Being Let Go

Here we will discuss what actually happens in your "meeting" What each side is thinking. How best to act and what to think about.

“THE MEETING”
As you walk into the room (or phone call) the reason for the meeting is the company’s responsibility – they called you in. They are going to provide terrible news and they have no idea how you will respond. They are nervous. Ambiguity causes stress. We will use this to your advantage later.

POWER NOTE: FOLLOW THE 5 UNBREAKABLE POWER RULES OF SEVERANCE NEGOTIATION

WHAT THE COMPANY IS PREPARED FOR

First, the person in the room has been dreading this moment all day. Nobody likes giving such bad news. Inside their mind, they are freaked out. That's good for you.

The person or people in the room are prepared for you to flip out, become upset, emotional, go on a rant, cry foul play, counter their argument, start screaming at them – many people do.   Ask any HR manager and they will tell you this is quite common.  You can use this to your advantage   When you don’t “lose it” they will feel relieved and be more accommodating. This means more power for you. People offer and give more when they are relaxed, comfortable and in a good mood. You will continue to use this attitude and behavior as you negotiate later.

WHAT YOUR COMPANY WANTS
They want this to be a smooth, uneventful process. They do not want conflict. They want to keep details of the meeting quiet and controllable. They have come to the meeting prepared and want things to go they planned. Most likely, they will hand you paperwork regarding your severance. They expect to give it to you. Let them do that.  Many firms will try and have you sign paperwork right then and there. Don’t do it!

HOW THE MEETING WILL PROBABLY GO FORWARD
1. They will inform you of being let go.   They are uncomfortable, so most likely, they will preface this with some conciliatory remarks. “We are sorry.” “We have some bad news.” Write this down! You might use this later.

2. They will wait for your response. They expect one. You do not need to give one. Be quiet. Have silence hang over the room. Make the company uncomfortable. At the most, “I am very disappointed with the company.”

3. If they are talking…let them talk. You write. The more they talk the more power you have.

4. They will hopefully provide a severance agreement. Make sure you understand 100% of the all the documents.

5. They will tell you what they expect – sign paperwork, go collect your things, etc.

6. If they stop talking. Be quiet.  If they do not give you the rest of the day off, ask for it. Are you really going to be productive? You being professional and calm in the meeting will provide them relief. You may need to reassure them that you will get back to them quickly.

NEED A MINUTE?
POWER NOTE: AT ANY TIME IT IS MORE THAN APPROPRIATE TO EXCUSE YOURSELF TO THE BATHROOM.
Go to the bathroom, collect yourself and re-focus. Take up to 15min.

WHAT YOUR COMPANY WANTS
If you are an “at-will” employee you have the right to just leave the meeting and never come back. Although the company does not expect this, you will give much of this impression. They will perceive this to be a problem. Chances are, your company wants information from you.  This perceived problem can be leveraged into value as they look to quell their issues. The managers who are terminating you have taken one of two positions prior to the meeting.

1. They believe (key word here) they have everything they need from you. If you walk out the door, everything is fine and your knowledge, information, etc. is already in-house. If this is the case, you may need to convince them of things and/or skills you know and the value of them.

2. They need you to transition. This is a great position to be in. They need you!  You have POWER!

WHAT YOU NEED BEFORE YOU LEAVE

Were you offered a severance package?

Yes: Make sure you understand all the items.
No: Ask. We will talk about how to do this later.

Who are you to communicate with?
What are the timelines? Are they realistic and feasible for you? Ask for two weeks to evaluate the paperwork. After all, you may need to find a lawyer and have them review the documentation. That does not happen overnight. This is a fair request.
If you do not have it…a copy of all company policies.

POWER NOTE: DO NOT SIGN ANY PAPERWORK IN THE MEETING (with one exception*)
This is the only true power you have over the company.  Once you sign the documents, your power is almost zero.
*You may be asked to sign a document stating the meeting took place and the company provided you documentation. Read this carefully. It is acceptable to sign this document, but make sure it has no commitments.

OVER 40?
If you are over 40, the company must give you 21 days to evaluate the release and then 7 days to revoke this acceptance.

WHY NOT SIGNING IS POWER
The company is most afraid of a lingering, costly termination. They do not know what you know.  They are afraid of your ability to allege legal claims and your willingness to pursue them. So, they want to protect themselves – they want financial security.  They do not want a lawsuit. Lawsuits are public and expensive.  Whether your claims are proven or not, it looks bad and costs money. Simply stated, they want you to just disappear.

Sample Responses to Not Signing
"I will need to review this paperwork and get back you.” Just keep repeating.

Company: “If you leave this room without signing the paperwork, the deal is off the table.”

“I am not in the correct state of mind at the moment to review the documentation. I would kindly ask for some time. I am sure you would expect the same if the situation was reversed.”
“As the company has counsel here, I believe it is in my best interest to have an attorney review the paperwork. (Look at attorney) As an attorney I am sure you would agree if I was your client.”
“I don’t believe under State law this is right. I really need to speak with an attorney.”

GO HOME AND GET ORGANIZED
Get your paperwork together and read through it.

All company policies.
Your original offer/agreement letter.
Anything that suggests an employment contract with severance or company severance plan.
Any documents that changed your responsibilities and compensation.
Severance paperwork

Let Us Help

INFORMATION IS POWER

SEVERANCE PACKAGES ARE NEGOTIABLE

BEING LET GO