When You Can’t Afford A Layoff

A layoff can be a stressful and traumatic time for any individual, but for some, it is just not an option. Whether it’s the consequence of financial need, or other personal reasons, many employees cannot accept a Layoff under any circumstances. If this sounds like you or someone you know, there is still hope and options that you many have. Here’s a section of my book “The Employee Rights Handbook” that deals with just that and offers an option to consider. Read now and get informed!

Stay On at a Lower Pay and Grade

A common negotiating strategy to consider taking, especially when you simply can’t afford a layoff, must continue working to receive important medical coverage for a sick spouse, or are a few months shy of a vested retirement benefit and need the extra time to “bridge the gap.” Consider asking for and accepting a job at the company with a lower title and salary grade if necessary. Offering to work reduced hours with no overtime, agreeing to accept less benefits, or accepting a temporary furlough might be sufficient incentive for the employer to reverse its decision and keep you employed, especially when you are well-liked by your boss, there is an opening for another position, you are able to swallow your pride, and the company promises to reinstate you to the former position in better economic times. However, your company may be prohibited from doing this pursuant to an existing collective bargaining agreement or the National Labor Relations Act if you are a union employee. Also, granting your request but denying it to a minority worker might lead to a discrimination lawsuit and be an important reason why your request is denied.

Consider asking for project work as an independent contractor outside of the office if you receive a negative response to the above request but are leaving on good terms and your skills are highly regarded. This happened to a client who worked many years as the editor of a well-known magazine. She inquired if the company needed her services on special projects after she was fired for budgetary reasons. The company accepted her request and benefitted from her expertise while paying her a lower contract rate per magazine issue with no benefits.

STRATEGY: If such an arrangement is offered, be sure it does not impact any severance or post-termination benefits you may be receiving. Don’t ask for projects if you need valuable time to look for permanent employment elsewhere. Negotiate a fair daily rate for your efforts. Always discuss important aspects of the arrangement, 352 The Employee Rights Handbook

such as deadlines, reimbursement of expenses, use and return of company property, when your fees will be paid, and other details to avoid misunderstandings. Ask for a written e-mail memo or letter which includes all the points that were agreed upon. For maximum protection, send a letter to the company yourself or hire an employment attorney to assist you if you don’t receive one.

For a full depth analysis on this topic and many more, visit http://legalstrategiespublishing.com/ to purchase “The Employee Rights Handbook” today!

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