There’s a Right Way and a Wrong Way to Handle Getting Fired
If you’re ever called into your boss’ office to be fired, do not sign any papers or agree to any deals, an authority on personnel issues says.
“Just sit there and listen. Say: ‘Gosh, this has got me completely by surprise. I’m upset about it. I’ve got to go home and think about it over the weekend. Let’s get together about it next Monday.’ ”
Sounds reasonable, right?
“Don’t start any negotiations at that meeting,” the expert advises. “Don’t agree to anything. There’s no way anybody can force you to sign anything.”
In fact, you are best off if you take notes of what’s been said, “as most people are traumatized in such circumstances.”
Besides, taking notes sends the signal that, “This is not going to be a casual (termination) negotiation, and that this person may be sitting there thinking of lawyers.”
This and other wise hints will appear in a forthcoming book titled “Fired? Fight Back!” (Amacon). The author, who consults for employers, suspects his clients might not appreciate his book, so he has written it under the pseudonym, Mr. X.
To head off an employer who plans to treat you like a turkey in November, trot over to your personnel file and have a gander at the contents. It’s your right in most states, and you can get a pretty fair idea of how you rate and use the favorable evidence later.
Results of evaluation sessions in your file may be just numbers, so Mr. X thinks you’d be smart to take notes about what the boss says at the time. Not only will you appear to be taking everything to heart but, says Mr. X, you’ll lay “a paper trail, just like companies build a paper trail when they get ready to fire you.”
Next, Mr. X advised, dig out your employee handbook. “The wording can be absolutely crucial relating to circumstances of firing.” Judges, in most states, take them seriously.
After you’ve reckoned with being fired, think about what you want to negotiate. For example, should you take a lump sum payment or spread them out over time? Trickier, says Mr. X, are “bonus elements or incentive payments, usually tied to a period of time.”
As for pension benefits, “The company may be willing to trade off giving you less salary continuation but more vesting in the pension plan, and that may be important to you,” he said.
You can also hammer out an agreement about what kind of reference you get. “Lots of companies say they only verify employment and dates of employment but that’s total malarkey,” said the personnel expert.
“I haven’t had five cases in 25 years of someone who wouldn’t give me a reference,” including a negative reference, he added. “You want references to be as positive as you can make them make it.”
As for companies that got you to agree when hired not to work for a competitor for five years once you’ve left, “there’s not a court anywhere that will sustain that,” Mr. X said.
If your employer asks you not to file for unemployment benefits--and drive up the company’s cost--your response could be: “What’s it worth to you?”
You can also negotiate for outplacement help or retraining.
