If you believe you may be fired at work, or have received notice that your employment is being terminated, that is not necessarily the end of things. As Steven Sack, the Employees’ Lawyer, likes to say, “Every firing is negotiable,” and that is as true for you as it is for anyone else. Here are ten steps you should take to make sure you are fired on your own terms:
- Review your employment contract
- If you have an employment contract (as opposed to being an at-will employee), it should contain terms related to what you are entitled to if you are fired. It should also dictate the terms under which you can be legitimately fired. Reviewing the terms of your contract can be essential for what is to come.
- Begin collecting evidence as soon as possible
- The moment you realize you are going to be fired, you should be collecting evidence about the firing. This means collecting emails, text messages, testimony from fellow employees, and anything else that might potentially strengthen your position.
- Forward emails to an external email address
- Critically, you should make sure all important emails and other messages are forwarded to an external email address, out of control of your employer. That way, they can’t potentially delete the messages or restrict your access to them when you lose your position.
- Limit how much you say to other employees
- You should always be careful about what you say to other employees about any potential firing. While some may be trustworthy, others may communicate what you say to your employer, allowing them to turn your words against you.
- Get everything in writing
- Whenever possible, get everything related to your firing in writing. If your employer conveys something to you verbally, you should make sure to get written confirmation by sending them an email restating what they told you. This way, you always have evidence of what you have said and what others said to you.
- Keep a journal of anything that happens
- Keeping a journal may not seem useful at first, but ensuring you have a contemporaneous account of everything that happens will help with your negotiations. It will act as evidence for your claims, which can be a good basis for your negotiations.
- Get your priorities in order
- When you are getting fired and getting ready to negotiate, you should make sure you understand what is most important for you. That way, you know what to push for when it comes time for negotiating your severance agreement.
- Do not accept your first offer
- When your employer hands you a severance package because you are being fired, you should not see that as your final agreement. Instead, consider it a first offer which you can negotiate. If you accept the first agreement handed to you, that can deny you the chance to get you a better deal.
- Be prepared to argue hard on your behalf
- Just like any other negotiation, you should be prepared to argue hard to get yourself the best severance agreement you can if you are getting fired. If you give in easily, you could literally or proverbially be leaving money on the table.
- Speak to a lawyer
- Ultimately, you cannot handle the complexities of a severance negotiation on your own. If you are getting fired, you should make sure to get the aid of a lawyer with experience handling severance agreements and other employment law issues.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 44 years’ experience handling the many aspects of employment law. His new book, “Fired!: Protect Your Rights & FIGHT BACK If You’re Terminated, Laid Off, Downsized, Restructured, Forced to Resign or Quit,” is available in hardback, and contains valuable advice on dealing with employment and labor law issues. To purchase the book, feel free to contact Steven Sack at 917-371-8000 or visit the website at legalstratpub.com. To inquire about a legal matter, please feel free to contact attorney Steven Sack at 917-371-8000 or stevensackatty@hotmail.com.
