You may have worked for your company for several years or maybe you were “last hired, first fired.” Whatever your situation, after a layoff most companies will provide a severance package.
Your company’s attorney may tell you they’ve done everything consistently, treating all employees equally. HR consultant Eve Framinan recommends asking questions about how your severance was determined and what “objective criteria” was used to make the package fair.
Most employers will require you to sign “a complete release of claims against that company,” says HR expert Lily Garcia, who is also a lawyer. Basically, what your employer wants from you is legally binding insurance that you are not going to sue them for any reason. In exchange, they are willing to offer you a set amount of money, typically calculated in weeks of pay and based on company seniority.
But before you sign on the dotted line, this is the time to ask for what you need from your employer. Keep in mind that with the current state of the economy, many companies may not be able to take negotiations too far. Don’t be aggressive; you can take a casual approach by empathizing with your employer while still putting your needs first. Some points to ponder:
- If you’re full time, ask if your company would be willing to keep you on a part-time basis.
- Ask about your health benefits, and how long they will continue. Find out if you’re eligible for COBRA (Consolidated Omnibus Budget Reconciliation Act), a health benefit provision that provides continuation of group health coverage that otherwise might be terminated.
- Ask about your retirement account or pension. Can you access those if you need them?
- Do you have any unused vacation days? Find out if you’ll be compensated for them.
- Did you sign a non-compete clause preventing you from working for a competitor company? In most cases if the competing company really wants you, they will pay a fee to have you released from this clause.
- Find out if your company offers outplacement services.
- Ask for a reference letter, which can help you later in your job search.
- Ask for more informal items, too, like extended use of a your work laptop or access to a company car.
There is nothing standard about a severance package. It all depends on your unique situation and how fair you think the severance offer is. You need to be aware of what’s available to you, so don’t be afraid to speak up.
“It’s reasonable for an employee to ask, ‘How did you select the people that are being laid off? What is the basis for my notice period?’ ” says Framinan.
You may not feel the need to negotiate. Or, if you think you have some leverage or potential claims, it’s always best to get legal counsel, Garcia advises. If you do decide to consult a lawyer, be sure that there is a valid reason and that it’s not because you want to get back at your company. Moving on might just be the smartest thing to do.
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3. Create a Support Team
Don’t try to go it alone. Seeking help after a layoff, whether it comes from family and friends, former co-workers or a professional counselor, is an important part of the healing process. Learn to be your best pillar of support.
At first, you may feel ashamed or afraid to share the news about being laid off. You may not want to tell your family, for fear of how they might react to the news.
“It is important to be openly communicative and try not to hide things and keep secrets,” says Dr. Lynn Joseph, author of “The Job-Loss Recovery Guide.” She says it’s important that you deal with the stress and anxiety of a layoff, which can lead to depression.
“You will all fair better throughout this process if you pool your resources,” she says.
After telling family, you need to start reaching out to friends and colleagues. You may find it somewhat embarrassing, but it’s very important to identify who you can lean on during this critical time. Create a two-minute “elevator speech” about what happened to you. You don’t owe them an elaborate explanation.
“I think it is important to recognize that the people who love you are going to love you whether you are laid off or not. Be honest,” advises Dr. Robert Leahy, a psychologist who practices cognitive therapy.
Schedule a weekly family meeting if necessary, where you can talk openly. Meet friends over coffee or lunch and ask them for advice. If you know of others in your field who have been laid off, get together with them and share ideas and future opportunities.
Even with your own support team, you may feel the need for additional help. Consider working with a career counselor who is trained to assist downsized employees.
As you build your external support system, you should also be mindful of your feelings. Joseph suggests journaling as a way to move along the healing process. She recommends sitting down for 20 minutes every day to write about your job loss, letting your feelings pour out on the page.
“When you start writing, and noticing what you are writing, you move through that first phase of shock and anger and then you begin to re-frame and have insight on the whole process and yourself. You begin to see the positive aspects and the opportunities that may be available to you,” she says.
Joseph also recommends a therapy known as “Future Self,” which can be thought of as a directed daydream. It involves imagining yourself in your new job, having everything you want. She recommends taking five minutes each day to go through this mental exercise.
“You will automatically feel much better,” she says.
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4. File for Unemployment Benefits
If you’ve been laid off, you should file for unemployment insurance as soon as possible. The sooner you file, the sooner you can be deemed eligible, and the sooner you can start receiving funds.
Even if you received a substantial severance package, you should still file for unemployment compensation (also known as UI).
“The unemployment agency will verify with your employer the reason for you losing your job. Sometimes unemployment is part of the negotiation severance package, where the employer states that they will not interfere with that claim,” explains HR expert Lily Garcia.
You’ll need to explain clearly that you were laid off. The examiner assigned to your claim should not get the sense that the job loss was your fault, in which case you would not be eligible for compensation. So be very careful how you document your job loss.
You can file for unemployment by phone or online. Keep in mind that your claim could take weeks to process. Here are a few tips:
- Be sure to file in the state where you were working. Contact the unemployment office for details.
- You will need to disclose basic identification information, such as your Social Security number, mailing address and details of your past employers.
- Rules vary by state, but to qualify for unemployment benefits, you must meet state requirements based on how long you had been working and how much money you earned. You must be available to work.
- Be prepared: In most states, benefits can be paid for a maximum of 26 weeks.
- You don’t have to pay back UI benefits once you get a job, but they are subject to federal income taxes and must be reported on your tax return. However, under the new American Recovery and Reinvestment Act, the first $2,500 received will not be subject to federal income taxes in 2009.
- There is no fee to file a claim for unemployment benefits.
Be sure to stay on top of your claim. Don’t ignore any notices that you may receive from the unemployment office. If you plan on receiving unemployment benefits for a while, be prepared to report regularly on your job search. After all, they expect you to be actively looking for work while you are receiving benefits.
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5. Take Stock of Your Finances
Maintaining a budget can be challenging when you’re gainfully employed, but if you’ve been laid off, it’s a must. Now’s the time to take a realistic look at your money.
After negotiating your severance package, the next step is to review your cash reserves and expenses to determine how long they’ll last. Then start budgeting.
Michelle Singletary, Washington Post personal finance columnist, recommends finding “a quiet time… just give yourself a day and then pull out everything, your checkbooks, your credit card statements, your loan documents, your mortgage, your rent. Plot everything.”
Once you know what you need to pay up, review your checking and saving accounts, CDs, stocks, bonds and mutual funds.
Analyze future expenses as “need to haves” vs. “have to haves,” says Tracey Baker, vice president of CJM Wealth Advisors in Fairfax, Va.
You may find after budgeting that you have enough money saved to carry you through until you find employment. If not, you may need to access accounts that will cost you money to access, such as your 401(k).
But experts agree that you should stay away from those accounts if you can, unless you’re in dire straits and don’t have food on the table. Tapping into your retirement savings alone would cost you a 10 percent penalty over and above paying income tax on those funds.
Baker also advises against deferring regular bill payments such as your rent or mortgage, utilities or taxes as you budget your expenses. If you simply cannot pay your bills, call your creditors and see if you can buy some time.
“It does you no good to damage your credit score, which makes it much more expensive to get a loan when you need money in the future,” she says.
Singletary advises against using credit cards to pay off debt.
“Find another job — at a gas station, a motel, McDonald’s, anything. But don’t look at credit as an emergency amount of money, because it’s not. It’s debt.” Singletary says she thinks it’s immoral to use credit cards when you don’t know how you’ll pay them back.
While experts agree that the fastest way to make cash in this situation is to find another job, also consider cutting back on cable TV, dining out, entertainment and other unnecessary items. The sacrifice will be worth your peace of mind.
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