Getting Fired: Prevent or Survive One of Life's Top Stressors

By Katherine A. Young

“Getting Fired: Prevent or Survive One of Life’s Top Stressors” is written by a plaintiff’s employment attorney. Tennessee attorney Katherine A. Young has met with or spoken to thousands of employees who have just been fired over the past twenty years. Her years of listening allow her to summarize and list the signs of danger to share with employees who are in fear of losing a job. The book explains the warning signs of an impending termination in layman’s language. Quizzes and reader self-evaluation allow the reader to determine if they may be in jeopardy of a firing and if so, how to prepare. Scenarios of real-life composite clients explain to the reader the typical situations that should tip off an employee that trouble is on the way. Young’s advice to the composite clients illustrate the important decisions that can be made so an employee ends up in the best possible landing position if a firing does occur. She offers guidance ranging from the practical (how to arrange your office space to deflect attention) to the strategic (evaluating the steps to become eligible for unemployment insurance benefits). Guidance on consulting with an attorney, documenting discriminatory or retaliatory treatment, negotiating severance packages, and leaving the job with dignity are all covered. “Getting Fired” will help employees plan and prevail over a tough situation that all too many Americans have experienced in the past decade.

• Language: English
• Publisher: Katherine A. Young
• Release date: Nov 9, 2015
• ISBN: 9781311864970

Katherine A. Young

Katherine Young has been licensed as an attorney in Tennessee and California (inactive) since 1995. The focus of her practice is employment law representing individual plaintiffs. She has worked with hundreds of clients who have experienced discrimination, retaliation, and wrongful termination. Young is admitted to the U.S. Supreme Court, the Sixth Circuit Court of Appeals, various U.S. District Federal Courts and Tennessee courts. Her personal hobbies include reading, swimming, and going to the movies as often as possible.

Book preview

GETTING FIRED

Prevent or Survive One of Life’s Top Stressors

Katherine A. Young, J.D.

Copyright © 2015 Katherine A. Young.

This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each reader. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to your favorite retailer and purchase your own copy. Thank you for respecting the hard work of this author.

Cover design © Melissa Alvarez, BookCovers.us

Cover photography © Depositphotos.com

Ebook formatting by Maureen Cutajar, GoPublished.com

ISBN: 978-0-9969068-0-7

TABLE OF CONTENTS

Introduction

Chapter One: Should You See a Lawyer?

Not Every Lawyer Is an Employment Lawyer

Expect to Pay a Consultation Fee

Make an In-Person or Telephone Appointment if Possible

Chapter Two: Assess Your Situation

Andrew’s Problem

My Advice to Andrew

Give Yourself Credit

You Are Not a Special Snowflake

Quiz: Ask Yourself the Hard Questions

Data Recording: Gauge Your Time Remaining

Assess Your Situation with the Known Facts

Chapter Three: Termination of At-Will Employees

Beth’s Problem

My Advice to Beth

Who Is an At-Will Employee?

Typical Situations Preceding a Legal Firing

Common but Mistaken Beliefs about the Process of Termination

Quiz: A Negativity Cloud

Chapter Four: Quitting Is Usually a Poor Choice

Eduardo’s Problem

My Advice to Eduardo

Quitting to Avoid a Termination on Your Record

A Choice of Quitting or Being Fired

Don’t Cut Off Your Nose to Spite Your Face

Quit Only When You Have an Equal or Better Job Offer in Hand

Most Reasons to Quit Are Not Good Enough

The Damage Caused by a Voluntary Quit

A Forced Quit Rarely Survives Scrutiny

Chapter Five: When Quitting Is the Best Solution

Irene’s Problem

My Advice to Irene

When You Work in an Industry Where Termination is the Kiss of Death

When You Really Did Something Terrible

When Your Safety Is in Jeopardy

Create a Record before You Resign

Legal Good Cause for a Resignation

Final Decision: Walk the Plan Voluntarily or Be Pushed Off?

Chapter Six: Possible Protections from Being Fired

Jafari’s Problem

My Advice to Jafari

What Is a Protected Category?

What Is the Real Reason for the Employer’s Bad Acts?

Have You Also Experienced Tangible Adverse Actions?

Bad Acts but Not Tangible Adverse Actions

Tangible Adverse Actions Must be Due to Your Status

Chapter Seven: Stopping or Stalling an Imminent Termination

My Advice to Jafari on His Discrimination Claims

If Your Situation Involves Discrimination

Steps to Inform the Company of Your Concerns

Don’t Give Up Your Leverage without Thought

Now May Be the Optimal Time to Negotiate a Severance Package

If Your Situation Involves Retaliation

My Advice to Beth on Her Retaliation Claims

If Your Situation Involves Company Illegalities

If Your Situation Involves Exercising a Legal Right

Chapter Eight: Your Secret Action Plan

Mindy’s Problem

Mindy’s Solution

Reconnaissance and Job Search

Use Your Benefits

Consider Stopping Excess Retirement Benefits

Study Unemployment Benefits Carefully

Square Your Accounts with the Company

Now is Not the Time for a Vacation

Mind Your Ps and Qs

Steps to Leave with Your Property Intact

Chapter Nine: A Reduction in Force or Buy-Out

How to Act in the Conference Room

Scenario One: A Reduction in Force

In Most States, They Don’t Owe You Much, if Anything

A Severance Package May Be Nicely Wrapped Air

Is the Proposed Severance Package Merely What You Are Owed?

Vacation Days Usually Are Not a Gift

Sick Leave Usually Is a Gift

Resigning When You Are Part of a Genuine Reduction in Force

Is the Severance Enough to Offset the Rights You Waive?

Don’t Allow Yourself to be Hustled

Did the Company Agree in Writing To Not Fight Unemployment?

Best Case Scenario: Get the Severance and then Get the Unemployment

Why Unemployment is Bad for the Company

When You Are Offered a Buy-Out Option

The Veiled Threat Behind Some Buy-Outs

Chapter Ten: A Firing

Scenario Two: An At-Will Firing with No Discrimination/Retaliation Component

Scenario Three: An At-Will Firing with Discrimination/Retaliation Components

Leaving the Workplace

Conclusion

Notes

About the Author

INTRODUCTION

I have practiced employment law for twenty years. During those years, I have counseled hundreds of people who have been fired. Most were sad, worried, and surprised. Often they told me a long story of a deteriorating work situation that should have set off alarm bells. I frequently heard regretful statements of, I should have seen it coming. Over and over I listened to, I really need my health insurance. I don’t know how we will make it. We live paycheck to paycheck. I knew that something was wrong.

I have also met with a much smaller group of people who felt something was wrong at work but could not decide if they were letting their imagination run away with them. Those people came to tell me about their situation and to get counseling from an objective person who knew no one involved and could cut through the personal hurt feelings. Many were angry, defiant, and convinced the company could not fire them without legal consequences. Those people were often bitterly disappointed to find the law had no protection for them at all. Their job could be taken away with no legal consequences to the company.

Also, during those years, I have talked to a small percentage of people who were fired but who were prepared. They had started or completed a job search, they had saved the money they could tuck away, and they were able to act in a calm, professional manner when called to the conference room. Some were even able to negotiate a severance or a written reference letter.

I don’t want that sad, worried, and surprised freshly-fired person to be you. This book will tell you how to recognize what is happening, plan for the worst, and avoid the mistakes made when a firing is a surprise. With the guidance you will find in this book, you will be able to make an action plan and maintain your dignity, even if your job is not salvageable. I want you to be one of those people who look back at a job ending and say, I landed on my feet.

Throughout the book, I will use composite examples of real situations of people who have faced a potential firing. I have changed the details and merged facts of many clients from past years to protect people who have come to me for the confidential advice of an attorney. At the beginning of each section, you will read about a worker whose problem may mirror your own. I hope the advice given to each worker and the following explanation will help you make the best decision for your problem.

If nothing else, it may help you decide you need to scrape up the money from somewhere to try to safeguard your livelihood by seeking legal help. Your job is often your most precious asset. What other investment do you have that pays you regularly and provides you with almost all of your financial support? It is a precious thing, and I find people often underestimate how valuable a job is to them. Even a boring or unpleasant job may not be easy to replace.

This book is not a substitute for legal advice. It is only a guide and cannot possibly address every situation, all of which are unique and fact-specific. Your facts may make a general suggestion in this book totally unsuitable for your situation. You may be reading this book in a state with differing laws and unemployment regulations than the ones to which I refer. I strongly urge anyone with a legal problem to seek competent legal help in your own community or state. Use your common sense when making life-changing decisions and seek legal help if needed.

If you read through this book, take the quizzes, and follow the suggested preparation steps. You will create a plan that can be used if ever needed. If your suspicion is wrong and you are not fired, you can relax and recommend this book to the next friend who says to you, I think I might be getting fired.

CHAPTER ONE

SHOULD YOU SEE A LAWYER?

Americans are generally sunshine people. We are high hopes, singing in the rain kind of people. This is, of course, a good trait. But sometimes, it can cause a warped view of reality.