How Not to Get Fired: Advice From an HR Insider to Help You Weather an Employment Crisis and Keep Your Job

By Verena Moselle

Did you know you can be good at your job and still get fired? It might not feel fair, but it's true.

No one wants to walk into a meeting and see legal paperwork, the boss, and a box of tissues waiting for them. It is every employee's worst day on the job...and unfortunately, their last. Then after the final meeting, financial panic sets in, depression starts, and endless job searching begins.

Much worse than the termination meeting itself can be the months of stress and anxiety ahead of time that it might happen when you are experiencing serious workplace problems. The daily stress and the toll that workplace conflict has on both a career and your self-esteem can ruin your health. But how do you diagnose what is going on and successfully keep your job?

"How Not to Get Fired" contains little known employment and human resource tactics which signal serious employment jeopardy in advance of a termination. Every chapter of this book includes insightful "HR Insider Tips" and practical self-help employment strategies to help you, the reader:

• Protect your career and emotional health when employment stress becomes unbearable
• Increase your chances of career success by stopping self-sabotaging behaviours
• Separate fear from reality and diagnose how close to termination you may be
• Determine if discipline is fair versus when it is harassment or constructive dismissal
• Master a disciplinary interview or workplace investigation
• Resolve conflict with difficult bosses and co-workers
• Gain insight when it is time to leave a role before getting fired

In a special bonus section, the author candidly answers the most common questions she hears from actual people she disciplined and dismissed.

For the very first time, this resource turns the tables to place insider knowledge into the hands of every employee. It is a must-read for any person dealing with serious job frustration and fears of being fired.

• Language: English
• Publisher: Tellwell Talent
• Release date: Aug 31, 2021
• ISBN: 9780228827825

Verena Moselle

Verena is a twenty-year veteran of employment conflict resolution who currently still practises in her field. She specializes in discipline assessments, conducting employee misconduct investigations, and facilitating employee termination meetings. University educated in human psychology and formally trained as an employment investigator, negotiator and mediator; she has worked for some of North America's largest and well-known unionized and non-unionized employers.Working closely with legal teams on high profile cases, she is hired to specifically advise, document, build, defend, and resolve employment cases and lawsuits when people are terminated from their jobs.Having met with and fired over two hundred people, if anyone can advise on how jobs are lost and most importantly how to avoid it, it is Verena.

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How Not to Get Fired

Advice From an HR Insider to Help You Weather an Employment Crisis and Keep Your Job

Verena Moselle

How Not to Get Fired

Copyright © 2021 by Verena Moselle

All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the author, except in the case of brief quotations embodied in critical reviews and certain other non-commercial uses permitted by copyright law.

Tellwell Talent

www.tellwell.ca

ISBN

978-0-2288-2781-8 (Hardcover)

978-0-2288-2780-1 (Paperback)

978-0-2288-2782-5 (eBook)

Disclaimer

The self-help and employment support material that follows is opinion-based employment advice from the writer, and the information is not intended to be a substitute for legal advice or professional counselling during times of extreme employment stress.

If you as the reader are experiencing any employment stress, always consider a legal opinion as well as medical and emotional counselling services to deal with any health and psychological impacts that you may experience. There is no shame in getting help. The more outlets you have to help you deal with extreme stress in times of employment crisis, the better.

Table of Contents

Preface

Glossary of Key Discipline and Termination Terms

Section 1

When Work Goes Wrong

Chapter 1 - Employment Problems Always Have a Personal Impact

The Only Job That Matters Is You

Try Not to Become Toxic

Depersonalizing Your Situation

A Note for The Loved Ones of Those Having Employment Troubles

How to Prepare for and Engage in a Support Discussion

Normal Stress Versus Post-Traumatic Stress Disorder (PTSD)

Chapter 2 - Employment Truths from Hiring to Firing

Understanding Your Employment Status

Understanding Which Employment Legislation and Labour Laws Apply to You

In-Scope Versus Out-of-Scope Employment

Who Makes the Firing Decisions?

Meeting the Basics of a Position

The Importance of Management Rights

Human Resources: The Employment Influencers

HR Summarized

Chapter 3 - I Can Get Fired for That?

Unexpected Ways to Lose A Job

Fired on the First Offense: What a Without Warning Just

Cause Termination Looks Like

Terminated the Right Way

Chapter 4 - Critical Factors in Discipline and Termination

The I Didn’t Mean To Factors of Intent and Culpability

Factors That Increase or Reduce the Severity of a Discipline Decision

Just Cause

Section 2

Diagnosing Your Risk of Discipline or Termination

Chapter 5 - Potentially Fired or Just Fearful?

Is the Fear All in Your Head?

CBT: The Game Changer

Irrational and Unhelpful Thought Patterns

Dealing with Previous Job Trauma

The Reality Test

Chapter 6 - How To Tell Where You Are On The Discipline Spectrum

Ongoing Discussions and Coaching Sessions Should Be a Normal Process

Performance Measurement, Performance Management, and Performance Reviews

Why Progressive Discipline Levels Matter

Formal Discipline Steps

How to Tell Where You Are on the Discipline Spectrum

Non-Disciplinary Table (Pre-Discipline)

Disciplinary Table

Factors that Determine a Fair Level of Discipline

Unjust Termination

Chapter 7 - Is the Problem Me? Assessing Your Own Actions

Attendance Issues

Impairment of Any Kind at Work

Performance Issues

Personalities and Job Success

Section 3

Diagnosing and Dealing With People Problems

Chapter 8 - Conflict Between Co-workers

Basic Conflict Diagnosis: Structural Reasons Versus Personal Dynamics

Why Early Resolution to Conflict Matters

Colleague to Colleague Early Resolution Approaches

Assessing Workplace Disrespect, Bullying, Harassment, and Discrimination

Disrespectful Workplace Behaviours

Workplace Harassment, Bullying and Discrimination: What’s the Difference?

Chapter 9 - Personality Clashes with the Boss

The Faultfinding Leader

The Micromanager

The Absent Leader

The Delegator

The Success Stealing Leader

Chapter 10 - The Four Ways Out of a Bad Situation and Choosing an Approach

Your Locus of Control

Option 1: Change Your Own Viewpoint, Thoughts and Reactions

Option 2: Try to Change the Other Person

Option 3: Change Both Parties in the Situation

Option 4: Quitting is Always an Option

Chapter 11 - When and How to File a Formal Complaint

Assess Your Motivations and the Possible Outcomes

Consider the Risks

When to Proceed

What Complaint Substantiation Details Should Look Like

A Note Regarding Whistleblower Protection

What to Expect from an Investigative Process

Section 4

In Hot Water

Chapter 12 - What to Do When You Are The Accused

Weathering a Formal Investigation

How to Respond in an Investigative Meeting

While You Wait for an Outcome Decision

What Documents to Expect at the End of an Investigation

How to Appeal or Remove a Discipline from Your Record

Chapter 13 - Constructive and Wrongful Dismissal

Are You Being Forced to Quit? The Legal Test

Common Employee Misconceptions Regarding Job Change

What Constructive Dismissal Is Not

Employer Actions that Constitute Constructive Dismissal

Successful Constructive Dismissal Cases

Unsuccessful Constructive Dismissal Cases

Can People Refuse Different Work or Is That Insubordination?

Successful Employer Insubordination Termination Cases

Unsuccessful Employer Insubordination Termination Cases

Constructive Dismissal by Leadership Creating or Ignoring

a Hostile Work Environment

Hostile Work Environment Cases

Constructive Dismissal Attempts Through Harassment and

Protected Grounds Discrimination

Other Unfair and Unethical Employer Actions

How to Proceed with a Constructive Dismissal Case

Section 5

The End 0f Employment

Chapter 14 - When and How to Quit Your Job

Is Now the Right Time?

Jump Before You Are Pushed: Plan to Exit

Leaving On Good Terms

Chapter 15 - How to Cope with a Termination

Understanding Notice Periods

Qualifying for Severance

Chapter 16 - Covid, Economic Downturns, Layoffs and Beyond

The Risks of Working from Home

If You Are Out of Work Completely

Recalls and Return to Work Planning

Chapter 17 - Moving on to a Better Situation

Frequently Asked HR Questions

Resource Guide

References

About the Author

Preface

Welcome to the business of Human Resources. Essentially, HR as an occupation is comprised of business decisions, employment law, and people issues, combined in everyday settings. This business of matching people with work means determining everything from how major CEOs get promoted right down to when you can take your unionized fifteen-minute coffee break. Somewhere at any given time, a human resources person is screening hundreds of résumés, setting salary levels, creating a company onboarding program, mediating conflict, implementing benefits and policies, negotiating with a union, or investigating workplace incidents. Simply put, it is the world of hiring through to firing, and every strange employment scenario in between.

I accepted long ago that this line of work would require me to consult on serious employment situations. I was prepared to occasionally facilitate someone’s termination meeting, but I drastically underestimated how many firings there would be. Over the years, I became particularly good at helping businesses separate themselves from their people problems and limit their legal and media liability. So much so, that certain business leaders specifically sought me out over other consultants when they wanted specific help firing someone. If you knew some of the serious cases I’ve worked on, you’d agree that some people really do need to be let go from a specific job. As of ten years ago, I knew I had personally terminated over a hundred people. By now I have no idea- I quit counting. But why so many?

First, the average person does not realize how easy it is to get fired. They unknowingly do innocent things or make less than well thought out decisions on the job that cause their own outcome. Second, terminating people seems like the fastest and easiest business decision for a leader to make when things go wrong. HR Professionals know that approach is not necessarily fair or correct. When leaders go against HR or legal advice and terminate someone unjustly, I used to facilitate those meetings anyway even when I didn’t agree. I was young and was afraid I’d be the one fired instead if I didn’t follow the instruction I was given. But no longer. Now I won’t terminate people if I don’t agree with the decision factors or it is against legal advice. Rather, I do my best to ensure that the firings I conduct are for the betterment of an organization or its people, they meeting facilitation is as kind on the receiver as possible, and terminations occur only as a last employment resort when no other resolutions are feasible.

Regardless of who gets fired or why, it is a bad outcome all the way around- for the employee and their family emotionally and, of course, financially. It is also hard on peers who remain on the job and wonder if they are next, and even for any HR person involved as well. Terminations weigh heavy on the hearts and minds of the people in that final meeting. I can still recall every personal threat that an angry employee made against me, and to ensure my safety, I always make sure that I keep my car parked in a safe place for when I leave a meeting. Twice 911 had to be called because the employee I had just met with tried to kill themselves. My ulcers act up when I get subpoenaed to produce my massive files and testify under oath on behalf of my employer when our cases go to court, other arbitration, or adjudication appeal. Those cases can take years to resolve and thousands of hours of work behind the scenes just to fire one singular person. What a lot of time and extended stress for everyone involved.

I started to believe that there must be a better way. A preventative rather than reactive approach across every industry to help prevent people from getting fired unnecessarily or unfairly. For years, a tiny voice in the back of my head has been repeating what if I could help people NOT get fired? So, after thinking about this project for years and tucking away what I thought employees needed to know, I have decided to use my knowledge about every situation I have ever seen to advise people how NOT to lose their employment.

Advanced human resource practices and employment law are no secret. They can be found in any business library and online if you know what keywords to search. But to be honest, the textbook versions are dry and dull. What is also missing in those textbooks is how typical disciplinary processes including a termination could potentially be applied by your employer to you in your situation. That is nearly impossible information to find. That is, I hope, until now. I want to reach as many people as possible with employment troubles, whatever those look like, to help them resolve their situation before they burn out or get fired unnecessarily.

This book is primarily geared toward entry and mid-level professionals who work in larger agencies and companies in North America. Still, hourly service industry workers, retail staff and other readers may find sections of it very applicable as well. You will notice in this book that there may be different concepts that apply depending on the size of your employer, their culture, and whether you are in a unionized environment or not. I am sharing the business operation and decision-making dynamics (and secrets) that the HR practitioners like me know, but the average employee does not. I try to cover every typical question and point of confusion that people have when they meet with me for their last time on the job.

Also, you will note that I use several terms interchangeably to refer to your boss or leaders because I cannot know what your management structure looks like. In this book, boss, manager, supervisor, leader, and leadership, all refer to the people in your organization who can decide to hire and fire staff like you. Leadership structures all differ though, so I included a part on Who Makes the Firing Decisions? in Chapter 2.

Throughout this book, I have added pieces of wisdom I want to share because very few employees know them, and they can be surprising. You will find them titled as HR Insight in most chapters, and I have made them stand out as they are knowledge points not to be missed. I have also added Suggested Approaches which are ideas to try that may be helpful for you in working through your situation.

Most importantly though, I have added starred Critical Information in places so you do not miss them. If you speed-read this book, at least take note of these starred sections. Lastly, I have added a few HR True Stories to back up the advice I am giving.

I am sorry that I cannot consult with you in person while you work through this book and its suggestions. I cannot tell you who I am, why specific people got fired, or where I have worked because I need to protect employer reputations as well as the fired employees’ privacy according to the laws of the regions where I have worked.

You only get one shot at this life and everyone deserves to have a great career progression. So, try not to stay in a tressed out place, living in fear of being fired. I hope this book helps you with that.

Happy reading and all my best hopes for your success and happiness, truly.

Verena

Glossary of Key Discipline and Termination Terms

In the many pages to come, some of these terms will be used interchangeably. Alphabetized below are key terms you will see used repeatedly in the upcoming chapters.

Complainant

The person filing a complaint in a workplace or elsewhere, also known as a plaintiff in legal court.

Constructive Dismissal

An intentional unilateral change to basic working conditions imposed upon an employee (usually a non-unionized one) that essentially forces them to resign due to unbearable work circumstances.

Damages

Damages are monies awarded as an outcome in court or other semi-legal proceedings. They attempt to define or put a money amount on the wrongful treatment someone has received during their employment.

Culpable

At fault or blameworthy. This word is used to refer to an employee’s actions when they ought to have known better but did something unreasonable, unusual, malicious, or intentional that created a negative outcome on the job. This includes if a job-related action was done against policy, or when a well-defined procedure was not followed. Despite the involved employee knowing the potential risks, they chose to accept the risks anyway. This is a term often used as a primary factor in determining whether or not discipline is a reasonable outcome given the circumstances.

Delegated Authority

The financial and human resource limits, responsibilities and authority levels assigned to a specific management position for operational decision-making. Financial authority on spending (i.e., authorizing overtime pay) can be included in the delegated authority related to the management of human resources.

Discipline

A formal penalty issued to an employee designed to train people to obey rules better in the future or to motivate a change in behaviour through unpleasant consequences. Penalties or punishment are used to correct disobedience or wrongdoing and are typically issued in the form of a written warning or unpaid suspension for more serious matters.

Dismissal

An advanced form of discipline which results in a permanent job loss. Also referred to in this book as fired, let go, or terminated.

Due Diligence

This term refers to the prevention, investigation, or review of a situation that a reasonable business or person is expected to take within the course of their job to ensure there is no avoidable workplace safety or injury risk to staff or clients.

For Cause / Just Cause

When discipline or termination occurs for good and defendable reasons with enough evidence to support the level of penalty issued. No lesser discipline is reasonable in the eyes of the employer (and law) for the actions which have occurred. There is no notice or severance payment of money given for this type of termination because either the employee has caused their own job loss through their own actions, or progressive discipline approaches are in place.

Grievance

An official statement of complaint which details something believed to be wrong or unfair occurring in a unionized employment setting. An employee complaint against an employer can be filed in the form of a formal grievance with a resolution or mini hearing approach occurring as outlined in the applicable union or collective bargaining agreement to try and resolve the matter. A trade union is present to represent the employee union members and griever.

In-scope

An employee whose employment rights are set by a collective labour bargaining process and who is represented by a union. The union member pays union dues for additional employment entitlements and representation under their collective agreement contract. In a union or in-scope means a person that is not deemed to be in a management or out-of-scope job.

Liability

Financial, operational, or reputation risk that is present and potentially damaging to an organization. Also, defaulting on obligations or failing to act as required in the normal course of a business.

Management Rights

A broad range of duties and decision-making authority which is automatically granted to leaders so they can manage all aspects of operational decision-making. Typical decisions where managers have the sole right to decide something includes determining the organization’s mission, budget, strategy, targets for success, and planning their workforce. This means hiring, firing, and determining schedules and benefits for staff.

Mitigating/Aggravating

The presence of additional influential factors (perhaps emotional) in an incident investigation or workplace misconduct incident that do not determine the primary decision of what level of discipline is issued, but still affect the outcome. These factors can push discipline up a level (aggravating) or reduce it slightly (mitigating) when they are present in an investigation. Mitigating factors decrease the blameworthiness of an act of misconduct (but not completely) whereas aggravating factors are offensive components in addition to the initial incident and potentially add or increase a discipline level.

Non-culpable

Not at fault, or innocent. Other less blameworthy actions on the job where the outcome of an event was accidental or out of the employee’s control. Usually, a non-disciplinary approach is taken when an employee’s actions were reasonable or non-culpable, but a complaint or incident was triggered regardless.

Out-of-Scope

A manager position or other union-exempt job not falling under a Collective Bargaining Process by a labour union.

Probationary Termination

An employer is permitted to terminate a probationary employee within their probationary period, without advance warning of termination for any reason that is not discriminatory.

Progressive Discipline

When employees receive discipline more than once on an escalating scale over time. When serious offenses repeat, they justify more and more serious penalties as they repeat. Discipline builds in severity in short increments of time before a termination occurs.

Respondent

The person named as the wrongdoer in some sort of investigation or trial who then needs to respond about their actions. A defendant in a lawsuit where another party has filed a claim against them (i.e., divorce cases or small claims court).

Retaliatory Termination

A revenge or anger driven termination or firing decision executed by a manager or employer.

Reasonable Person Standard

The reasonable person standard is a test used by employers to assess whether on-the-job actions by an individual were normal within that workplace’s general population versus outside the organizational norm of how other similar staff make their decisions. This helps assess discipline based on how another similarly trained employee in a similar role would act in the same situation.

Root Cause

The starting point of a combination of events that causes harm in the workplace, typically referenced in analysis of employment conflict, a workplace accident, or a workplace safety issue.

Sunset Clause

The time after which discipline becomes no longer valid and the documents can be removed from an employee’s official personnel file. When sufficient time has passed and if no further problems occur, the presence of previous discipline can no longer be used to escalate discipline against that person for future similar infractions on the job.

Unjust

A term used to identify a flawed process leading to a wrong decision. When an employer imposes a penalty, including termination, upon an employee against proper employment law applications.

Whistleblower

Someone who informs a higher authority about the illegal or illicit acts of another individual or organization.

Section 1

When Work Goes Wrong

Chapter 1

Employment Problems Always Have a Personal Impact

Without a doubt, firing someone is both a business decision as well as a legal one. But it sure does not feel that way to the ex-employee after the termination meeting ends. Although I am an HR specialist who fires people, I am not immune to being fired. After university, I too got fired once and laid off twice. Getting fired is embarrassing. And depressing. And scary.

Work stress is real. People may say it is just work, but the reality is that employment problems have a huge personal impact because job stress does not just stay at work. Work problems follow you all day. They can ruin your health before you know it. Work is a big part of how we all spend our time, and it needs to go well to keep us in balance, as well as to help us feel financially safe and emotionally secure.

If you are currently fearful for your job, the frustrating part is that you do not know how it will end. You can have no sense where you stand right up until a termination meeting, and by then it is too late. No one will truly tell you what the plan is for your employment longevity except your boss, and they are not talking to you about what they are thinking. Fear and paranoia can easily set in. Who can you trust? What can you do? How will you pay your bills if you are let go? How can you fix what is happening when you do not even know how serious your situation is?

Struggling for solutions while staring at the same online job ads for hours late into the night while you plan your next career change will pass. You have options and choices to make. Stay or go. Argue or resolve. Back down or confront. The secret is to feel in control of the parts of your situation that you have influence over. You have the power to prevent your own job loss by understanding the employer’s point of view, and their likely next steps. Sections in this book will help you identify what is going on and take steps to stay employed. And even if the inevitable happens, and you do find yourself cleaning out your locker or office, at least you can do so with a better sense of what happened and a bit less shock during and after the departure process. You will succeed if you find what you love and are naturally good at and go with it.

Critical Information: Find a Job You Love

Do not stay in a job that makes you miserable. If you can, do what you love regardless of compensation. It might be a substantial financial loss or a complete career change from Senior Financial Officer with your name all over the industry, to deciding to grow and sell vegetables in the local farmer’s market. Do not care what others think—those opinions do not matter or last past today.

How you feel, and where you can find inner peace instead of insanity on the job, is what matters. Your health, family, and hidden talents can all get lost in a sea of green dollars while sticking it out in a job you hate. That golden handcuff sense of feeling trapped does not have to be the case- you can find a way out. Life is too short to live this way. In the end, being true to your beliefs and talents on the job is important. Money and titles are not.

The Only Job That Matters Is You

The only actual job in life that really matters is taking good care of yourself, and this is especially true during a time of a stressful job change or employment crisis. That is because you need to protect the most precious resources you have—your time and your health. You cannot ever buy either of those things back, not with any job you could possibly possess.

Enduring prolonged employment stressors can turn you into a person that does not feel like you. It feels like the universe has shifted, and not in your favour. Do you need to be in bed every night by 8 p.m.? Do you have zero energy left for time with your kids, your spouse, or to engage in social activities? Do you have headaches, stomach aches, acid reflux, heavy sweating, a loss of concentration, and/or an irritable bowel or bladder? Are you finding yourself not hungry or too hungry? Are you craving alcohol to escape? Are you not your usual self? It is not likely a new medical condition you are encountering—your body is responding to stress. And it can be very weird.

If you think about it, full-time employees spend one third to one half of their 24-hour day at work. If it is not going well, there is only so much time where people can successfully weather workplace stressors and fears before they start to exhibit physical symptoms and warnings. If you have new symptoms in times of employment crisis, see your doctor and get yourself assessed and checked out for anything serious. Chances are though that you are experiencing a stress response. Your physician may be able to help with medical notes for a few sick days off, temporary medications or other suggestions to improve and sustain your overall