New law stops firings, will catch on just ’cause

On July 26, 2021
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.

 

Continue reading

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?

 

 

: :

Back to Top

Break the wrong-job cycle

On May 4, 2020
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?

: :

Back to Top

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

On March 25, 2019

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?

: :

Back to Top

What’s Better: Quit or get fired?

On January 7, 2019

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?

: :

Back to Top

Parting Company: How to leave your job

On February 2, 2015

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!

: :

Back to Top