Fired, Downsized, Or Laid Off: What Your Employer Doesn't Want You to Know About How to Fight Back

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Macmillan, Jan 4, 2000 - Business & Economics - 352 pages
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All the legal facts, negotiating strategies, and coping tips anyone just dismissed from a job needs from an expert on employment law.

Job security has disappeared. Even in good times, people get the pink slip whenever cutting staff appears to be in the best interest of the company or those who run it. These days, everyone must be prepared to negotiate severance almost instantly.

Alan Sklover, an attorney with over a decade of experience handling severance negotiation for employees, provides an insider's guide to the best approaches to getting a favorable settlement. With its wealth of information, easy-to-read style, and short chapter format, Fired, Downsized, or Laid Off will become the standard text for anyone who wants to know:

o What do standard severance packages include?
o Tips to keep self-esteem high and stress low through severance negotiations
o How to customize a severance package
o When to hire an attorney and how to use their services wisely
o How to turn job loss into an opportunity for a new career path, self-employment or early retirement

In these uncertain times, no employee will want to be without this book.
 

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Contents

Its No Secret The Workplace Is Now a Negotiating Place Like Never Before
3
The Three Big Secrets of Severance Negotiating
11
The Three Major Challenges You Face
15
Upcoming Dynamics Negotiation Is a Process Not an Event
21
Your Focus Motivation and Perceived Interests
24
What About Legalities? Severance and the Law
31
Your Own JobLoss Context Often a Negotiation Predictor
39
Experience Reflections Observations Suggestions on Negotiating
55
Form U5 Statements Special Concern for Those in the Securities Industry
214
Release and Waiver of Employees Claims
219
Mitigation
222
Confidentiality
225
Return of the Employers Property
227
Nondisparagement
230
Beware of Restrictive Covenants
232
There Are No Guarantees
237

Avoiding the Common Emotional Pitfalls
63
Consider Your Employers Perspective
70
Is Legal Representation Necessary for You? Perhaps Not
74
Seven Suggestions for Working Most Productively with Your Severance Attorney
85
What Lies Ahead A Preview of the Severance Process
88
Preparing Your PreNegotiation Checklist
94
The Ten Stages of Severance Negotiation
107
How Much Can You Really Negotiate?
129
The Five First Essential Requests
135
The Ten Next Most Valuable Requests
143
Customize Your Requests The 101 True Severance Secrets
152
How Much Should You Ask For? The Emerging Severance Standards
170
Pension and Insurance
178
Noncompetition and Other Restrictive Agreements
184
Stock Options
190
Defamation and Disparagement
194
Future Ownership and Use of Ideas and Creations
199
Confidentiality Proprietary Information and Trade Secrets
205
For Those Contemplating Continuing Arrangements or Consultancies
210
Beware of Withdrawn Offers and Counterclaims
239
Litigation Arbitration Mediation
243
When It May Be Time to Walk Away
251
Bouncing Back and Standing Tall
257
Eligibility for Unemployment Benefits
261
A Concern About EmployerProvided Outplacement
265
Is Severance Taxable? Are Related Costs Deductible?
268
Getting Out of Waivers and Releases
271
Breach of the Severance Agreementby Either Side
276
Employer Bankruptcy
283
Rollovers Reinvestments and Replacements
287
Conclusion Severance Negotiating and Your Empowerment Beyond
291
Sample Letters of Nonacceptance of Termination Terms
297
Sample ShortForm Severance Agreement Waiver and Release
304
Sample LongForm Severance Agreement Waiver and Release
307
Sample Text of Agreed Departure Statement
324
Notice of Default
325
Index
327
Copyright

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About the author (2000)

Alan L. Sklover, esq., is the senior partner of Sklover, Himmel & Shepard, LLP. He appears as an expert on employment law on CNN, CNBC, Bloomberg Business Radio, and CNN's interactive website, and has been quoted in The New York Times, Business Week, Money Magazine, and The Washington Post. He lives in New York City.

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