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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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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Your Boss Hates You: The politics of CYA

In the January 27, 2015 Ask The Headhunter Newsletter, a reader is fed up with a boss whose idea of management is bad politics.

Question

mean-bossI work for a failing organization that brought in a new manager to turn things around. The problem is that the new manager has threatened to dismiss me. He clearly hates me. I have never been in this situation before.

Earlier this year I was given a merit raise and was told by my manager’s boss that they were very happy with my work. I’ll be resigning, but how do I insure that this company doesn’t say negative things to a future employer? Should I see a lawyer? How should I handle this in the meantime?

Nick’s Reply

You’re going to have to play politics, because your new manager started the game. Don’t tell yourself that you can’t play because it’s distasteful. This is part of managing your career and work life, so learn to play well. The key is not to go it alone. I’ll offer you some suggestions, but remember that your judgment matters more than mine because you’re in it, and I’m just watching.

First, assess where you really stand.

I’d go talk to your manager’s boss about what’s happened; that is, to the person who told you what a good job you were doing.

How to Say It
“I just got a merit raise and you gave me some nice compliments on my work — this motivated me to work harder and smarter. Now I need your advice. What am I to make of this threat to dismiss me? I want to do the right thing, for the company and for myself. But it’s very distracting to have my new boss threatening me. Can you please advise me?”

You must find out whether you have support, or whether the company will let the new manager toss you aside. It’s hard to say whether the big boss will come to your aid. Managers don’t like to battle with one another, but you must ask for guidance. Hopefully, you’ll get the help you need.

Regardless, you must also take action to protect yourself.

Second, establish a record.

Visit HR and get the facts. What does HR have on file about this matter?

Then create your own record. Start a written log of events (including names, dates, times, conversations), which may be helpful in the event you take legal action. Bring this with you to the HR office, where you can inquire about the problem you’re facing..

How to Say It
“For the record, have any negative reviews or complaints been filed against me? I have not seen a PIP (employee Performance Improvement Plan). Is there one on file?”

When you ask HR these questions, also submit them in written form. HR relies on records; you should, too. It’s part of playing politics well. If your manager is planning to fire you, HR will use a PIP to document your “problem behavior” and the company’s attempt to help you correct it. HR uses the PIP as a kind of CYA action to protect the company legally. It will tip you off to how serious your new manager is about canning you.

If there’s nothing like this on file, then I suggest letting HR know that your manager has threatened you. Bring along a short letter to HR that states what you’re about to say, and include accurate quotations of (a) what your manager’s boss said to praise your work, and (b) what your manager said to threaten you. If you wind up taking legal action, these documents may be helpful. When HR sees this in writing and observes you taking notes, you may not need a lawyer — your manager may need more help than you do.

Then ask HR for help.

How to Say It
“I’d like to ask your advice and help. My manager has threatened to fire me, but his boss recently said XYZ about my work, and I was given a merit raise. So, I’m confused and very concerned. My performance has been praised and rewarded, but now I’m threatened with dismissal, but there’s no warning in your files. Should I be talking with an attorney?”

please-fire-meWhile it’s a bit risky to bring up hiring a lawyer, providing HR with written documents puts HR on notice. Now, HR — if it’s got any integrity at your company — has to take this seriously. (Do you question HR’s integrity? See What’s HR Got to Do With It?) Ask for a response in writing. If HR doesn’t give it to you, log that fact, too. Lawyers love logs. Whether you go to a lawyer is of course up to you. I’m not advocating that, but I want you to be prepared with information a lawyer may need to help you.

While you’re meeting with HR, let HR see that you’re making notes about your conversation — and doing your own CYA. It’s part of playing politics, whether your idea of winning is a lawsuit or merely quitting and moving on.


Coming Next Week: A special edition about how to leave your job.

Did you get fired? About to get downsized? Ready to quit? We’ll discuss how to protect yourself so you can move on — on your own terms! Don’t miss it!


Third, develop options.

Now that you’ve assessed — and let HR know — where you stand, the third part of politics is to get some insurance.

Gather a few written references from managers and co-workers, if you can do it discreetly. If you have a good enough collection, you may not need to include your current manager as a reference when you go job hunting. Other managers will suffice. One negative reference that you can explain as a bad egg may not matter much, as long as you have the support of others who know you well. (For more about this thorny problem, see How can you fight bad references?) You might be surprised at how much support you have when you make your move — even if these same people can’t help you protect your job.

(See Take Care Of Your References.)

Then take this a step farther. Have a friend who is a manager at another company call your current manager, his boss and the HR office, and ask them for references. (Caution: Do not fake this. You need a real manager asking for real references. Never lie. But there’s nothing wrong with playing more politics.) You’ll quickly learn whether they’re torpedoing you. If they are, you may need to talk with an attorney who can put a stop to it.

Just remember that you can’t lead with your references. To be a truly potent job applicant, you must lead with your ability to show an employer how you’re going to contribute to its success. (See Stand Out: How to be the profitable hire.)

Of course, your most important insurance is to line up interviews with other good employers. Even if you take legal action, your best option is a great new job, and the peace of mind that comes with knowing another employer values you and treats you with respect.

I don’t know whether your boss really hates you, but if he’s threatened to fire you, that triggers HR processes, and that’s company politics. If you don’t believe me, you will when you realize that HR’s first job is to protect the employer, not you. So CYA. That means playing politics to protect yourself. Be prepared to fight fire with fire.


HR: Friend Or Foe?

While HR might be very sympathetic and helpful, it can also be your opponent — whether you’re leaving your job or trying to get hired. For more about dealing with HR, see Fearless Job Hunting, Book 4, Overcome Human Resources Obstacles.


Now for my disclaimer: My suggestions can be risky. I’m not a lawyer and this is not legal advice. So use your own judgment and do the best you can.

Have you faced a boss who hates you in spite of your good performance? What did you do to protect yourself? How did it turn out? How would you advise this reader?

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