37
You're Terminated, but Are Asked to Remain Available

STRATEGY

There are times when an employee being terminated has special knowledge or contacts the company would like to retain during a transitionary period. Perhaps you can provide unique insights into the attitudes and behavior of key customers. Or maybe you are the only one who understands a novel filing or information system that is in the process of being made more universally accessible. If you're terminated, but asked to remain available for a transitionary period, you could try to negotiate the best “consulting” package but consider taking matters a step further. It is always easier to get a job when you're still employed. Even in the most difficult of economic times, companies harbor at least an element of doubt about anyone who is unemployed. No matter what the circumstances, someone will always ask, “If they're as good as they appear, why were they fired?” If you're terminated but asked to remain available, try to negotiate continued employment. In effect, ask them to defer your termination. You're not looking to reverse the decision. You're simply asking for the company to keep you on the books as a full‐time employee until an agreed‐upon date when they will no longer need you to be available. As part of this discussion you can reach an agreement on your future severance package. While you're still employed you can actively look for another job and honestly say that you still have a job, making you a more attractive candidate. If this effort doesn't work, your fallback position can be negotiating the best possible “consulting” arrangement.

TACTICS

  • Attitude: Accept that you're terminated but don't let pride get in the way of getting as much as you can from your former employer.
    Flow diagram depicting a course of action for 37. You're Terminated, but Are Asked to Remain Available with an opening statement, situations, and responses.
  • Preparation: If you get advance warning or can postpone the discussion, determine for how long you'd like to postpone an actual termination or how much you'd like for a consulting arrangement.
  • Timing: You won't have control over the initial termination discussion, but you can try to postpone the follow up conversation.
  • Behavior: Treat this as a business discussion. You have leverage with a “client.” Make sure you use it.

ADAPTATIONS

This script can be modified to:

  • Negotiate a short‐term engagement with a client or customer who will be going to another provider.

KEY POINTS

  • Try to negotiate continued employment, asking them to defer your termination.
  • Push to reach an agreement on your future severance package.
  • Actively look for another job.
  • If your continued employment effort doesn't succeed, negotiate the best possible “consulting” arrangement.