4 ms·
I was laid off last year, but in Canada so might be different where you are. Here is my advice: Everything is up to negotiation. You do have leverage, your la
by appleiigs 9y ago
I was laid off last year, but in Canada so might be different where you are. Here is my advice:
Everything is up to negotiation. You do have leverage, your lawyer will tell you how much.
The process would be:
1. Don't sign anything.
2. You hire a lawyer who specializes in employment disputes. If the severance package has a deadline, your lawyer will email the company saying they represent you and need more time to respond.
3. You meet with your lawyer and explain your situation. My lawyer explained to me that when you get laid off, your company is breaking your employment contract. That means they have to provide you with compensation to make you whole. The amount of compensation depends on your skills, experience, job level, age, health of the job market and any other specific circumstances. Basically, the company has to compensate you enough money that would make you whole - which is be employed again. The compensation is based on the time it will take you to get a new job. 3 weeks is kinda short. Also, there maybe rules-of-thumb: in my city in Canada, we expect to get a minimum of 1 month of salary for each year you worked with the company. I have seen some very generous companies give 2 months of salary per year worked.
4. The lawyer will write up a demand letter asking for more severance. From that point on the lawyer does all the communications with the company. My company also offered employment services to help me find a new job which i didn't need, so my lawyer said ask the company to pay that to me in cash... was like $5K. My lawyer said there is zero risk in sending a demand letter - never will get a worse package.
5. Depending on the size of the company, they may expect that a certain percentage of employees will dispute their severance package - which means they already planned to give complainers a bit more... as in, already authorized, you ask, they give... easy.
6. My company said "No" to the demand letter. They pointed out that there were many jobs that I would be hired for and my severance is enough. They provided the job postings that I would be suitable for.
7. In response, my lawyer told me to go through each job posting and write a couple sentences of why I am not qualified for them. My lawyer sent that to the company.
8. Company responded with a higher severance, an extra few months of salary on top of the 1 month per year and the $5K mentioned above. The legal costs were less than $2K.
- throwmeaway32 9y agoInteresting, how did you find that lawyer? (google? personal contacts? Approached a law firm?)
- appleiigs 9y agoI was referred to a lawyer by a friend who was laid off previously. Many people were being laid off at this time. Also, I worked with lawyers at the company I was employed with. I asked one lawyer who I got along with to refer one. That referred lawyer was too expensive (big name law firm who works for corporations). If you don't know any lawyers, you can ask anyone who works with lawyers. For example, if you have a friend who is banker or real-estate agent. Their lawyer will know other lawyers. Most importantly, you should have a conversation with a couple lawyers (ie. interview them): "Here is my situation, do you think I can get more?", "If we ask for more, how do you go about it?", "To keep costs down, do you have a legal associate to do the work?". Since you are interview them, calling local employment lawyers that you find on google is OK too. The 15 minute phone call is free, lawyers have to do marketing/business development too. On a different topic: you mentioned stress. My advice to you is to make sure you don't turn it into a bad time in your life. You have control. You can make it better by doing things such as losing weight, improving your golf game, traveling locally/camping (to keep costs down), visiting family, building a side project, contribute to open source. All of these things give a silver-lining and promote a positive optimistic outlook. Also, these things are great in a future job interview when they ask "so what did you do with your time off?" A fun, positive answer is best. You won't be unemployed forever.
- juicyfroot 9y agoWelcome to the future. Where instead of working, you hire another man (or woman) to threaten to give you free money. Libertarian to the max here. I'm always ready to walk within 2 seconds. Do people have no shame?