What to Expect, Do and Not Do When Getting Fired

Lessons From a Human Resources Veteran

Mo Morrissey
I've been in human resources for well over ten years at quickly closing in on fifteen. In that time, I've had my share of great conversations - extending offers of employment to candidates who were very invested in getting the position - and my share of difficult conversations. Some conversations may be performed easier through experience, but emotionally, they take just as large a toll now as they did the first time I was asked to do it.

The question that inevitably comes up in the meeting is "what do I do now?" Sadly, I'm not in any position to tell someone what they should do once we've gotten to a termination meeting. However, unless you're taken completely unaware when being called in, you can give yourself some emotional preparation.

What can you expect?

Depending on the reasons for your termination, you are likely eligible for unemployment benefits. Unless you've committed a crime, chances are you will be eligible to receive unemployment. In Massachusetts, your employer is required to give you a pamphlet called "How to File for Unemployment Insurance Benefits" upon your separation from work. This pamphlet will give you most of the information you will need to apply. If you're going to apply, you should do so promptly if you're concerned with your cash flow. It takes a while to process.

Also, in Massachusetts, you're entitled to receive your final paycheck at the time of your separation. Which means that if you're typically paid in arrears, you're entitled to receive that money when you separate.

Under Federal Law, you're generally entitled to continue your health insurance benefits, most often for up to 18 months, under "COBRA" or the Consolidated Omnibus Budget Reconciliation Act of 1986. This entitlement is qualified by the caveat that you could be denied this coverage if you were terminated for "gross misconduct."

Your now former employer may ask you sign a waiver against suit. Legally, you're not required to sign such a waiver and your employer cannot withhold your rightfully earned money, however they can give you incentive to sign such a waiver by offering severance pay in return. Remember, there is no law entitling anyone to severance pay.

Accepting this offer is ultimately up to you.

Other options to consider. You might ask if the opportunity to resign instead of being terminated would be available. In cases where it is simply a "fit" issue, your employer might be amenable to this situation. Depending on circumstances, this may or may not affect your eligibility for unemployment, but this may be a calculation you wish to make depending on the job market and your current marketability.

What should you not do?

At the end of the conversation, you no longer work for this employer. It will do nothing to serve your purposes to beg for another opportunity, it will only make the situation far more awkward than necessary. It will certainly make your station worse if you threaten or otherwise act in a hostile manner to the Human Resources representative and or Supervisor. Keep yourself as composed as possible. You will need a clear head to make sure you're processing the information as best you can. Acting in a hostile manner will almost immediately terminate the conversation and could result in the presence of security or police officers.

It is in your best interest to remain professional and not to burn any bridges. Now really isn't the opportunity you've been dreaming of to tell your now ex-boss what you really think of him or her, and really isn't the time to tell him or her that he or she cannot fire you because you quit. Saying something prejudicial can only hurt you in the long run.

What should you do?

Take some time and think about what has happened. Don't make any rash decisions - don't sell your car, don't sell your house. Make sure you make some considered decisions. Process what you have heard, think about what fits together - what feels right - and what doesn't. Getting fired could well turn out to be a growing process, but you have to spend the emotional energy on growing. If you're planning to get back to work, you need to approach the job search with a purpose and approach interviews with a well developed understanding of what happened in your last job.

You should consider whatever advice is proffered. You shouldn't expect much advice - remembering this is a tense situation for everyone involved and the legal stakes can be high - but depending on the situation, you may just find some advice. In the worst case scenario, you're hearing feedback you could use in a future interview to help explain why you left your last job.

Published by Mo Morrissey

Mo has a lifetime of experience as a suffering Red Sox fan, but is a general jack of all trades.   View profile

  • you are likely eligible for unemployment benefits
  • In Massachusetts, you're entitled to receive your final paycheck at the time of your separation
  • You're generally entitled to continue your health insurance benefits, most often for up to 18 months
"Experts say that at least 250,000 workers are illegally or unjustly fired each year and that's not counting those that were justifiably terminated." Allison Doyle, about.com

1 Comments

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  • Shanna Coon 6/15/2007

    Excellent advice, Mo, that anyone and everyone can and should use. Most people fail to realize that, in some cases, it is just as hard on the company or person doing the firing as the it is for the employee.

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