Not everyone gets advance warning that they are going to lose their job, but in some circumstances you may be able to see it coming. If that happens, taking steps to prepare for being laid off can help you get the best possible outcome for a bad situation. Here are some of the ways you can prepare yourself in the event that you may be laid off:
- Watch For the Signs You May Lose Your Job
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- In many cases, employers will signal that they are intending to do layoffs beforehand. In the case of mass layoffs, you are entitled to advance warning under state and federal WARN Acts. On a personal level, you may receive warnings from your employer, such as being put on a Performance Improvement Plan (PIP).
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- Get All Conversations in Writing
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- Put simply, you should never trust anything that only exists as a verbal agreement or statement. Any time you have a conversation with your employer about your job, you should make sure to memorialize it in an e-mail or other form of writing, which can be helpful for record keeping.
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- Save Messages About Your Employment Externally
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- Any messages you receive from your employer about getting laid off should be forwarded to an external email address, outside of your company. That way, you can still access it if you find yourself shut out of your work computer or other associated accounts.
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- Keep a Journal
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- It may sound antiquated, but it can be a good idea to keep a journal from the moment you suspect you may be laid off. Recording everything that happens on a day-to-day basis can act as evidence of various events as they occur, which can be useful for negotiations.
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- Do Not Take the First Deal You Are Offered
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- If you get offered a severance agreement, you should not accept it right away. Instead, you should treat it like any other contract negotiation, and understand that you are essentially being given the lowest possible offer.
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- Be Prepared to Negotiate
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- You have the right to negotiate your severance agreement, and can potentially obtain better terms depending on your circumstances. This may include a better severance payout, access to ongoing benefits like health insurance, or even help finding a new job.
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- Hire a Lawyer
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- The best way to ensure you will have the best chance of success after being laid off is to have an experienced lawyer advising you. They can help negotiate your severance agreement, and represent you in any future legal matters.
Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 46 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.






