Full Description

You’re Fired!
Those are the two words every employee dreads. But what does it really mean to be let go, and more important, what can you do to turn this situation into an opportunity for future success?

Fired, Laid-Off or Forced Out takes the fear out of the possibility of losing your job and replaces it with specific guidelines any worker can use to protect his or her rights. From the factory worker to the professional, the salesperson to upper management, anyone can benefit from the insight and the proven steps described to obtain a positive outcome.

Successful strategies clearly explain how you can:
--Survive a Disciplinary Action
--Diffuse Volatile Situations
---Change an Abusive Environment
--Prevent Termination
--Handle the Termination Itself
--Negotiate a Severance Agreement
--Evaluate Your Case
--Craft a Better Settlement
--Build Your Workplace Power

Table of Contents

Introduction

Chapter 1: Discharge as an At-Will Employee -
-Debunking Myths about Your Employment Rights

Chapter 2: Strategies to Survive a Disciplinary Action -
-Are You Really on a Termination Track?
-How Employee Discipline Works
-How to Survive Employee Discipline
-Top Ten Rules to Survive Discipline
-Top Ten Rules to Survive Discipline

Chapter 3: How to Diffuse Potentially Volatile Situations
-Strategies for Executives
-Strategies for Mid-level Managers
-Strategies for First-Line, Nonunion Supervisors
-Strategies for Commissioned Salespersons
-Strategies for Nonunion, Hourly Workers
-Strategies for Probationary Employees
-Survival Tips

Chapter 4: Using HR to Survive Abuse at Work
-Your Need to Report Harassment
-Using Good Judgment in Reporting Harassment
-The Trick is to Change the Subject
-Verifying Complaints
-Considerations That Affect Your Reporting Decision
-Tips for Dealing with Human Resources

Chapter 5: Strategies to Preempt or Prevent an Anticipated Termination -
-Strategy 1: Preempt it by Proposing that You Resign
-Strategy 2: Demonstrate Submission
-Strategy 3: Enlist Third-Party Assistance
-Strategy 4: Assume a Legal Posture
-Strategy 5: Engage in a Political War

Chapter 6: Managing an Imminent Termination -
-Ensure Your Performance is Documented
-Begin a Narrative of Events
-Make a List of Witnesses
-Start Networking
-Consider Consulting with an Attorney
-In the Meantime, Do Your Job
-Mend Fences
-Be Mindful of Any Upcoming Dates
-Watch Out for Traps
-Review Your Employer’s Benefit Offerings
-Do Not Create a Sense of Impending Doom
-Do Not Argue Your Case to Your Co-Workers
-Do Not Ask Your Boss for Reassurance
-Do Not Give Up and Stop Performing
-Do Not Engage in Desperate Defensive Measures
-Do Not Go on Vacation
-Do Not Just Quit
-Do Not Make Illegal Tape Recordings
-Do Not Access Information without Authority
-Do Not Give Your Employer an Excuse
-Do’s and Don’ts in Anticipation of a Termination

Chapter 7: Handling the Termination Itself
-The Termination Meeting
-Posttermination Winding Up
-The Exit Interview
-Your Final Check and Benefits
-Posttermination Filings to Protect Your Rights
-The Effect of Termination on Your Receipt of Benefits
-Termination Tips
-Termination Tips

Chapter 8: Immediately after Your Termination
-Remain Calm
-Ask Probing Questions
-Remove All Personal Belongings at Your Earliest Opportunity
-Relinquish All Keys and ID Badges when Requested
-Record What was Said in the Termination Meeting
-Request a Copy of Your Personnel File
-Let Your Family and Friends Take Care of You
-If You Need It, Seek Emotional Counseling
-Seek Legal Advice Only from a Knowledgeable Lawyer
-As Soon as You are Able, Look for Other Work
-Do Not Start Cutting Your Own Deal
-Do Not Release Your Employer Without Consulting a Lawyer
-Do Not Write a Letter of Protest to the Company
-Do Not Start Writing Letters to Your Congressional Delegation
-Do Not Engage in Physical Harm
-Do Not Remove Anything that Does Not Belong to You
-Do Not Refuse to Return Property Belonging to the Employer
-Do Not Immediately File an Internal, Nonunion Grievance
-Do Not Sign a Confession
-Do Not Try to Handle it Alone
-Termination Tips

Chapter 9: Negotiating a Severance Agreement
-How to Get More Severance
-The Contents of Your Severance Agreement
-Severance Tips List

Chapter 10: All About Lawyers
-How to Find a Lawyer
-Engaging Your Lawyer

Chapter 11: Unlawful Terminations
-Public Policy Wrongful Discharge
-Wrongful Constructive Discharge
-State Statutory Solutions
-Discrimination Laws
-Opposition and Retaliation Statutes
-Employment Contracts

Chapter 12: Other Legal Claims
-Intentional Infliction of Severe Emotional Distress
-Intentional Interference with Economic Relations
-Invasion of Privacy
-Defamation
-Misrepresentation

Chapter 13: Termination of Special Group Members
-Termination of Union Workers
-Termination of Government Employees

Chapter 14: Evaluating Your Termination Case
-Evaluating Whether You Have a Case
-Evaluating the Problem of Your Case
-Evaluating Your Case when the Employer Covers Its Tracks
-Factors Affecting Your Case
-Other Factors that Can Help

Chapter 15: Mistakes Employers Make
-Top Ten Complaints

Chapter 16: Deciding Whether to Pursue Your Case
-Your Need for Litigation
-Your Support from Others for Litigation
-Your Health
-The Effect on Your Marketability

Chapter 17: What to Expect During Litigation -
-Prefiling Stage
-Trial Stage
-Appeal Stage

Chapter 18: Things You Can Do to Help Your Lawyer Win
-Provide Requested Information in a Timely Manner
-Stay in Communication with Your Lawyer
-Treat Your Lawyer as a Member of Your Team
-Be Flexible with Your Schedule
-Follow Your Lawyer’s Advice
-Do Not Shoot the Messenger
-Try to Control Your Relatives
-Do Not Fall in Love with Your Case
-Do Not Pull Any Surprises
-Keep the Faith
-Ways to Help Your Lawyer Win

Chapter 19: Common Questions About Case Settlements -

Chapter 20: Special Rights and Benefits Legislation
-Unemployment Compensation
-Health Insurance Legislation—Consolidated Omnibus Budget Reconciliation Act (COBRA)
-The Health Insurance Portability and Accountability Act (HIPPA)
-Retirement Legislation—ERISA
-Notice of Plant Closure Legislation
-Employee Leave Legislation
-Basic Provisions
-FMLA and the ADA

Chapter 21: 12 Steps to Build Your Workplace Power
-Step One—Learn to Like the People You Work With
-Step Two—Communicate Often with Your Supervisor
-Step Three—Never Turn Down an Invitation
-Step Four—Do Not Be Afraid to Socialize with Your Boss
-Step Five—Socialize with Your Co-Workers
-Step Six—Make Your Co-Workers Feel Good about Themselves
-Step Seven—Do Not Forget Who Brought You to the Dance
-Step Eight—Never Violate a Confidence
-Step Nine—Never Refuse an Assignment if You Can Help It
-Step Ten—Know Your Supervisor’s Expectations
-Step Eleven—Never Speak Ill of the Company
-Step Twelve—If You Are Unhappy, Do Not Broadcast It at Work
-The 12 Steps

Epilogue -

Glossary -

Appendix A: Frequently Asked Questions -

Appendix B: Payment of Wages Upon Termination -

Appendix C: Effect of Misconduct on Unemployment Benefits -

Appendix D: State Discrimination Laws and Agencies -

Appendix E: EEOC Office Directory -

Appendix F: Miscellaneous State Laws of Interest -

Appendix G: Notable Wrongful Discharge Cases -

Index -

About the Author -

Excerpt

Editorial Reviews

Customer Reviews

Customer Reviews: