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In the current economy there are some jobs that are being -- Actually created but there are plenty of people who have been out of work so long that they're not even receiving unemployment benefits anymore.
So what do you do when you first learn your job is no more.
To protect yourself get all you can before you leave your current job in today's consumer protection segment -- charge.
We're inviting Linda Doyle an employment lawyer -- McDermott will and Emery.
Very very prestigious firm to tell us what we can do if we find ourselves in that unfortunate situation Linda great to have you here.
Thank you -- great to be here it's hard for people to take charge in that situation because -- -- on the defensive you've been told it's time to go out but.
I first question for you is should -- lawyer -- up.
Well I think it at the very personal decision I think there can be.
No harm at least consulting with a lawyer but I think it's critical to manage.
Your lawyer in those circumstances I've seen employees.
Retain an aggressive lawyer try to negotiate a packet and just end up getting left severance because.
What they were initially offered with what the company stock to end and they end up paying an attorney too much mind essentially to negotiate enough thing.
Linda what should you ask for as you're sitting across from your boss or the person in charge of human resources at the very moment -- told today's your last day.
I think the first thing you should ask is why I mean you may already know line depending on whether it's a -- offer for cause termination.
In looking for the first thing you need to do is manage the maps -- your first.
To find a job you need to find jobs and so need to ask your employer what can I say about best and I offered to resign can we package that's as -- resignation.
What's the message that I can send a former employers I think the most important thing to do is.
Once you get over the shock and the anger look for and put yourself in the -- this and actually find out just say there's no cause no reason they just are cutting back.
Are you entitled to anything does everybody have some right to -- its.
-- no severance is not a legal obligation -- a legal right in this country although most employers give severance and the circumstances most.
And players that I represent.
You should ask if there's a severance obligations typically in a sophisticated company when you're having that conversation.
That will all be present for you -- -- severance benefits.
You're entitled unemployment compensation as a matter of law -- -- -- and last have been fired for willful misconduct so you can.
Be sure that you're gonna have some income protection although certainly not as much as you -- I would ask for severance I would ask for rights to continue health insurance benefits under cobra.
I would ask for an opportunity to perhaps negotiate the exit timing in most circumstances you're asked to leave immediately.
But there are some circumstances where you can get some time where you can say.
I'm still employed -- -- an unpaid leave of absence might look for a job those of things that I would ask.
That's actually good suggestion so in terms of resources of finding a new job may be can use your office but not be in the -- or at least have the appearance of still being affiliated with the company.
Especially if you haven't done anything wrong.
Do you sign any thing at the time if you're given a document you can afford an attorney what's the best thing to do.
I would never sign immediate.
Leo I just think it's it's bad to sign in the heat of the moment and need to decide depending what the employer tells -- what -- are going to consult an attorney.
I would take the agreement home read it carefully.
Determine whether there's anything it that you don't understand whether it's a typical agreement.
This may be part of a larger reduction in force there may be other employees in the same situation that you couldn't talk to a network with within the company.
I would never sign immediately and most employers would never want you to sign immediately.
Under the law if you're giving an age released an employer have to give you 21 days to consider.
Now not everyone that's for people over forty where the employer wants -- released most employers -- even though they.
Don't give that 21 days -- it's not an interlaced situation to be at least some time to think about it we.
Five business days I would take that time consider carefully and decide whether to -- -- -- -- -- I'm just wondering from a attorney's perspective you represent people to try to get them the maximum that you can out of their unfortunate situation but do you warn them about not talking to too many people especially within the company about what just happened.
And what their plans are us.
Yes you don't want to be in a situation where.
Your perceived as disparaging your employer in your your mission and its -- -- at that moment but -- to get the best package for you and if you talk to people.
And are perceived as complaining are speaking at it negatively about your boss or your company overall.
Back -- impact with the company is willing to do in terms of negotiations obviously need to talk to some people.
Consult someone who can help you get through it both practically and emotionally -- need to keep the conversations -- and I know you last tip also is -- the company policy manual see if there's anything in there about what you might be entitled to thanks so much when it really really a pleasure to have you here hope we've helped folks to.
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