How to Handle Getting Fired

Diplomacy and Not Burning Bridges Key to Reacting to a Firing

Oct 6, 2009 Daniel Gansle

Getting fired is one of the most dreaded and fundamentally unfair experiences in the corporate world. Here's how to react to a firing to ensure future job opportunities.

The following is a true story. One day an employee was brought into a “meeting” early in the morning. The individual had been disciplined a couple of times for not performing his job duties to managers’ expectations, so he thought this may be the third and final warning. Instead, he was met by his direct supervisor and a gravely serious HR manager.

The two proceeded to tell the worker that, because of poor performance, they had to let him go. The employee kept calm and cool, not arguing back, but trying to get a grip on the situation. This angered the managers. “You have to understand, this is a firing, not a layoff,” the direct supervisor growled. The worker said, “Okay, thank you,” rose out of his chair, and left the room to pack his belongings.

Naturally, the individual felt slighted. He was disciplined for the most inane of reasons, almost as if they were simply going through the process with the end goal of pushing him out the door. It would make perfect sense since the company had already started laying off workers, and a “firing” benefits their unemployment insurance tax rate and other factors more positively than a layoff.

Whether justly or unfairly, companies fire workers every day. Sometimes the person was just plain incompetent, and other times the target of a politically-motivated conspiracy to force him or her out. When the employee hears those dreaded words, “You’re Fired!,” what recourse does he or she have? Are there situations where the person can outright sue the former employer based on wrongful termination?

The At Will Employment Conundrum

Pursuant to applicable employment laws, the introductory scenario of the worker who was forced out of a job for political and financial reasons has no case. Why? Because state at-will employment laws permit companies to let employees go at any time, for any reason whatsoever, or no reason at all.

Says attorney Aaron Larson in the September, 2003 ExpertLaw article, “Wrongful Termination of At Will Employment," "Many people are employed ‘at will,’ meaning that they don't have a formal employment contract with their employer and state law thus permits their employment to be ended at any time, or that they do have a written contract under which contains an ‘at will’ clause...”

When Corporate Firings are Illegal

Despite at-will employment laws, instances where it is not within the employer’s legal rights to fire an employee do exist. These exceptions include anti-discrimination laws, whistleblower protections, public policy exclusions, and procedural/contractual protections. For example, it is illegal to fire someone based on race, if they expose company wrongdoing, if they file for worker’s compensation, or if the employer fails to follow guidelines for disciplinary action before letting them go.

How to React to a Job Firing

Employees who face involuntary termination should keep a calm demeanor at all times. Becoming argumentative or belligerent only makes matters worse, and may negatively affect future job prospects. Instead, assure the employer a good faith effort was made to succeed in the position and tell them, “Sorry it didn’t work out.” If the firing was overtly discriminatory or the company is engaging in illegal practices, document everything for proof.

If an ex-employee suspects he or she has been fired from the company illegally, or perhaps has even been retaliated against, consulting an attorney specializing in employment law is a good first step. Otherwise, state at-will employment laws kick in to protect the company against costly employment litigation, and managers are very careful not to cite a reason that could be even remotely interpreted as illegal during the firing process.

Getting fired is always stressful and difficult, but if approached properly, it doesn’t have to negatively affect future job opportunities. So long as the candidate explains the involuntary job separation to potential employers as a circumstance beyond his or her control, and that he or she did the best job possible but it simply didn't work out, the firing may not be the career-killer the person once feared.

The copyright of the article How to Handle Getting Fired in Career Advice is owned by Daniel Gansle. Permission to republish How to Handle Getting Fired in print or online must be granted by the author in writing.
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