How to Get Fired — the Right Way

Avoiding Common Pitfalls of Leaving a Job

by Michael Alex Wasylik

You're fired! Psychologists say that losing a job, along with death of a loved one, moving to a new city, and having a child, is one of the most stressful situations a person will face during his lifetime. It's hard — but very, very important — to think clearly and make smart moves that prevent the stressful situation from turning into a disaster.

Don't lose your cool.

It might feel really good — at least for a few minutes — to tell your boss what you really think of his bad breath, feeble mind, or ugly haircut.

Don't do it.

Unless you're already leaving on the worst of terms, aggravating the people who still hold your final paycheck will cause a lot more problems for you than it will solve. Yes, you have rights, but wouldn't you rather spend the next few weeks looking for a great new job than fighting over a final paycheck, health care benefits, or a bad reference? If you make a scene on your way out, you'll just give your old employer a reason to want to give you trouble. Don't do it.

Don't sign anything yet.

A lot of employers will ask you to sign paperwork as they walk you out of the building. Don't sign anything unless you have a chance to get a lawyer to review it. Any papers you sign might waive important rights you have to unemployment benefits, legal claims (such as wrongful termination or discrimination claims), and even — in the very worst cases — your right to find a new job.

Signing the wrong piece of paper — especially if you don't have a chance to read it carefully and think about it — can cost you thousands or even tens of thousands of dollars. Taking the time to talk to a lawyer can save you that cost.

Don't just quit.

Sometimes, people get warning before they get fired. They might hear office gossip, notice their boss treating them a little differently, or get a warning from a well-placed co-worker.

It's tempting to quit: to dump before you get dumped. Unless you've already got your next job lined up, don't quit — make them fire you.

Here's why: if you quit, you have little or no negotiating power for severance pay, recommendations, and other out-the-door perks. You also might lose your right to unemployment benefits and other job-related claims, like wrongful termination or discrimination. But if you make them fire you, they have to worry about whether they've exposed themselves to a lawsuit or worse. They might offer you severance pay to settle any possible claims you might have. They might sign a letter of recommendation for your next job. But they probably won't do that if you just quit.

Get it in writing.

If you can, ask your employer to give you written notice of your termination. If you ever have to prove that you were fired, and didn't quit, a letter makes it much easier to do. You can also ask them to put in writing the reason they fired you. Again, this might come in handy if you ever need proof of that for any reason. They don't have to give you this, but they might, if you ask for it.

Get a reference.

When looking for your next job, you'll want to be able to provide them with a favorable &mdash or at least a neutral — reference letter from the job you're leaving. Write it yourself, and ask your boss to sign it. Put in reasonable positive things about your performance on the job you're leaving. If it's a well- written letter, without being too over the top, your old employer just might be willing to sign it.

Get money.

Until you get your new job, you need a way to put food on the table. Even though you've been fired, in most states you can still receive unemployment benefits in most cases. Call your local unemployment agency and find out. As long as you tell the truth about why you left — without going into too much detail — the worst they can tell you is no.

Get advice.

If you think you might have a legal claim against your employer, or if you're having trouble getting unemployment benefits, or if your old employer wants you to sign something packed with legalese, spend a little bit of time and a little bit of money to get some good advice. You can find a lawyer who handles employment issues from your local bar association, phone book, or even from other lawyers you might know. If your employer doesn't want to let you talk to a lawyer, that's the strongest sign that you absolutely need one before doing anything else.