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Ask HN: I am about to be fired. What should I do?

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101–110 of 198 posts

Re: Ask HN: I am about to be fired. What should I do?

#102

Listen man. There is a certain power in walking away. Don't give that away. Think about your power for a minute. How much power would it be to hand in a written letter CLEARLY outlining the issue described using MINIMAL WORDS? Somebody would have to look at the situation in detail and if you really deserved to be commended for your honesty then it would come out. The tables would be completely turned. 1. You would ha…

"1. You would have officially quit. HUGE WIN" Until you have to collect unemployment, or sue for wrongful termination.

If you're fired for cause, you probably can't collect anyway.

Re: Ask HN: I am about to be fired. What should I do?

#103

I would definitely mention this in a short email to your bosses direct supervisor, or if you don't trust him, as far up the chain as you would like to go, if this involves violating law, you obviously need to not violate that. However, the chances that they will side with you are low, so remain very civil, and be ok if that happens. There is a chance they won't terminate your boss - and will try to get you to "patch…

[deleted]

Re: Ask HN: I am about to be fired. What should I do?

#104
post #88
post #43

>blackballed from most firms in this city Why? Do you have some kind of Public Hall of Shame where you put those who have been fired? Or do you live in some small village where everyone knows everyone and everything? Really interesting.

The problem is that while prospective employers can't ask your companies HR dept. to verify anything beyond the most basic facts of your tenure, they can make note of whether your direct manager is included in your list of references. The fear (perhaps unjustified) is that any signal indicating a less-than-amicible seperation will be treated as a red flag by potential employers, who would prefer to give the position…

a) Hi, I'm calling to check the references of your ex-employee named Ted.

b) We have a company policy against giving references but I'd be happy to discuss the weather with you.

a) Okay.

b) The clouds are moving lazily across the sky and everyone thinks they're stupid.

http://assets.amuniversal.com/bcdb80c06d5101301d7a001dd8b71c...

Re: Ask HN: I am about to be fired. What should I do?

#105
post #36

I've been unfairly fired several times, so my advice is: 1. Forget it, that job is over, it can't be salvaged. Knowing it's over, do the minimum work. 2. Start actively looking. Even if you don't find a new job within 30 days, you'll start getting interviews in your pipeline. 3. If it's so bad that it's making you sick (trouble sleeping, etc.), then just walk away now. Otherwise, there are advantages to saying on to…

> Knowing it's over, do the minimum work.

I strongly disagree with this step. Ensure your performance is exceptional, flawless, and that everyone sees it. It's hard to do, hard to keep focus and not slip when everyone else is misbehaving, but it pays off:

1) It keeps your hands clean. Others won't know the inside story of why you were let go; if they see you slacking, they will doubt your character and work ethic and believe it's your fault. If they see exceptional performance they may give you the benefit of the doubt. You want them wondering, 'how could they fire him/her?'

2) It leaves a strong impression with everyone, possibly even your boss, of your work ethic and professionalism: 'Even knowing he/she would be fired, look what he/she did'. A crisis is a chance to show your quality.

3) It keeps your hands clean, which means you can sleep easily in the future. Don't do anything you will question later. Be proud of what you did and that you rose above your manager and the situation. Having been in similar situations, it made a great deal of difference in my self-respect and peace of mind down the road.

Re: Ask HN: I am about to be fired. What should I do?

#107

1. Do not talk to anyone else in the company about this issue. Do not trust HR or legal. 2. Document everything. Write down the conversation you had with your boss word for word. Go do that right now. 3. Save proof of the violations. Save proof of you reporting it. Save your "excellent" job reports. It will be harder for them to justify firing an excellent employee. Realize that data loss prevention software will tel…

"4. Consult with an employment lawyer."

Talking to an employment lawyer is a very good idea, since you may be getting fired in retaliation for reporting illegal activity: "the 'expert' turned out to be producing documents that are not in compliance with Federal law." You might have a case for a wrongful dismissal lawsuit, which could give you leverage to get a hefty severance payment to make the case (and adverse publicity) go away by settling out of court. So definitely consult a good lawyer who practices employment law in your state.

"2. Document everything... 3. Save proof of the violations."

Needless to say, don't save these on your company computer, since the moment they decide to fire you you'll lose access to it.

"1. Do not talk to anyone else in the company about this issue. Do not trust HR or legal."

For more information on the role of HR and why they shouldn't be trusted, read the book Corporate Confidential by Cynthia Shapiro (which I learned about from a comment on HN a while back; thanks to whoever posted that!).

Link to book: http://www.amazon.com/dp/0312337361

Re: Ask HN: I am about to be fired. What should I do?

#109
In summarising many of the excellent advice here you should:

Maintain your professionalism

Seek independent legal advice

Avoid HR like the plague

Assume that you will be fired. You cannot win.

Start looking for a new job immediately.

Document everything for any legal proceedings later.

Ask colleagues you trust if they would provide you with a reference once you have secured new employment.

Do not fear leaving your job for another. Opportunity knocks.

Good luck and remain positive. Don't let this get you down.

Re: Ask HN: I am about to be fired. What should I do?

#110
post #102

Earlier quoted context omitted.

"1. You would have officially quit. HUGE WIN" Until you have to collect unemployment, or sue for wrongful termination.

If you're fired for cause, you probably can't collect anyway.

Possibly. It all depends a great deal on jurisdiction and circumstance.

http://www.nolo.com/legal-encyclopedia/unemployment-benefits...

"In many states, an employee's misconduct has to be pretty bad to render the employee ineligible for unemployment benefits. An employee who is fired for being a poor fit for the job, lacking the necessary skills for the position, or failing to perform up to expected standards will likely be able to collect unemployment."

To be fair, quitting in this instance may fall under "constructive discharge", but generally speaking for this kind of thing you have significantly better odds when the other party needs to demonstrate that you're an exception than when you do. I know a place I worked once caught someone with their hand in the till, and wound up paying unemployment because proving it was going to be a bigger hassle.

http://www.nolo.com/legal-encyclopedia/unemployment-benefits...

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