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the best way to get severance pay while you’re fired or laid off — Ask a Supervisor


I’m a lawyer within the employment area, and I’ll add to the instances you may attempt to negotiate for severance while you had been terminated for “efficiency” causes: when the circumstances across the termination appear actually suspicious and presumably falsified.

A private instance: My accomplice received let go from a job they’d for less than 3 months for “efficiency causes” on the identical day another person on the identical staff was let go, additionally for “efficiency.” This was not a gross sales or different sort job the place there’s a 90-day probationary interval, and the opposite worker had been there for over a yr. I gained’t get into all the small print, however the efficiency foundation was extraordinarily suspect for a number of causes. First, no causes or explanations for lack of efficiency had been offered to both worker after they terminated, and previous to that each my accomplice and the opposite individual had by no means been supplied with important suggestions from their supervisor, regardless of them each instantly asking for it a number of instances. Second, the supervisor had been employed at basically the identical time my accomplice was–in order that they didn’t rent anybody on the staff themself, besides that they employed a detailed former colleague the identical day my accomplice and another person had been let go–making us suppose this was presumably a strategic termination primarily based on the supervisor wanting to construct their very own staff. Third, the corporate wasn’t performing tremendous effectively financially, and layoffs had been taking place broadly in the identical subject. Fourth, the supervisor had engaged in simply usually gross conduct like brazenly gossiping concerning the efficiency of others and about how they had been deliberately politicking sure execs.
Lastly and critically, my accomplice and their former coworker had been in contact, and the coworker shared that they’d obtained severance. After all, my accomplice didn’t. The opposite worker was of a demographic that made me suppose the corporate needed them to signal a launch, maybe figuring out that this complete factor was not above board or carried out effectively.

So – my accomplice, with my assist, negotiated onerous for severance. They laid out an in depth account of their expertise with their supervisor (lack of suggestions, instances they received good suggestions, and many others. – with screenshots) and that they knew another person had gotten severance, regardless of being terminated on the identical day for a similar alleged motive. And it labored! Sadly I believe the one factor that probably swayed them was not the completely terrible administration however as an alternative the differential remedy of their coworker, which basically allowed my accomplice to say “your motive for offering severance to 1 individual however not me could be unlawful and primarily based on protected class.”

That’s all to say that if one thing appears actually fishy together with your termination and you may vet that fishiness with somebody who could be extra unbiased (I’m biased in direction of my accomplice however I’m additionally extraordinarily conversant in employment legislation and finest efficiency administration practices), you must simply lay out your case for severance in a extremely clear/direct but in addition well mannered and sort trend and see what occurs. Worst that occurs is they are saying no!

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