or resignation, you may not be permitted to retrieve them easily. Some employers will lock you out and pack what they believe is yours and ship it to you later. (See “Get your stuff,” p. 46.)

Tip: Don’t presume you have privacy at work. What you consider private might actually belong to your employer. When you start your job, make it clear in writing what belongs to the company and what belongs to you. One of my HR buddies, who contributed some astonishing tips to the Crib Sheet, says her IT department will confiscate a departing employee’s company cell phone and e-mail account immediately — and will not return any contacts or other digital files, even if they are personal. Never take anything that’s not yours, but think and plan ahead to protect your stuff. (See p. 71, “Protect yourself.”)

4. Outplacement: Don’t settle.

Should you accept outplacement help, or should you negotiate for an even more valuable alternative? One of HR’s dirty little secrets discussed in the book is that some employers offer outplacement not to help you get a new job, but to protect the company from lawsuits.

Tip: Outplacement may be negotiable, as discussed in “Outplacement Or Door #2?”, pp. 28-30. Start by negotiating for as much as you want, and settle for as much as you can get. Don’t assume the company’s first offer is set in stone. You may be able to negotiate a cash alternative so you can hire the career coach of your choice — not one that reports to the employer. Or you can pocket the cash.

5. Document.

HR has an extensive personnel file on you, and it will document your departure. You should document the process, too. Without such records, you may be at a disadvantage if, later on, there’s any controversy about your exit. For example, if you were fired after being put on a Personal Improvement Plan (PIP), obtain copies of relevant documents. Even if you don’t expect to take any legal action, your employer’s behavior may lead you to change your mind. The outcome may hinge on what kind of information you can provide to your lawyer. (See p. 69, “Benefits & documents.”)

Tip: Bring a pad to all meetings with HR during your exit process. Take lots of notes, including names, dates and times — especially about any promises made or terms discussed. Be polite, but make it clear you’re documenting. This puts HR on notice that you’re not a pushover. Your diligence could save you from a trick or two.

6. Don’t be in a hurry.

gotcha1Perhaps the biggest gotcha of the exit process is that HR is expert at it — and you’re not. HR will run loads of forms past you. Don’t be rushed. Make sure you understand every step of the process. For example, if you are given a letter of separation to sign, consider having an attorney review it first. Don’t forfeit your rights in an effort to exit quickly. Protect yourself. (See p. 27, “Do you need a lawyer?”)

(These 6 gotchas are from the 7-page Crib Sheet at the end of the PDF book, Parting Company | How to leave your job.)

Your employer’s HR office conducts an exit process to protect the company. It might be the friendliest, most responsible process possible. Or it might not. The risks to you could be enormous. Think of leaving your job like selling a house. There’s a written legal trail for good reasons: A lot is at stake and no one wants to get screwed. When you exit, be aware of the gotchas. And be ready to protect yourself.

How smooth was your last parting with an employer? Did you ever get surprised on your way out the door? What happened? What advice would you offer to the dearly departing?

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