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

 

 

How to deal with a micro-manager

In the May 5, 2015 Ask The Headhunter Newsletter, a happy employee becomes unhappy when the new boss gets overbearing.

Question

After four months of working very independently and successfully in my current position, reporting directly to a manager who loves my work (as does the senior manager), they have decided that all of us “little people” (non-exempt, hourly employees) should report to a supervisor on a weekly basis instead. Our manager is too busy to manage us.

I am now the direct report of a micro-manager, a real control freak (she said so herself) who wants everything done her way, yet insists she doesn’t want to micro-manage me.

In our first meeting of 45 minutes, she insisted at least six times that she wasn’t trying to micro-manage me. (Of course, it felt like 20.)

What should I do? I am trying to be cooperative and play it low-key, but I feel I may need to speak with the senior manager about it. Any advice on how to handle micro-managers? I really need my job. I am well-liked, work hard and effectively, and was quite happy before she was appointed.

Nick’s Reply

First, I would sit down with your new supervisor. Show her a list of the tasks she has assigned to you, as you understand them. Ask her if there is anything she’d like to change or add. If there is, add it as you sit in front of her. Be very polite, very respectful.

When the list is complete, ask her what timeframes she sees for the deliverables — that is, when should the tasks be completed?
Negotiate to make these realistic. Once you both agree, tell her this:

How to Say It
“I find I can get the most work done when I’m free to get tasks done my own way, with the full understanding that I’m responsible for delivering exactly what my boss asks. The commitment I will make to you is that all these tasks will get done on schedule. I’d like to ask you for a commitment, too — to permit me to manage my work on my own. If I don’t deliver, then I will accept any consequences. But during the work period on these projects, I would like to manage my own work. Can we do that?”

(These two articles may help motivate you: Be known first for the truth and Don’t be afraid to do the job your way.)

If she says no, then sit down and write up a log of your conversation, date and sign it. Put it in your file. You may need to show it to the human resources manager later. Then, go talk to your old boss and explain to him that your supervisor will not permit you to manage your own work. Ask for his support. Do not make any threats. Do not get angry. Just calmly focus on your work and on your commitment to get it done on schedule. Don’t even appear upset.

How to Say It
“Being micro-managed is very distracting and decreases my efficiency. I accept my responsibilities in my job. However, I cannot do my job if I am micro-managed. Here is the commitment I will make to you: If I do not deliver after being left alone to do my job, you should fire me. The commitment I ask of you is, get my super off my back so I can do my job. Can we do that?”

If you get no support, you should be prepared to leave the company and find another job. In fact, I would start a job search, just in case. Odds are pretty high you will have to leave. As Dear Abby is fond of saying, people are not likely to change.

I try not to be cynical, and I try to expect the best, but life is short. No one should have to live and work like this. A boss who micro-manages has an emotional problem and is not likely to change. You must have a good contingency plan.

The best outcome would be if your supervisor recognized how serious a problem she has created for her department. Like I said, odds are that you will have to move on. Don’t let that bother you. It’s a natural thing. Not all companies, bosses, and employees can work together effectively. Staying in a dysfunctional organization is wrong. But, give your managers a chance to recognize the problem, and to fix it. The key is, you must be very respectful about your approach. No anger. No recriminations. Just matter-of-fact business. It’s all about doing your job.

I wish you the best. There is a significant risk in doing what I suggest. There’s an even bigger risk in working with such frustration. For more about how to leave your job fearlessly, see Parting Company: How to leave your job. [THIS WEEK ONLY! Save $3 on this book! Use discount code=SAVE3. Order now!]

Have you ever worked for an over-bearing boss? What’s a diplomatic way for this reader to deal with the boss? My suggestions are just one way to approach this. Let’s hear some other angles!

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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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Parting Company | How to leave your job.
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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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Quit, Fired, Downsized: Leave on your own terms

In the February 10, 2015 Ask The Headhunter Newsletter, we discuss how to know it’s time to go, what to say to exit interviews, and how to resign right.

How are you leaving?leaving

Last week I introduced you to my new PDF book, Parting Company | How to leave your job, and we briefly discussed a reader’s question about what she should say to other employers about getting fired.

But there’s a lot more to the challenge of “parting company” with your employer. This gets short shrift from career writers and advisors because it’s considered water under the bridge — everyone wants to talk about “what to do next.”

The thing is, how you handle leaving your job is largely up to you. It can affect your prospects dramatically — and it can hurt your career. Even if you get fired, you have choices. It’s important to know what your options are. Whether you quit, get fired, or get downsized, do it on your own terms.

Leave on your own terms

This week, I’d like to share some advice straight from the book — just a few of the many issues you need to consider before you take that big step out the door.

Say NO to exit interviews

Whether you get fired or quit, never do an exit interview. (pp. 53-57) I have polled HR managers for over a decade. None can name one benefit of the dreaded exit interview for the departing employee, but I can name several serious risks. Whether you say complimentary things in an exit interview, or make critical comments and vent your frustrations, your words can be used against you.

Most obvious: Suppose you need to take legal action to get your final paycheck or a bonus you’re owed, or because you later realize you were discriminated against. Your employer can use your verbose comments to support its own case. Or, if someone later calls this employer to check your references, any negative comments saved to your personnel file might influence the quality of references you’re given.

Consenting to an exit interview just isn’t worth it.

HR managers argue that they need your candid comments if they’re to improve the company and their processes. But if that really matters to your employer, then HR should be asking you exit interview questions regularly, while you’re an employee, so you can benefit from any resulting improvements.

These are just a few reasons why, when you’re leaving your job, the prudent response to an exit interview is, No, thank you.

Read the signals now

Is it time to go? (pp. 9-11) You should be the best judge of whether it’s time to leave your job, before your employer decides for you. People often get fired because they don’t see signals that it’s time to go. It may be time to go when:

  • You’ve got no professional support. You’re the “top dog” in your department, and there’s no one to mentor you further. You start to stagnate, while everyone else comes to you for help doing their jobs.
  • You’re always ahead of your employer. You understand your work, your tools, the market, and trends better than your employer does, but no one listens to you.
  • You are isolated. There are too many walls between your job function and the rest of the company. You’re not allowed to put your head together with other departments to produce the best solutions. Everyone is isolated.
  • You’re not growing. Your employer doesn’t encourage continuing education and offers little, if any, training. They like you just the way you are, and they want you to stay that way.

Resign right

Do you know how to resign? (pp. 40-49) Many people simply don’t know how to resign properly. This can be catastrophic. Get your ducks in a row before you do it.

  • goodbye1Check your employer’s exit policy. You may be ushered out the door instantly, without being allowed to return to your desk. Find out how others have been treated, and check the written policy.
  • Never resign your old job unless you have the new offer in writing. I’ve seen too many people treat an oral offer as bona fide, quit their old job, and find themselves on the street when the offer is never finalized, or rescinded.
  • Get your stuff. Never take what’s not yours, but if you announce your departure too early, you may have to fight to get your belongings back. Plan ahead.
  • Resign in writing, one sentence only. This is no time to hand your employer ammo against you. Keep it short: “I, John Jones, hereby resign my position with ABC Company.” Sign and deliver to your boss with a copy to HR. Anything you say beyond that can be used against you by your employer. A resignation is business, not personal. Keep it simple.

These tips are excerpted from Parting Company | How to leave your job. There are far too many topics in the book to summarize here. (Check the Table Of Contents for a complete list.)

Next week, we’ll take a look at the HR process that kicks in when you’re on your way out the door. I’ll tell you about The 7 Gotchas of Goodbye. (Oh, yes — HR is waiting for you with a few surprises!)

Have you been fired or downsized? Did you quit for a better job? Did anything happen in the process that you didn’t expect or plan for? How have you controlled your departure from an employer?

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Parting Company: How to leave your job

In the February 3, 2015 Ask The Headhunter Newsletter, we take a look at how to leave your job without hurting your career.

Fired? Downsized? Need to resign?

pc-cover1-211x275In last week’s edition, Your Boss Hates You: The politics of CYA, we discussed a reader’s difficult parting with her employer. Some of the busiest areas of the Ask The Headhunter website and blog are about what happens when you leave your job. If you’ve been fired, downsized, quit or are considering moving on, you may have already read some of my advice about these difficult situations:

Although this blog is mostly devoted to Q&A — your questions and my advice — I’m going to take the liberty of using most of this edition to tell you about Parting Company | How to leave your job — a new PDF book that I’ve spent months preparing. I’ve gotten so many requests for a thorough Answer Kit about how to leave a job that I’ve produced this new 73-page guide that covers almost everything you could possibly need help with.

Parting company is a trying right of passage — and it’s important that you know how to do it on your own terms.

Resigning a job can be a stressful experience. Getting fired is far worse. But, on top of either, who wants to face a gut-wrenching exit interview on the way out the door? Suddenly, otherwise-confident people get clobbered by unnerving choices. You may have gotten fired or downsized, or you may be thinking of quitting — or perhaps you’ve landed a new job and you’re facing a confusing counter-offer from your old employer.

If you don’t part company on your own terms, you can get hurt.

Let’s look at an issue that’s not in Parting Company — but that suggests doing it wrong could cost you a great new job:

Question

I was recently let go without being given a reason. I believe it was because we had a disagreement. I felt my boss was too demanding and high strung, and he felt I was not aggressive enough. When I apply for jobs and they ask me what happened, what should I say?

I have been saying, “I was let go without being given a reason, without any warning.” Would it be better to say, “It was decided they need someone with a different type of background?”

Nick’s Reply

First of all, let’s quibble about semantics. “It was decided…” You make it seem that some unknown force took action. That’s how cowards phrase things. Use a definite source of the action:

“My boss decided the organization needed someone with a different background.”

Then add,

“I agreed. Our philosophies don’t mesh. In that business, it’s crucial to mesh. I’m looking for an organization that I’m compatible with.”

Don’t worry that you might turn an employer off by saying that. If you’re not compatible, it’s best to know immediately.

Don’t avoid discussing the fact that you were let go, but check your personnel paperwork carefully. Did they actually terminate you, or did they ask you to resign? In Parting Company | How to leave your job, see the section titled “Getting Fired is a State of Mind,” pp. 12-14. The attitude you project can make all the difference.

Parting Company | How to leave your job

Parting company fearlessly is just as important as joining a new employer confidently. For this new Answer Kit, I selected the toughest questions you’ve posed to me over the past 12 years — and I’ve enhanced and expanded some of the best advice I’ve shared on the website, in the newsletter, and on this blog. (You’ll find some articles are now gone from the website, because I’ve beefed them up and added more how-to juice to make them key parts of this new 73-page Answer Kit!)

These are just a few of the daunting challenges Parting Company is designed to help you with:

  • 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)

(Please take a look at the complete Table Of Contents.)

My goal with this new book is to help you make your next move successfully — and on your own terms!

The Crib Sheet

goodbyeIncluded in Parting Company is a 7-page Crib Sheet: A checklist of gotchas to avoid as you prepare to exit your company for the last time. I asked some of my favorite HR managers (Yes, I’ve got friends who are good HR managers!) to disclose their insider tips — about what departing employees must do to avoid trouble later, and to make parting as gentle an experience as possible. You’ll learn things that until now you never even worried about — but should have!

+ BONUS MP3

But I won’t leave you hanging after helping you move on from your old job. Parting Company comes with a BONUS MP3 mp3-logo— It’s “all the best stuff” distilled from a workshop I gave at Cornell University’s Johnson School of Management. A lecture hall full of Executive MBA students came to learn How to make contacts that can lead you to a new job! If you’ve enjoyed the How to Say It tips I sprinkle throughout Ask The Headhunter, you’ll love this short, tip-filled audio bonus.

If you’ve subscribed to this newsletter for any period of time, you know that Ask The Headhunter is where you can come for answers — and not just answers you pay for when you buy a book. Every week, I welcome you to bring your questions, comments, stories and suggestions about the topics we discuss here — on the blog — where I do my best to offer advice about the unique problems and challenges you face. And, as a buddy of mine likes to put it…. Mo’ betta than that… you’ll get the insights and advice of the entire Ask The Headhunter community.

Like all Ask The Headhunter PDF books, Parting Company | How to leave your job comes with a 7-day full-refund guarantee.

Got a question about something that’s not in the book? Post it to the blog and we’ll all do our best to help you. If you try Parting Company, I’d love to know your reaction to this new 73-page Ask The Headhunter Answer Kit!

Are you facing a downsizing? Getting fired? Moving on and need to resign? What’s your specific issue or problem? Post it, and we’ll discuss it — and share the entire community’s great advice and suggestions!

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How should I quit this job?

In the May 21, 2013 Ask The Headhunter Newsletter, a job applicant invests more than eight hours in interviews and asks why the employer acts like her time is free:

I currently work for a tiny family-run office and have just gotten a job offer elsewhere. It’s an offer I cannot refuse. I am feeling guilty because they have trained me and I am needed. How much notice should I give and what should be said (what information can be shared)?

I’ve been at this office less than one year, which may or may not make a difference. I would like to remain friendly, but I don’t want to get into a whole big dialogue about where I’m going, why, and so on.

And what about being paid for vacation time earned? Is is reasonable to ask about this?

Nick’s Reply

Congratulations. Some jobs end quickly, while others last years. But changing jobs is no different from a company doing a layoff — it’s business. Don’t make it personal. I admire your desire to keep it on good terms. But the first order of business is to protect yourself while you pull away from your old employer.

leaving-your-jobWe recently discussed a related question, Is it ethical to go on this job interview? Now let’s talk about how to quit when you feel kind of uncomfortable about it.

I’d ask HR about the vacation pay, but first I’d check with your state’s department of labor. Find out what your state requires of the employer.

I think offering two weeks’ notice is the right thing to do. Some companies want only one, some just want to make sure you train someone to do your job — or just that they know where your work flow is so nothing gets dropped. Some employers will walk you out the door immediately and ship your belongings to you later. So be careful. It might be best to gather what’s yours first, before you resign.

I’d never tell the employer where you are going next, but I’d tell them I’d be glad to share that once you are settled at your new job.

How to Say It: “I don’t think it’s appropriate to disclose my new employer until I’m actually working there.”

Some people quit a job without another to go to.

How to Say It: “I’m still considering where I’m going to take my next job. I’d be happy to call and tell you after I decide.”

That makes it easier. You don’t owe anyone the information. All you owe them is a smooth, friendly, responsible transition so your work flow is not disturbed at the old company. I find that when a departing employee gives that assurance from the start, the parting can be on very businesslike terms.

I wish you the best. Please keep in mind that my advice is based on the scant information you provided. You must use your judgment and decide which of my advice to use in your situation for the best outcome. (Finally, remember to hedge your bet just a little bit because There is no sure thing.)

What’s your best and worst departure story? And what are your tips to this reader?

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