4 ms·
At-will employment: very complicated. http://michaelochurch.wordpress.com/2012/12/21/what-is-at-will-employment/ http://michaelochurch.wordpress.com/2012/12/21/
by michaelochurch 13y ago
At-will employment: very complicated. http://michaelochurch.wordpress.com/2012/12/21/what-is-at-will-employment/ http://michaelochurch.wordpress.com/2012/12/21/what-is-at-wi...
Laws on termination are very complex in general. You need a lawyer to navigate that stuff. There are a lot of things that it's illegal to fire someone for doing (including, for example, discussing salary with co-workers). If you're under threat of a PIP/firing you can usually make one apply in the 30-90 days of the PIP.
More than a lawsuit, companies fear disparagement (unless their reputations are in the toilet already) and that's a good enough reason, in general, to write decent severance packages. Warning: never explicitly threat disparagement in a severance negotiation. That gets into extortion territory and while you're unlikely to be taken to jail, you've lost all leverage.
Generally, you should aim for a fair (not unreasonably high) severance and more important try to work out a good reference even when let go. Always, after any termination, check your own references. Employment suits become he-said/she-said affairs very quickly, so the behavior of the people involved will determine a lot. If they're giving good references, reasonable severance offers, etc. then the odds are very strongly in their favor. If they give a bad reference, the situation is much to your advantage and your argument that you were fired 2 days after disclosing migraines suddenly finds a more receptive audience.