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#BestofFSCBlog : #YourCareer -What to Do After You Get Fired. Try to Negotiate your Severance Package. A MUst REad for ALL!

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When Melissa Ben-Ishay was 24 years old, she was fired from her job as an assistant media planner for poor performance. She wasn’t passionate about the job, she says, and it showed. Still, she was disappointed, and thought it was unfair that she had been fired. She called her brother, Brian Bushell, who told her that getting fired was the best thing that could happen to her.

“I think you are the way you respond to the things that happen that are out of your control,” she says. “Those moments define you.”

Ms. Ben-Ishay was known among her family and friends for baking tie-dye cupcakes. “‘Go home and bake your cupcakes,’” she says her brother told her. “‘We’ll start a business out of it.’”

Twelve years later, Ms. Ben-Ishay is the chief executive of “Baked by Melissa,” which has 14 locations in New York and New Jersey and ships cupcakes nationwide. “It’s very difficult to see losing your job as an opportunity when you’re in it,” Ms. Ben-Ishay says. But if you have a positive outlook, you can also bounce back after being fired, she says.

Take a deep breath.

The first thing you should do is take some time to reflect, says Ebony Joyce, a career coach and founder of Next Level Career Services. You can take some time to collect yourself, and don’t need to start applying for new jobs the same day. “You want to allow yourself some grace,” Ms. Joyce says. “Give yourself the opportunity and have a positive mindset regardless of the reason why it happened.”

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What Skill Sets Do You have to be ‘Sharpened’ ?

Article continued …

Negotiate your severance package.

Depending on where you work, you might have an exit interview with a human-resources representative. You should ask whether you will receive severance pay, as well as how you will be compensated for any unused vacation days. Remember that you can negotiate within reason. During this conversation, make sure the employer has your current postal and email addresses in case there are any questions.

Check whether you are eligible for unemployment benefits.

To collect these benefits, you must be unemployed through “no fault of your own,” according to the Labor Department. That means if you were fired for misconduct, which could include causes such as stealing, lying or harassment, you will not be eligible. But if you were fired because you weren’t a good fit for the job or because you lack skills, you might be eligible for benefits, depending on where you live. You can learn more about eligibility in your state at CareerOneStop.

“It’s very difficult to see losing your job as an opportunity when you’re in it.”

— Melissa Ben-Ishay, Baked by Melissa

Take time to grieve.

There are stages of grief when you lose a job, just as there are when you experience other types of losses, and it is normal to mourn the loss of a job or your career as it once was, says Jenny Logullo, a career coach and founder of Workplace Worth Academy. After you have taken time to grieve, you can begin to move forward, assess your skills and make intentional choices about what you would like to do next, she says.

Surround yourself with people who support you.

After Ms. Ben-Ishay was fired, she found support from her older brother, who encouraged her to keep going with her business even when she doubted herself. She recommends finding a support network: “Now more than ever, it’s so incredibly important to surround yourself with people who support you and have that confidence in you when you don’t necessarily have it in yourself.”

Start thinking about how you will talk about this experience.

Typically, when you are fired, there was an action that you either took or did not take, says Ms. Logullo. Your next employer will want to know why you left the position, she says. So you will need to craft an explanation that demonstrates that you recognize what happened, and acknowledge what you did or did not do in your previous role so you can learn from it and correct for it in the future. Instead of saying, for example, “They weren’t happy with my performance,” you can say the position wasn’t a perfect fit, and you are excited to learn and build skills in a certain area in the future. “That kind of outcome-driven story is so much more motivating and promising,” she says. Think about how you will address a potential employment gap as you update your résumé, craft cover letters and prepare for your next interview.

Look at this as an opportunity.

There is good that can come out of the situation, Ms. Ben-Ishay says, and you should try to stay positive and hopeful. “I think you are the way you respond to the things that happen that are out of your control,” she says. “Those moments define you.”

Resources
  • A state-by-state list of unemployment insurance contacts from the Department of Labor.
  • CareerOneStop may provide more information about unemployment benefits in your state.
What to read next

WSJ.com | December 7, 2020 | Allison Pohle

#CareerAdvice : How to Negotiate a Better Severance Package If You Are Being Laid Off. A Severance Package can be Negotiated. Understand your Options and Focus On What Matters Most to You. A MUst REad for All!

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Once your employer has given you a termination notice, the chances are your tenure is over. Although there are a few exceptions, it would be difficult to save your job. “I’ve represented probably 10,000 people who have lost their jobs,” says Wayne Outten, the founding partner and chair of Outten and Golden LLP, an employee-side law firm. “The number of people where the company reversed their decision and unfired them is extremely rare.” 

Although you might be overwhelmed, the most important thing to do right now is to focus on negotiating the best terms you can and to be aware of all the options available as part of a severance package. Don’t waste time passively waiting for things to happen to you. This is an opportunity to negotiate something that is fair and equitable for both you and your employer.

“Negotiating a severance package is a difficult moment in everyone’s life, but it can be an opportunity to carve out an agreement that everyone benefits from, and it can be the next step in somebody’s career,” says career coach Paolo Gallo. “It’s not necessarily a funeral.”

Determine what is most important to you and ask for it.

Think about your goals and the employer’s needs, and where the two align. “An organization has the duty to listen to what is important to people, and people have the duty to find out what’s important to the organization, and then find a compromise,” says Mr. Gallo.

If you have considered starting your own consulting business, for example, you could negotiate an arrangement that allows you to stay on as a consultant while pursuing other opportunities. “As an HR director I signed dozens of these kinds of agreements,” says Mr. Gallo. This can help a company to decrease its staff and benefits costs, while retaining your services and institutional knowledge. At the same time, your association with the company can help you attract new clients while you set up shop.

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What Skill Sets Do You have to be ‘Sharpened’ ?

Article continued …

If you need time to find a job and don’t want to be unemployed while looking, you can request that your severance be paid out in installments over a period of time and that your name stays on your employer’s website until you find your next job. The vesting period on your 401(k) is the amount of time you must work for your company before you gain access to its payments to your plan. Your payments, on the other hand, vest immediately. If your plan hasn’t fully vested, you can ask your employer to pay you the difference between the full and vested balances, or you can request to delay your termination date until it vests. You can also ask your employer to cover your health-insurance costs until you find a new job.

“Don’t think about how much money you can squeeze out of the organization,” says Mr. Gallo. “Think about what else might be important to you.”

What you can negotiate in a severance package:

  • More money. You can ask for more money, although you should keep in mind the amount is often tied to how long you have been working for your employer.
  • How the severance is paid. You could request that it be paid out in installments so that you continue to get paid regularly while you look for your next job. Or if you are worried about the company’s future performance, you can request one lump sum.
  • Remaining tied to the organization. You may ask to stay on as a paid contractor while pursuing other opportunities in lieu of taking the severance.
  • Retirement plan contributions. You could request that the employer pays you the unvested amount of your retirement plan, or if you are close to fully vesting, you can ask to move your termination date until that happens.
  • Stock options. Unlike 401(k) plans and defined-benefit pension contributions, which are regulated by the Employee Retirement Income Security Act and the Internal Revenue Service, you can request to accelerate the vesting period of your stock options or to have them continue to vest after you leave.
  • Health insurance. If you are concerned about health-care costs, you could ask your employer to cover your health insurance until you find your next opportunity.
  • References. You could include a clause in your package that stipulates how your employer will describe your period of employment if asked for references about you.
  • Outplacement services. You can request access to services, such as career coaching, training or help with your resume and cover letter until you find your next role.
Check your contract or employee handbook—and the law.

While companies are usually not legally required to provide severance pay, some employers do, and they have policies for how it works. Read through your contract or employee handbook to make sure your employer is following its policy. If there is a discrepancy, point it out during your negotiation.

Keep in mind that employers usually pay severance benefits only after the employee signs a release not to bring claims against the company, so it may make sense to consult with an employment attorney if you have any concerns.

Negotiate with the person who has the power and inclination to help you.

In negotiating your severance package, it is important to take stock of how long you have been with your employer, what your position is within the organization and what your contributions have been. Severance pay is usually reserved for salaried employees, and those who have served the longest reap the greatest reward.

However, don’t underestimate the three P’s in this equation: power, personality and politics. In particular, you should aim to negotiate with someone who has the authority and the willingness to help you. “Talk to the right people,” says Don Wylie, a managing partner at the recruiting firm Lucas Group. “Sit down with those people that have been your mentors, your allies.” Describe why the package is inadequate, and point to everything you contributed to the company during your tenure. If you can quantify your contributions—such as saving the company a lot of money due to an innovation you contributed to, or the additional sales you brought in as a result of you winning an important client—even better. When companies lay off a large group of employees, they sometimes swipe with a broad brush and forget about the individual contributions that you have made.

Don’t hesitate to explain your personal situation if necessary. “As a general rule, nobody wants to see another human being suffer,” says Mr. Wylie. “Look at your personal financial situation and how that’s going to strain. If you don’t ask and you don’t explain, obviously you’re not going to get anything.”

Resources
  • Excerpt on Severance Negotiation.This excerpt from Wayne Outten’s book covers many of the legal and strategic aspects of severance negotiation.
  • The Compass and the Radar. In this book, Paolo Gallo offers practical tools as well as insights on the trade-offs and difficult choices everyone needs to make at some point in their careers.
What to read next

WSJ.com | December 16, 2020 | Deborah Acosta

#JobSearch : How To Talk About A Layoff Or Furlough In A Job Interview. You will Be Asked About your Career Moves and Layoff(s).

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Mass layoffs and furloughs have been announced across a variety of industries — travel and leisure, media, energy, financial services, etc. (Business Insider keeps a running tally here). While losing your job may be more commonplace now, it can still be difficult to talk about, especially in a job interview, where you might feel less confident admitting any negative news.

You will likely be asked about your various career moves and transitions, especially your most recent ones. You may also be asked about any gaps in your resume. Finally, with layoffs prominently featured in the news and top of mind for many, the interviewer may ask you outright if you were downsized.

The good news is that, with so many people affected, there is less stigma attached to being laid off or furloughed. The better news is that you have control on how you talk about a layoff or furlough. You can minimize the negative impact of being laid off or furloughed and still ace your job interview by taking these five steps:

1 – Address what the interviewer really wants to know

Remember that the purpose of the job interview is to determine if you’re the best candidate for the job. The prospective employer wants their problem solved. They really aren’t focused on you, except for what you can do for them. In the same way, they don’t really care about your layoff, except what it might reveal about how good an employee you will be.

A layoff or furlough can impact you negatively if the prospective employer thinks you were let go for performance reasons. You can counter that by confirming that you were one among many and not singled out for cause. The prospective employer might worry that your time away from work has eroded your skills. You can counter that by keeping your skills and expertise updated. The prospective employer might assume your recent bad experience has soured your attitude or work ethic. You can counter that by showing high energy and enthusiasm during the interview.

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What Skill Sets Do You have to be ‘Sharpened’ ?

Article continued …

2 — Keep your answer concise

Concise means just enough information. You don’t want to say too little, such as avoiding talking about the layoff or furlough at all. This makes it appears as if you’re hiding something. At the same time, you don’t want to say too much and keep referencing it throughout the job interview. This is like going on a date where the other person spends the whole time talking about their ex! The incident is in the past, and the job interview is for the future. You want to assure the prospective employer that you only have eyes for them.

3 — Keep your tone neutral and non-judgmental

The prospective employer wants to hire someone who will be committed and a positive addition to the team. If you bad mouth your previous employer, your next employer will worry you will say the same about them. Even if the layoff or furlough was handled terribly or you felt you were treated unfairly or you have whatever good reason for having a negative opinion about your past employer, keep your tone neutral and non-judgmental when you explain what happened. (it helps when you keep your answers concise!)

Getting to a neutral tone when you are talking about a difficult issue is something you may need to practice. As a longtime recruiter, I have sat in too many interviews where the candidate clearly still harbors negative feelings toward a past employer. Outline in advance what you will say about the layoff or furlough. Practice saying it until you can do it without getting emotional – e.g., sad, angry, defensive. Role play with someone else who will probe on this issue to make sure you’re comfortable talking about it. (Read more tips here on how to handle a hostile interview.)

4 — Refocus the interview back to the job opening

The likelihood is that the interviewer will move on quickly after hearing a satisfactory explanation for your layoff or furlough. But you can help move the interview along by initiating the transition back to the job opening at hand. For example, as you talk about your recent job, you mention that you left because you were laid off, and then you immediately highlight the skills, expertise and experience you gained at the job that is relevant to this particular opening. No need to wait for the interviewer to sign off on your layoff explanation and give you permission to move on. The job interview is a conversation, a two-way street, and you can control the agenda as much as the interviewer by refocusing the interview on the job opening.

5 — Line up references to support your story

Too many job seekers wait till they have an impending job offer before lining up their list of professional references. It takes time to reach your references and confirm that: 1) they agree to give you a reference; 2) you have their most updated contact information; and 3) they know what to say to give you the strongest and most relevant reference possible.

Number 3 surprises some people, but you need to coach your references. You don’t need to tell them what to say word-for-word (and legitimate references won’t want you to do that anyway). However, you need to tell them what jobs you’re going for so they can highlight the relevant aspects of your previous work together. This includes talking about the circumstances surrounding your layoff or furlough – even if only to confirm that it wasn’t performance-related. Having your references lined up in advance, including someone who will corroborate your account of the layoff or furlough, will make you more confident and comfortable in your job interview.

You determine how strong a candidate you are, not your layoff or furlough

Being laid off or furloughed is the end of that job, but certainly not your career. You can still come across as a strong candidate during the job interview by highlighting the skills, expertise and experience you do have. Remember that the prospective employer is focused on hiring a solution to their problem, not your layoff or furlough at all.

 

Forbes.com | October 28, 2020 | Caroline Ceniza-Levine

#JobSearch : What To Do If You Have Been Laid Off Due To COVID-19. Worst Words to Hear: “We have to let you go.”

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More than 22 million Americans filing for unemployment as of April 16, 2020 have heard this sentence since the COVID-19 pandemic started escalating in March 2020.  The rise of companies and small businesses being forced to shut their doors temporarily or permanently has pushed unemployment rates through the roof.

This may feel like the rock bottom you never wanted to reach, but as someone who lost all of her financial success once before, let me remind you that there are things you can do to get out. You can reclaim your career, your sense of dignity, and believe it or not, you can come out stronger than ever before.

When a major life change like this hits you upside the head, being able to focus on the right action steps can feel difficult. Your emotions are running wild, and the world feels all doom and gloom.  But, with a little strategy and focus, there are steps you can take right now to stay afloat and prepare you for the future.  Here is what to do if you recently lost your job.

1. Gather information.

You walk away from the meeting where you were let go and hop on a job-hunting site. Although this may feel like a no-brainer move to make, it could land you in a job that you don’t want. Resist the urge to be reactive, and consider taking a few days to gather yourself and build a plan.

Begin by reviewing your previous employment information. When you leave, ask for a copy of your original employment letter or agreement, and look to see if there were any non-compete agreements set in place that may disqualify you from applying for certain companies. Also, note that each state has different laws about noncompetes. For example, California pretty much won’t enforce them (but I’m any lawyer over here). These details will save you time down the road.

Put together a list of contacts in your network that you can reach out to. This could include previous colleagues, bosses, alumni, friends, or networking connections. Build this list and then send each of them an email asking to have a virtual coffee or phone call.  Historically, most jobs, upwards of 85%, are filled without even being posted online.  So leverage your network to help you during this time of need, that is what they are there for after all.  Also remember that with everyone in quarantine, it’s a great time to network. People are more available than usual, and more likely to say yes to a networking conversation.

Before your phone calls, spend some time getting clear on what skill set you to bring to the table and which roles are most aligned with where you want to go.

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What Skill Sets Do You have to be ‘Sharpened’ ?

Article continued …

2. File for unemployment.

If you lost your job due to COVID-19, you qualify for weekly unemployment payments from your state of employment. This isn’t only for corporate jobs, the CARE Act opened unemployment for gig workers, freelancers or other self-employed individuals.  Get this process started right away so that you have some form of income to hold you over during the job hunt.

This paycheck may be what gives you the peace of mind to focus during interviews without the financial pressure showering down overhead.

3. Take care of your health.

Healthcare typically ends at the end of the month where your employment was terminated.  Be sure to get your healthcare plans in place.  In most cases, you can keep your employer’s plan for up to three years with the federal program COBRA, but since the premiums tend to be very high, it could be worth exploring other options. If this isn’t a path, consider purchasing insurance through the Affordable Care act. At a time when health is wildly important, you don’t want to skip out on being protected.

The reality is, a job loss takes an emotional and physical toll on individuals. Data has found the effects of job displacement take off an estimated 1-1.5 years of life for individuals over forty, with the effects of a layoff being stronger for those who expected to remain in the workforce longer.

When you’re living your best life, it’s easy to take care of yourself.  When things are rough, falling into the trap of comfort food and cuddling up on the couch can become far too easy.  Take care of yourself, and create a sense of routine in your life that fosters preventative wellness.

In a world of green juice, supplements, and med spas, remember the basics are so underrated! Have you gotten enough rest? Are you drinking water? Have you eaten nutritious meals?

4. Don’t be afraid to get creative.

Depending on your financial state, you may have more or less leniency on what you can afford to do. This may look like taking a temporary job while you continue to apply for new jobs or it may look like building the side hustle you always wanted.

While it may feel hopeless to hear the news updates and ongoing crisis, recruiters are still hiring or looking to build relationships with individuals for the future. Evaluate your skill set and pursue opportunities at the companies that are still hiring. If you were a customer service representative for a travel agency, don’t be afraid to look for service jobs in the growing healthcare industry.  If you were a teacher, consider building an online learning course for students that parents could purchase.  The world is changing, and it is time for your thinking to change with it.

4. Brush up on your interview skills.

Take some time to review or edit your resume and cover letter. Be sure to gather any new or updated letters of recommendation.  If you left your previous employer on good terms, ask for a letter from your boss. Although they had to let you go, it looks great to have their support post-employment.

  • Practice and polish your answer to the most common interview question,  “tell me about yourself.”
  • Practice interviews over the phone and video with a friend, family member or career coach like myself.  The job search process is evolving, and hiring is almost solely occurring online right now.
  • Do your research on each company you are applying for.  Know their background, culture and current state, since 47% of hiring managers report passing on candidates that don’t clearly know their company.

Getting laid off doesn’t feel good, but it doesn’t have to tarnish your inspiration in your career.  Shift your perspective and view this as an opportunity to really showcase your potential and skills.  Anyone can make lemonade when there are lemons in their kitchen but are you willing to go out and find the lemons yourself?

Author:  Ashley StahlContributor  Careers

Forbes.com | May 5, 2020

#CareerAdvice : #Fired – Why Closure Is So Important For Moving On After Losing A Job. A #MustRead for All!

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We’ve heard it a million times in a million different ways. You can’t embrace the future with one foot stuck in the past. You can’t go forward if you’re looking in the rear view mirror. You can’t solve problems with the same thinking that created the problems in the first place. The common theme is about the need to close out one chapter in order to embrace the next one.

There are three parts to this: 1) Accepting the need to close out a chapter; 2) Closing out the old chapter; 3) Moving on.

Accepting the need to close out a chapter

People go through the stages of grief for some changes. After a shock, they go through denial, anger, bargaining and depression before accepting the inevitable. As Elisabeth Kubler-Ross originally suggested, they do not necessarily progress through these stages in any particular order; they revisit some stages; and they may get stuck in one stage for an extended period.

This happens when people lose jobs.

Today In: Leadership

At Procter & Gamble, we’d give poor performers a warning. If they didn’t improve on their own in three months, we’d put them on a formal “Performance Improvement Plan” for another three months, giving them extra resources and support. If that didn’t work, they were put on “Special Assignment” for three months. Their only assignment was to look for another job, but they could still say they were employed by Procter & Gamble as that was true.

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What Skill Sets do You have to be ‘Sharpened’ ?

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One of the people working for me went through all three parts over a nine-month period. At the end of his Special Assignment, he had not found a job. It’s not clear he had ever really looked for a job. I met with him on his last day to say goodbye. He asked “What happens next?” When I told him he was terminated, he got angry, saying we hadn’t given him notice. In nine months, he had never gotten past denial.

A more common situation happens when people can’t get over their loss of a job over time. The nature of our work at PrimeGenesis means that we come in contact with a lot of people moving from one job to another. We see people stuck in each of the intermediate stages:

  • Denial manifests itself in words like “We’re still negotiating next steps,” “I’m not sure I’m leaving,” and the like.
  • Anger looks a lot like blame. “My boss was a jerk.” “The owners didn’t know what they were doing.” These people have a hard time answering almost any question without attacking someone who did something to them in the past.
  • Bargaining comes out when people try to get back into an organization they left. This could be in a consulting capacity with the organization itself or with one of their suppliers or allies.
  • Depression is a real risk for people in transition between jobs. They begin to doubt themselves and have a hard time doing their best at interviews and the like.

Closing out the old chapter

Different people say goodbye in different ways. Goodbye parties, commencement exercises and the like are ceremonies to mark transitions. Some people prefer ceremonies like those. Some people prefer to fade away into the sunset.

However you choose to do it, draw a line and turn the page on the old chapter. Whether it’s moving your things out of your old office, deleting your old files, or burning your old boss in effigy, do something to mark the end.

Moving on

Saying goodbye to the old frees you to embrace the new. Of course, you should internalize the lessons about what you did well and less well. Do this not to relive those experiences again, but, rather, to help you shape your new experiences.

Everything you’ve done in the past sets you up to be the best you you can be going forward. Don’t fight denial, anger, bargaining and depression. Instead, move through them, close them out, accept your reality, and embrace your future.

Author:   George Bradt

I focus on executive onboarding and leading through points of inflection to accelerate transitions, leveraging my own senior line management and consulting experience, a…

Click here for a list of my Forbes articles and a summary of my book on executive onboarding: The New Leader’s 100-Day Action Plan.

Follow me on Twitter. Check out my website.

Forbes.com | November 19, 2019

#CareerAdvice : #SeverancePackage -7 Considerations When You Negotiate #Severance . #MustRead !

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You would probably be suspicious if your boss asked to meet with you in the conference room after lunch. You know something is amiss when the head of human resources (HR) is sitting in. You’re probably on the way out.

That’s good advice, especially since what a company offers in severance can be made up of many parts, such as a lump-sum payment and outplacement. It’s also important as there’s no consensus on how much to pay or what to provide. In other words, there’s a lot of potential gray area.

  • Unless a contract covers you, most states classify you as an “at-will” employee, meaning your boss can fire you without a set reason and not be on the hook for any severance pay.
  • The rule of thumb that applies to severance packages—two weeks’ pay for every year of employment—turns out to be a rough average.
  • It helps to determine what you can ask for during negotiations and what is off limits.

What your final payments will be should fall within a wide range. And there is a lot of ground to cover in negotiations beyond your last paycheck. There are seven key things you should know if you are ever terminated from a position.

1. Know What Both Sides Are Seeking and Are Required to Do

Your employer has made it clear they don’t need you for whatever reason. Unless a contract covers you, most states classify you as an “at-will” employee, meaning your boss can fire you without a set reason and not be on the hook for any severance pay. You may have even signed a document confirming that point when you were hired.

Remember that the company wants closure, and for good reason. Your separation agreement signature is worth money because it potentially limits the number of legal issues you, the fired or downsized employee, might pursue. Less hassle now and in the future means fewer billable hours for the company’s legal counsel. You get the picture.

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2. There’s a Range of Financial Outcomes

If you’re a top executive, the terms of what you’ll pocket when you pack up are typically spelled out in your employment contract. For everyone else, from upper-level management down the corporate ranks, things are likely not so clear.

That’s where informal guidelines come into play. The rule of thumb that applies to severance packages—two weeks’ pay for every year of employment—turns out to be a rough average. In practice, it ranges between one to four weeks depending on circumstances, says Jeffrey M. Landes, a lawyer in the labor and employment practice of the New York firm Epstein Becker & Green.

3. How Much You Get Depends on Several Factors

As far as severance goes, your tenure on the job is just one of several considerations. If you’re fired because your boss feels you didn’t measure up, it’s likely to be on the lower end of the scale. If your company was bought out and forced to shed jobs, you might find your boss wants to be more generous. Ask yourself the following questions:

  • How well did you perform and how well is it documented? The better your evaluations and the more popular you are, the more likely that an employer will carve out more severance pay.
  • What triggered your dismissal? If the circumstances behind your termination are out of your company’s hands—downsizing as the result of a merger or the axing of an obsolete division—terms are likely to be more generous.
  • Has your company been lax about tracking your performance? Your company is likely to weigh its legal vulnerability. If you were fired for under-performance, you might gain leverage if your evaluations are unclear or seem to point to good work.

4. Review Your Work History—Closely

Miriam F. Clark, a partner at the New York employment-law firm Ritz Clark & Ben-Asher, says one of the first things to examine with a lawyer are documents that chart your history at the company and how well you performed your job. The overall picture will help determine whether you have a discrimination case to pursue. If you have grounds for action, there’s potentially a court award or settlement in your future. At the very least—if there’s a scent of something awry—you’ve got additional leverage in severance negotiations.

5. Know Where Your Company Has Flexibility

It helps to determine what you can ask for during negotiations and what is off limits. Some things your company can negotiate and others are outside your boss’ control. First, there’s the law to consider. The law in Ohio, for instance, requires compensation for the accrued vacation. That’s because it is considered a deferred payment for a benefit you’ve earned, says Cleveland attorney Jon Hyman.

Similarly, your company will probably have little or no leeway when it comes to employee benefits. Insurance carriers determine healthcare and insurance coverage, not your employer. You can stay on the company health plan for up to 18 months under COBRA law, but you’ll likely pay a steep price for the privilege. Your disability coverage through the company, meanwhile, is likely to end when your employment does.

You can request that your employer boost your severance package to help foot the bill for COBRA coverage or the initial cost of disability insurance.

Some employees may be able to negotiate to delay the formal date of their separation from the company to accommodate benefits issues, such as reaching a pension deadline.

Consider a few other possibilities, as well. For example, it’s not uncommon for employees to ask for the sum of money employers might have earmarked for outplacement services, says Clark.

Landes says that another talking point is the timing of your severance payment to maximize what you get in state unemployment benefits. Delaying the receipt of severance for one month may prevent receiving lower unemployment benefits, for example.

6. Tap Into Relationships

Relationships can matter during severance negotiations, too. There are times when employees themselves handle some of the face-to-face haggling over severance terms instead of bringing in an attorney. Those cases are more common when employees have a close relationship with a boss or someone else on the other side of the table.

7. Remember the Future

Hammering out the best terms in your separation agreement goes beyond money—what you agree to can affect your long-term career. Future job references are also something to take up before you sign off. Your separation-agreement negotiations can address what’s put in writing when prospective employers check into your work history. They can also spell out who provides a reference and what information can be shared over the telephone as well. That’s especially important if you’ve bounced around a few jobs or had an ongoing spat with a supervisor.

There are also likely to be provisions that require you to keep mum about why you’re leaving and the terms you struck on the way out. If you find the limitations too stifling, you may push back and change them during talks. For instance, you may want to carve out exceptions to cover speaking with your spouse and kids about what happened.

The Bottom Line

In the end, stay objective and focused. While combing through the finer points of a separation agreement can be a painful exercise, they’re an essential step in getting back on track. A clear mind and sharp focus can help you close the past, secure the present, and pave the way to a brighter future. Above all, remember you’ll be in shock at that first meeting, even if it’s not a complete surprise. Don’t sign anything immediately. And try to talk to an attorney who specializes in employment law before you do sign something.

 

Investopedia.com |  Updated Jul 6, 2019 | BY JAMES ANDERSON

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#CareerAdvice : #YourCareer -5 Things I Wish My #Boss Didn’t Know About Me. A MUst REad for All!

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Recently, a friend of mine was fired from her job of 11 years. The reason was for a violation of a policy – a policy that had never been strictly enforced. Her evaluations during her first 10 years had been impeccable.

During that 11th year, her teenage son had developed behavioral issues and she was forced to leave work on several occasions, using personal and sick time to do so. She was honest with her boss about the situation. To this day, she is pretty certain that the termination was due to her rate of absenteeism and the fact that her boss knew her son had drug abuse issues. He was looking for a reason to fire her.

 Of course we know that workplace discrimination is illegal. And companies are very careful about this. Other discrimination, however, can be very subtle and even occur at a subconscious level on the part of a boss. Knowing about my friend’s experience, I have assessed my own situation, and now wish my boss didn’t know certain things about me. And it’s not stuff like my online degree. It’s the more personal stuff.

Here are 5 things he(My Boss)  knows that probably won’t get me fired but may color her perceptions when it is time for raises or promotions.

 My Political Affiliation

My politics are no secret, as anyone who views my Facebook page knows. And I am pretty open about them with co-workers. My boss clearly knows, and that could influence her decision about a promotion, because we are not on the same side of the spectrum.

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 My Wife’s Income

My wife holds a top executive position, and while my boss doesn’t know her exact salary, she certainly can guess the range. My boss might not think I “need” a big raise because we are doing well already, and a promotion might go to someone else who is struggling more than me financially.

 My “Second” Job

I do some freelance work on the side, not because I need the money, but because it is nothing like the work I do during the day, and I enjoy it. Now I am wondering if my boss thinks I am not giving my “all” to the company. And if the company ever adopts a policy against moonlighting, she’ll have to address it with me. If I hadn’t opened my mouth, it would never become an issue.

 I Was in Therapy Once

To me, going to therapy if there are personal issues is the smart thing to do. I now realize that there is still a stigma attached to this in the minds of many, and I wonder if that includes my boss. She could worry that I might become unstable.

 My Religion (or Lack Thereof)

I am an agnostic, and am very open about this. And in the course of a few casual conversations during happy hours, my boss and co-workers now know this. This was probably not a wise move, since I now know that my boss is a strong Christian. Could this impact my future? I don’t know, but my beliefs should have remained private.

My friend’s experienced has wizened me. If I leave my current job for a new position, I know what I won’t reveal ever again.

Daniela McVicker

FSC Career Blog Guest Author:

Daniela McVicker

Writer at Freelance

FSC Career Blog | July 5, 2019

#CareerAdvice : #FiredEmployee – 7 Things to Do Immediately if You Get #Fired . MUst Read!

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In the moment, getting fired can feel earthshattering. But for such a seemingly catastrophic event, getting fired is actually quite common. Business icons like Steve Jobs, Anna Wintour and Oprah Winfrey were all famously fired at some point in their career. In fact, in 2010 Wintour told a conference audience, “I recommend you all get fired. It’s a great learning experience.”

There are also a whole slew of reasons why the firing might not have even been your fault. Setting reasonable boundaries in a chaotic work environment, raising “elephant in the room” issues that management is afraid to address or even delivering such stellar results that you embarrass your boss can all be hidden reasons for being handed the pink slip. And if getting fired was really your fault? This is an excellent learning opportunity.

Once you get the news, you need a gameplan. You’ll want to carefully plan your next moves while at the same time ensuring that you have an exit that is seamless for all parties involved. Here are seven steps to take to smoothly propel yourself from your current situation into a cushy new gig.

1. Ask The Right Questions

Once you receive notice of your termination, a good first question to start with is: Why was I fired? While it can be painful to have your shortcomings laid out in front of you, ultimately, learning about your flaws will help you grow. That way, you’ll be less likely to repeat the same mistakes and risk getting fired again in a successive job. Plus, it’s great fodder for the ever-common interview question about what your greatest weakness is! And if you find out that the company is letting you go because of structural changes that have nothing to do with your individual performance, then it’s a weight off your shoulders.

You’ll also want to ask questions about whether there are any other positions available internally at the company, whether your employer would be willing to write a recommendation for you, what the final date of your departure is and anything else the company expects from you before you leave.

How to Address Being Fired or Laid Off in Your Next Interview

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2. Negotiate The Terms Of Your Departure

Ideally, you’ll want to negotiate the maximum severance pay you can muster. As a general note, severance is common in layoffs, but far less common when you’re fired for a cause. Except in certain cases, it’s not required by law for employers to give it. If you rely on the company for health insurance, it’s also important to put a focus on extending your health benefits for as long as possible. Be sure to negotiate all of these aspects before signing any documents like a non-disclosure agreement. If the company hits you with a pile of documents written in legalese, or all of this seems like an insurmountable task, you might consider retaining an employment attorney to help you with the process. Shelling out a bit for help in the short-term might save you headaches (and money) in the long-term. If you think you were wrongly terminated — for reasons like discrimination, whistleblowing or if the company breaches their contract with you — then an employment attorney is particularly helpful, as they can help you build your case towards getting the compensation you deserve.

3. Check if You Qualify for Unemployment Benefits

If you were terminated for misconduct — such as failing a drug test, stealing or lying — you will likely be frozen out of unemployment benefits for a time, although laws vary from state to state. However, being fired because of reasons like company cutbacks, being a poor fit for the job or a lack of skills likely means that you’re eligible for unemployment benefits.

4. Reach Out to Your Network

Besides finding jobs through job search websites like Glassdoor, your network is also a great place to start scouting for future opportunities. You can start by sending check-in messages to former colleagues, scheduling informational interviews in companies or industries you’re interested in working for and building your online professional presence. While you should make it clear to people in your network that you’re in the market for a new gig, there’s also no need to openly broadcast that you were fired, unless you’re asked directly. Especially in the week after you receive the news, take time to consider how you’re going to present the story of why you were fired to others. When you are presenting a rocky employment situation to others, Kerry Hannon, career expert and author of Love Your Job: The New Rules for Career Happiness, advises: “It’s always reframing it into what you learned from that experience, not why it was a bad thing.” Turning the story into a blame game is often less than professional. “Don’t blame them, and don’t blame yourself — just say it wasn’t a good fit,” says Hannon.

How to Network

5. Start Brushing Up Your Resume

After you receive notice about your termination, it’s never too early to start prepping for job applications. Start by sprucing up your resume with the details from your most recent job, as well as any skills you obtained during it. And, if it’s been a while since you last updated your resume, you might want to consider a complete resume overhaul — these templates are a great place to get inspiration.

6. Set Job Alerts

Although you still might have a few weeks to finish up at your current gig, the job search doesn’t need to wait until after you leave. While you might not have time to do an in-depth search while still heading to work every day, using job alerts can save you time in the job search and get a headstart on finding your next gig. Glassdoor’s job alert tool allows you to receive emails every time a job you’re interested in is posted. You can even filter the results based on categories like company rating, location, company size and more.

7. Have Faith In Yourself

In 2018, a 10-year study of over 2,600 executives published in the book The CEO Next Door revealed that of the executives who got fired during their career, a remarkable 91 percent found a new position that was as good — or better — than their previous one. Getting fired is by no means the end of your career. In fact, it’s an opportunity to do a sober assessment of what your career goals are, and the elements you need to shift to achieve those goals.

 

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#CareerAdvice : #LaidOff – What Not to Do If you Get Laid Off or Fired.

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When you’re out of work, no matter how you became unemployed, it’s tempting to dwell on what happened. That can be a dangerous road to go down, as focusing on the past can prevent you from achieving your future.

Yes, you may get asked about why you’re unemployed during a job interview, and it may be tempting to use that as a way to tell your side of the story. That, however, is a bad idea. Take the high road. Offer a factual answer, but don’t elaborate if at all possible–and bring up something positive.

Be upbeat even if you were wronged by your previous employer. Tell the truth, but keep it brief, and focus on your desire to find new challenges, not any bitterness you have over what happened.

1. NEVER DISPARAGE YOUR PAST EMPLOYER

In many industries, all of the major players–and maybe even the minor ones–know each other. The person interviewing you may know your past boss was difficult to work for or that the company has a terrible reputation.

That might lead the interviewer into opening the door to critiquing your past employer by leading off the criticism. Don’t take the bait. It’s fair to say “there were challenges, but I prefer to focus on what I learned from handling them.” Remember that even if the interviewer opens the door, you don’t have to walk through it.

 

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2. DON’T BASH YOUR OWN CHOICES

Focus on the opportunity ahead of you, not what might have gone wrong in the past. You, for example, may regret not leaving years ago–before a layoff or before market conditions forced you to quit. Don’t bring that up. Keep the conversation on the opportunities ahead of you, and use your past to demonstrate how you’ve built the skills for whatever is next.

It’s also important to make it clear that you’re excited about your future and not moving on because you have no choice. A lot of journalists, for example, have missed out on opportunities in public relations or other fields, because they spend time during interviews talking about the deterioration of their former profession. Employers want employees who want to be there, not people forced to do something else.

3. DON’T BE OVERLY WISTFUL

It’s fine to express admiration for your past employer. You don’t, however, want to act like a jilted boyfriend or girlfriend. Maybe you would have been an employee at wherever you worked forever if it was your choice, but your new employer doesn’t want to hear that any more than a new person your dating wants to hear how you’d take your ex back in a heartbeat.

IT’S SMARTER TO FOCUS ON THE FUTURE

Answer any questions you’re asked truthfully, but try to make your interview about the future. Lay out how your skills and experience make you a great candidate. Have a positive attitude, even if you just went through some negative things, and let the past be the past.

 

FastCompany.com | January 22, 2019 | BY DANIEL B. KLINE—THE MOTLEY FOOL 2 MINUTE READ

#CareerAdvice : How to Save Your Job if You Might Be #Fired .

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Getting hit with a bad performance review or a warning from HR catches many people off guard, but according to career experts, there are telltale signs that your job could be in trouble that most people ignore, whether they consciously choose to or not.

For example, maybe you see your responsibilities being handed over to other employees. “If you find your once full plate is becoming increasingly empty, this could be a red flag,” says Joel Garfinkle, author of Getting Ahead: Three Steps to Take Your Career to the Next Level.

Another sign: you’re no longer first to know information or you aren’t getting invited to those important meetings. And the most telling one of all: a bad review.

But just because the writing is on the wall doesn’t mean you can’t come back from a bad situation at work. Whether you receive a poor performance review or just suspect your boss is getting annoyed with you, knowing the signs you could be fired is key to preventing it from happening.

“If you’ve been put under performance review or feel like you may potentially lose your job this should be a warning that you take quite seriously,” says Joel Garfinkle, author of Getting Ahead: Three Steps to Take Your Career to the Next Level.  “However all hope is not lost. Taking the initiative to improve your performance is a great first step.”

Be Proactive to Save Your Job

Once you are aware your job could be in trouble taking proactive steps to improve your performance is the best way to stay employed.

“So few people who get fired for performance reasons even bother trying to do what has been asked of them. Instead they focus on the unfairness factor,” says Suzanne Lucas, operator of the Evil HR Lady blog.

Sure, you may be hurt and in defensive mode, but communication with your bossis imperative at this point. Request a meeting with your supervisor and find out what steps you can take to make improvements.

After the meeting, come up with a plan of action and give your boss a timeline in which you will achieve those goals. Ask for a follow-up review to ensure you are doing what is necessary. Remember to be humble and take what your boss is saying to heart, even if you don’t think it makes sense.

How to Create a Post-Performance Review Hustle Plan

“Do what your manager is asking you to do,” says Lucas. “It doesn’t matter if your manager is dumb or doesn’t understand — if you do what she’s asking you to do, your chances of saving your job drastically increase.”

If having a discussion with your supervisor is out of the question, another strategy is to look at the people in your department that your boss likes or is happy with. Do they come in early and stay late? Do they respond immediately to any request the boss has? “Emulate the successful,” says Lucas.

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Prevent Landing on the Layoff List

When a potential firing is due to performance, a lot of what happens is in your control. But when it comes to layoffs, often times you have little say over who will be let go. Still, career experts say there are some steps you can take to hopefully prevent you from landing on that list.

According to Lucas, cross training is one way to make yourself more valuable in a company. You may be the best accountant the company has, but if that entire department is being shut down, it won’t matter. But if you are also good at finance, you may find yourself being moved into that department.

Why You Need to Start Skill Stacking

If you hear layoffs could be coming, Lucas says to figure out what areas of the company are profitable and try to get transferred there.

“Laying off employees is one of the hardest things an organization has to do,” adds Garfinkle. “When layoffs occur, responsibilities from terminated employees have to be passed on to those that remain. For this reason, the best strategy to employ to make sure you’re not one of those that are let go is to demonstrate your effectiveness as an employee.”

 

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