The Value and Benefits Associated with the Negotiation of a Termination

The termination of employment can result in significant problems for an employee including the loss of income, health benefits, and most importantly, the loss of the terminated employee's credibility and employment value.

Significant shifts in the economy, market and company status have resulted in a decrease in company loyalty and an increase in the number of terminations of quality employees for reasons other than cause.  As a result an employee targeted for termination can either accept the termination passively and suffer the consequences associated with being unemployed, or the employee can take action to minimize the negative impacts that are associated with a loss of employment.

While most companies will state publicly that a termination decision is a right they can exercise "at will" and that the employee has no right to oppose it, privately they concede that their goal is to expedite the conclusion of a termination process at the earliest possible time with the least difficulty.

This private attitude of most companies to conclude a termination quickly provides an opportunity for all employees to negotiate their termination.

The Negotiation of a Termination Requires Affirmative Action

If an employee targeted for termination is to negotiate their termination it will be necessary for the employee to initiate the action required to create the leverage necessary for the company to agree to entering into the termination negotiation process.  It is highly predictable that the first response of the company will be to reject the employee's attempt to negotiate the termination, but will amend this decision if it is clear that the employee is prepared to take action against the company that will extend the time and cost associated with the termination. 

What Can be Done to Get a Company to Engage Negotiating a Termination

The approaches to getting a company to engage in negotiating a termination can be informal and formal.  It is wise for the employee to initiate the process be introducing the desire to negotiate a termination informally.  This can be done by either seeking a meeting with a employer decision maker and outlining a rationale that justifies the employees entitlement to some form of termination benefit.  The success of this approach will greatly depend on how persuasive and compelling the rationale presented by the employee is.

The employee should be prepared to escalate any informal demand to negotiate a termination that fails to a more formal level.  There are several avenues that can be taken to make a formal demand to negotiate a termination.  The most compelling is to first is to pose the threat of legal action if the termination is not negotiated, and then the initiation of legal actions if the threat of action fails.

Traditionally, legal action can mean costly legal fees.  However, all employees have the right to initiate legal action "pro se" (without and attorney).  What is required to transform a threat of legal action is the format required to make a pro se legal filing, the outline of a complaint detailing a reasonable "cause of action" against the employer and the payment of a nominal filing fee.

It is likely that this action will cause the employer to concede to negotiate the termination.

What Should be Demanded in a Negotiation of a Termination

The negotiation of a termination is primarily carried out to protect the interests of the terminated employee.  As a result the topics to be included in the negotiation process should include the following:

1. Extended compensation

2. Extended health benefits

3. Protection against the unanticipated consequences of termination to credibility and employability through assurances of non-disclosure and confidentiality

4. Control over references

5. Reimbursement for any expense related to obtaining new employment

6. Any other issue that may negatively impact on the employee's ability to achieve new employment.

Career Problem Solving Services can help guide their clients through the process required to achieve the goals associated with negotiating a termination.  If you are ready to take action regarding a termination please complete the CPSS Information Form by clicking HERE or contact a member of the CPSS staff by clicking HERE.