- Keep a detailed personal file regarding your work activities and put in it
everything that comes up that seems out of sorts etc. We will use the information
in your file to build a case against your employer in the event you are terminated.
- NEVER sign any agreement presented to you at work until you have it
reviewed by an employment attorney. Many people do not think about the future
impact these agreements will have on them, as they just want the job in the present.
- ALWAYS attempt to negotiate every agreement presented to you.
- ALWAYS request a termination for cause when you get hired. If you do not,
your employer will assert you are an at-will employee with no protections against
termination. You have the right to request additional job protections from your
employer.
- ALWAYS determine if your company has a severance plan and not a policy.
You need to know what is available on the backend in case you are terminated and
you will need income to transition between jobs
- NEVER sign a noncompete agreement and if forced to sign one demand
substantial money for signing it. We admonish employers who force these stupid
self-serving agreements on all employees and we are successful in removing many
of them.
- NEVER sign a severance agreement that contains a noncompete clause for the
first time. If you never had one before, never restrict your ability to find the right
job for you. Contact a lawyer and they will make sure the noncompete is removed from the severance agreement.
- ALWAYS ask for a year and a half of severance and negotiate your way down.
- ALWAYS document your side of the facts in every performance improvement
plan. You can use an email or word document or both. Do not accept the
employer’s statement that you can not submit a response in their system.
- PIPs (Performance Improvement Plans) are used to terminate your
employment and no one ever survives them. Wake up and realize you are being
sandbagged by your employer.
- Remember to watch for the “writing on the wall” that your employer may be
setting you up for termination. Many people ignore the initial signs in hopes they
can improve the working relationship. You would be better served speaking to an
employment attorney to conduct a severance negotiation on your behalf and
conducting a new job search on company time.
- ALWAYS negotiate a severance agreement and never sign one without do so
using an employment attorney, either directly with the employer or behind the
scenes.
- No, your employer cannot ask your age during a job interview, it’s illegal.
- When you become sick or injured, always request FMLA leave, plus a
reasonable accommodation in the form of a “paid disability leave” under the ADA,
and file a claim for short term disability benefits- ALL AT THE SAME TIME.
- NEVER confide in Human Resource personnel, they are not friends, and have
a legal duty only to the employer. But if you need to file a complaint with HR, do
it in writing via email; emails are time and date stamped for record keeping
purposes.
- ALWAYS ask a trusted colleague for a job reference and get something on a
letterhead before you leave.
- If you file for unemployment but have yet to sign a severance agreement, do
not answer the question on the unemployment application that you have received a severance.
- Only disclose your physical or mental disability until after you have been
hired, if at all, but never before.
- If you are fired for cause by your employer or you quit your employment,
you are not entitled to unemployment or severance benefits.
- ALWAYS hire an employment lawyer and do not second guess yourself. The Investment will be worth the return.