Labor / Employment, On The Job

How To Exit With Grace: An Employment Lawyer’s Perspective

Here are a few ways to make your exit smoother, regardless of what motivates it.

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One of the most entertaining things to experience from afar is the destructive employee send off. Nothing is more satisfying than a good “f-you” send off to an employer who you feel deserves it.

Above the Law has covered its share of these types of send offs.   I’ve witnessed a few at work (I have even seen a “Bye Felicia” email in real life). For the most part, they are harmless. But occasionally they aren’t. I find myself giving advice about the way to exit with grace very often — more than once last week, actually — so I am going to share with you some tips from my perspective.

Exiting With Grace

Whether you leave because you want to, or because you have to, you can do so gracefully. Even for “sudden” terms, often the writing is on the wall. Right now, for example, firms seem to think staff layoffs are easy ways to increase PPP. If you work at an Am Law firm where the peers seem to be all following suit, you may want to consider this list. Unfortunately, as someone who often guides employers through terms, rarely do they come as a complete shock. If your company isn’t doing well, and you don’t have a lot of internal support, it is likely a good time to start planning for a graceful exit. If you are miserable at work, and find any reason you can to work from home, start working on your exit now. If you aren’t hitting your metrics, either due to a job being a bad fit or bad work environment, you can do better. You can be happy at work. Here are a few ways to make your exit smoother, regardless of what motivates it:

  1. Find a good reference for your next job. Even if you hate where you work and everything you think your job stands for, you can still find someone there who can be a reference. If the company is really small and everyone is related, look for someone who used to work there, or even a customer or client you work with. If you are thoughtful enough, you will find someone who can give you a good review and who you can use to talk about the work you do there. Get that person teed up and start looking for greener pastures.
  2. Write down your wins. Again, even if you hate your job, if you have been there more than a few weeks, you should have something to put in your win column. This is the stuff you talk about at your interview for your next job. Write down specifics for key accounts that you made a difference on. Be prepared to self-promote, and use what you do day-to-day to have specific examples that make your case.
  3. Use all of the resources to get yourself up to snuff. Do you need CLE credits? Can you get a certification to put on your résumé? Can you attend industry events? Does your current employer provide you with an opportunity to do all of that at a low cost, or no cost? Take advantage of it, to make you more attractive for your next employer.
  4. Review everything you have signed. And make copies to take with you. This applies to reviews and to any agreements you have signed, including confidentiality agreements or noncompetes, which can affect your ability to find future employment for years after you exit. Get a copy of the handbook if you can, to confirm policies for vacation or other leave upon separation. If there is something you think is really problematic, or that might impact your next move, be prepared to negotiate.

Now, you may ask yourself: why would an employment lawyer know all of this? Well, because at least once a month I get a call from someone who is going through a truly awful experience. I’ve had employees who were mistreated because of gender (male and female); I’ve had an employee with a sick child be told he was doing “women’s work” when he wanted to work with his wife to be sure his child’s medical care was moving smoothly. Early in my career, I had a case where a black male employee who was my dad’s age was called “boy” by his white (and often younger) colleagues. I recently got a call from a female employee whose boss kept touching her butt.

For all of these people, there is a law that says none of this should be happening. But you know what: the law can’t come to work with you and stop harassment or discrimination. People in bad jobs need practical steps to take, whether or not they consider a legal solution to their problems. I do what I do because I love what I do; I literally became lawyer to help people. Most of my job is helping employers meet their goals through workforce management. But occasionally I literally save a life by helping someone leave a job they hate and move on to something better.

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Know When To Call An Expert

If, or when, the time comes to negotiate your exit, know when to ask for help. If you do receive a separation agreement as part of a layoff or just as part of your term, I highly recommend you talk to a good employment attorney. And if you are preparing to leave, review all of the documentation you have signed, because it may include things like noncompetes or non-solicits that may impact your ability to find a new job. If you find a noncompete would interfere with your next planned move, talk to an experienced employment lawyer about your options.

And as you prepare to pack your boxes, I recommend you refrain from clever f-you send offs. Sure, having the first letter of every word in a paragraph spell something witty is cute. But you are rarely the only one miserable at a job, and your colleagues will remember if you add to their misery. No matter what your industry, as your expertise increases, your world grows smaller. Instead, you should treat the remaining employees, and even that boss you hate, how you want to be treated. If you have nothing good to say, say nothing at all. Move on gracefully, and plan for your move as far in advance as possible.

beth-robinsonBeth Robinson lives in Denver and is a business law attorney and employment law guru. She practices at Fortis Law Partners. You can reach her at employmentlawgurubr@gmail.com and follow her on Twitter at @HLSinDenver.

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