What to Do After a Layoff!

November 9, 2022March 1, 2024 / Adam Smith / Leave a comment

So it finally happened – You’ve been laid off from work! Maybe you saw it coming, maybe you didn’t. The first day after a layoff is crucial. You may feel exhausted or depressed. That’s completely valid. However, it’s time to get moving!

Did you know you can appeal a Separation Agreement WITHOUT paying a lawyer?

I’ll explain how later in the article.

By the way: Now that you’re job searching, why not check out some unconventional tips in our article, “How to Maximize Your Job Search“?

DISCLAIMER: This is not intended to be legal advice. I am not an attorney. Use at your own risk. Opinions expressed herein do not represent those of my employer or any associated groups.

Review Your Separation Agreement

For now, don’t panic! The first thing you want to do is review the Separation Agreement / Severance Package that HR sent you. Make a note of any lines that sound sketchy or wrong. Browse the lines for a deadline date to respond to the agreement.

File for Unemployment

After this, get on the phone with unemployment. Let them know that you just lost your job, and that you intend to file for unemployment. Calling right away will ensure you don’t lose money by filing late. The agent may ask if you are receiving severance pay or vacation/holiday pay. It’s important to be honest about this, as not to delay your unemployment package. Once you file in most states, you’ll have to take one unpaid waiting week before receiving benefits.

Don’t stop there! Contact your local aid office to ask about low-cost health care and food stamps. You may be eligible, based on your compensation package and savings. EBT / Food stamps have an unnecessary stigma around them. They can save you a lot of money on groceries.

Lastly, review your Separation Agreement to ensure it states your reason for termination as a layoff or reduction in staff. If it does not, your unemployment might be contested. In the latter case, you’ll want to ask the employer to change that reason, and if they push back, hire a lawyer.

Lawyer talking on phone, discussing layoff and severance package — Photo by Pavel Danilyuk on Pexels.com

Call Separation Lawyers for a Free Consult

Why would you sign on a lawyer if they’re so expensive? You don’t need to. However, lawyers have plenty of valuable advice to give. Visit your state’s Bar Association website, where you can search for a lawyer specializing in Employment Law.

Once you’ve found a lawyer, call their number and ask if they do free consultations. Once you find one who agrees to, set up a 15 minute consultation.

In that consultation, give what you feel are TOO MANY details. The object of this is for the lawyer to answer many of your questions before you commit to signing them on. Be sure to let them know it’s layoff. You’d be surprised how much relevant advice they’ll give you if you provide enough information. If you decide to sign them on later, you’ll already have a good sample of what they can do.

Health insurance after layoff — Photo by Leeloo Thefirst on Pexels.com

Look into Health Insurance Options

Health insurance is the most obnoxious thing about layoffs. From day 1 of the layoff, you want to get all of your medical, optical and dental appointments set to times/dates before the insurance expires. After the cutoff date, you will no longer be able to use your health insurance. However, you’ll usually be offered to extend your coverage (COBRA) after your employment, but the employer doesn’t pay their portion, ultimately making it quite expensive for you.

The good news is, there are now some affordable services out there for those without insurance. For medical, check out a free clinic in your town. For dental, there are monthly membership services out there like Alligator Dental that give sizable discounts on dental care. Here are some great options via U.S. local health departments, Medicare/Medicaid and dental schools. Lastly, EyeCare America offers no-cost eye exams.

Don’t Lose Money! Check your 401K / Retirement Plan!

Do you have a balance lower than $5000 in your retirement plan? You may be subject to an automatic cash-out. This is not a joke, especially with recessionary economic conditions. As surreal as it sounds, many employers have this baked into their agreements. The minimum balance varies by company, so check your Employment Agreement. If you can’t find it there, email your HR directly and ask.

Call your 401K provider and ask what your options are. If your balance exceeds the minimum, you may be fine. If not, you may be able to put your remaining balance into a rollover account at another existing investment company you work with.

Severance package, the layoff payoff — Photo by Pixabay on Pexels.com

Draft Response Email to Separation Agreement

Have you spoken to a lawyer? Great! If you have a basic Separation Agreement, you probably don’t need to retain them. Writing an appeal to your HR representative is easier than it sounds. What’s important is that you know what you can ask for.

Here’s a list of common pushbacks on severance packages:

Push back deadline date
Increased compensation
Pay out vacation / holiday pay
Extended health coverage
Outplacement services
Good reference or neutral reference

If you aren’t sure how to structure the email, here’s a good template.

Sample email response template:

“Hello YOUR HR PERSON’S NAME,

After having spoken with an attorney, I would like to appeal my Separation Agreement and General Release (the “Agreement”), following my termination from YOUR COMPANY on DATE/MONTH/YEAR.

My reasons and grievances for appealing the termination are as follows:

1. ____________________________________________ State your reasons and grievances.

I would like to request the following amendments to the Agreement prior to signing, which I find to be reasonable requests:

1. Inclusion of extension of Agreement deadline date to DATE/MONTH/YEAR.

2. Inclusion of a copy of any supporting documents or written notice of performance provided to my personal email (YOUREMAIL@YOUREMAILPROVIDER.COM).

3. Inclusion of an increase to ____ additional weeks severance pay, paid in a total lump sum, written into the Agreement.

4. Inclusion of employer payment of COBRA medical, dental and vision coverage until DATE/MONTH/YEAR. If this is not possible, I am requesting that my termination date to be officially pushed back (unpaid leave of absence) to DATE/MONTH/YEAR and my medical, dental and vision insurance employer portion to be paid until that date.

5. Inclusion of clause stating that YOUR COMPANY will provide an outplacement assistance service to me, YOUR FIRST AND LAST NAME, of my choosing, written into the Agreement.

6. Inclusion of a “neutral reference check” clause in the Agreement.

May I also please ask how I would go about obtaining a copy of my Personnel File and Departmental File?

Please let me know if all of the above requests can be satisfied, and confirm receipt.

Please respond with an updated Agreement by DATE/MONTH/YEAR, at TIME AND TIME ZONE latest.

I look forward to an amicable resolution.

Thank you.

YOUR FIRST AND LAST NAME

Employer Pushes Back? Hire a Lawyer.

If the employer pushes back, your only real option is to hire a lawyer.

That’s okay! Shop around for a lawyer, such as on your state Bar Association’s website.

A layoff can be tough, but doesn’t have to be!

You’ve got this. Wishing you great luck in your job search (or entrepreneurial venture).

How to Maximize your Job Search

March 30, 2022April 20, 2024 / Adam Smith / 6 Comments

DISCLAIMER: This article represents my personal views and not those of my employer or any affiliated organizations.

The job search market is more competitive than ever.

You must perform due diligence to work with the top companies and get a good deal for yourself.

Traditional job searching is not going to benefit you.

Traditional searching moves at a snail’s pace, your resume goes into a black hole, and that lessens your likelihood of attaining the job you want in a timely manner.

To get the job you want, you have to use unconventional tactics, and augment your search with external recruiters.

Your Job Search is like a Sales Cycle!

Even if you haven’t worked in sales, you will find that a job search has many similarities. The difference is that you’re not selling a product, you’re selling YOU.

What are the similarities?

– Your company / role wishlist is like a prospect list

– LinkedIn connections are your sales outreach

– Your resume is your sales presentation

– Working with recruiters is partnership building and scaling, which helps with efficiency

– Signing your offer letter is a business contract

– Negotiate your severance

– Grill your hiring manager for red flags

– Maximize your benefits

If you’re a new grad, you may also find my article, “New Graduates: How to Get a Job Post-Crisis” helpful.

Let’s move into some tips that will help you through each process stage.

Prospecting

Start by using LinkedIn Search filters.

Think about whether you want On-Site, Remote or Hybrid work.

Select the criteria of where you want to work (if On-Site / Hybrid).

Save potential jobs to LinkedIn Jobs page.

Unsave jobs which you’ve already applied to.

Outreach

Create a script for recruiter/hiring outreach that fits basic LinkedIn connection request size.

Example: “Hi Hiring Manager, I’m Candidate Name. Appreciate your help here: I noticed Role Name opening at Company. With experience in Skill 1, Skill 2 and Skill 3, it looks to be a great fit. Would you be the best point person? Thanks, Candidate Name”

Focus only on people that matter – Hiring managers in your discipline, internal recruiters and HR.

Go down your prospect list and customize the script when reaching out.

Reach out to everybody that fits the above job titles.

Once that’s complete, move on to the next role/company.

Do NOT fill out Applicant Tracking Systems (i.e. Greenhouse, Lever, etc.) until you READ BELOW.

Applications / Applicant Tracking Systems

Only use ATSes after you’ve reached out to people at the company on LinkedIn.

If the ATS asks you to re-enter resume information you’ve already uploaded, quit the ATS.

The purpose of filling out the ATS is to contact a recruiter to tell them you applied.

If you cannot find a contact at the company, and you MUST use an ATS, follow these best practices!

Revise a new resume each time you submit to an ATS.

Add as many keywords/skills from the job descriptions as you relevantly can, WORD for WORD. ATSes are simply search crawlers that match resume keywords to job descriptions.

Working with Recruiters

Search for “staffing” or “recruiting” in your discipline / industry.

Reach as many external recruiters as possible.

You can also reach external recruiters by asking friends or internal recruiters who’ve rejected you.

Lead by asking if the recruiter has an exclusive relationship with their client.

If they do not, politely decline.

Give the recruiter your highest salary expectation, they get paid more for higher negotiations.

Interviewing

Research interviewer’s profile before you speak with them.

Pay attention to details about mutual connections, organizations, interests, hobbies, and location/hometown.

Interviewing is 50% not about your skills, but about your likability and shared connections.

Try to use the “business sandwich” model: Open with small talk. Discuss the business at hand. Close with small talk.

It’s important to keep a balance between how much each person is talking.

If the interviewer is making you talk too much, pass the ball back into their court during questions.

If you feel the interviewer is talking too much themselves, interject with some questions.

REMEMBER: It’s OKAY to write a follow-up email elaborating on your conversation! Given that an interview is only 30 minutes to an hour, you may think of things you didn’t remember.

Post-Offer

Got an offer? Congratulations!

You will first get a verbal offer. Wait until HR sends the paper offer letter.

You’ll have about a week to sign the offer letter, but can ask for slightly more time.

This is NOT the end of the process, though most people think it is.

Now the negotiating power is in your hands.

Negotiation

By receiving an offer letter, you now know you are the company’s final candidate choice.

What do you think of the offer letter? Is the compensation right? Bonus? Stock? Benefits? PTO?

These items are all still negotiable, but you’ll have to do it gently.

You do not want to leave money on the table.

Did you know you could pre-negotiate your severance? (some companies will not do this)

The HR team will likely ask why you’re requesting pre-negotiated severance. Explain that even the best companies have layoffs, and this helps provide a sense of security.

After negotiating your terms, HR will send over a revised offer letter.

Way to go! You’ve negotiated an offer letter that both you and the company is pleased with!

Do You REALLY Miss Your Commute?

April 1, 2021October 16, 2022 / Adam Smith / 2 Comments

Before the crisis, I had a daily commute to Times Square. It was an improvement on previous years, when I’d travel from Brooklyn to “the city” proper. I was now living in the Financial District at the south end of Manhattan. My alarm would go off at 7 AM. I’d sometimes get a chance to go on a ultra-quick jog, before my shower (7:30). After showering, I’d throw on my clothes, scarf down a yogurt and a cup of coffee (8:00).

I’d then speed walk the 20 minutes to the subway train (8:20). Once on the train, I’d hopefully make it to my stop in 30 minutes (8:50). Some days, the train would be delayed for up to an hour. (9:50). Either way, I’d be speed-walking through the Times Square crowds, getting into the office out of breath with scrambled thoughts.

This would be similar for someone who commuted by car (which I once did). The difference is that they’d be worried about wrecking their vehicle in a fender bender, versus avoiding characters and bodily injury.

Do People Actually Want to Go Back to the Office?

There have been a lot of articles recently reminiscing about the commute. The status quo says “people miss the office environment”, but data often points to the opposite, that “workers prefer a hybrid office model”.

Research has also shown that workers are more productive when working remotely, with most managers agreeing to the same.

Many companies that flirted with the idea of long-term remote work are now calling employees back. Some have slated a return to office as early as this summer.

Another frequent nod, “With remote work, there is no separation between work and home life”. Why do we feel we need to be forced to commute, vs. making that time for ourselves?

Take a Break from your Devices

When you worked in the office, how long did you stare at your computer screen before taking a break? Probably 30 minutes. You walked over to a coworker to ask a question, or stopped by the kitchen to grab a snack.

Why is working at home any different?

An estimated 58% of people who work on computers experience “Computer Vision Syndrome”. The symptoms include eye strain, blurred vision, headaches, neck and back pain.

Lucky for you, there’s ways to mitigate this. Like me, you could purchase prescription (or non-prescription) blue light glasses. If you work on a Macbook Pro, there is a feature called Night Shift. It’s quite easy. You can also set when it turns on, “Sunset to Sunrise”, turn it on manually, and select the color temperature.

Just click on the Apple Icon > System Preferences > Displays > Night Shift

Time Management

With no commutes, there has been a time shift. Some people do not realize this.

If you’re working in a different time zone (Pacific, for example), you’re starting your work day 3 hours earlier than the East Coast.

Let’s say you start your work day at 8 AM PST, that’s 11 AM EST.

If you end your work day at 2 PM PST, that’s 5 PM EST.

However, you have only worked for 6 hours, not a full 8 hour day.

Instead of going to run errands, why not power it out and finish your day at 4 PM PST?

Commutes are Bad for the Environment (Poor Health, Wasted Gas & Electricity, Pollution)

This may seem obvious, but commutes by vehicle or train are extremely harmful to the environment.

Studies show that the average drive to work adds 4.3 metric tons of carbon to the atmosphere a year, per car.

People with longer commutes tend to be less physically active. They also have higher rates of obesity and high blood pressure.

I was personally gobsmacked, when the MTA announced they’d be bleaching subway trains every night at the dawn of the virus.

How often was it cleaned before then? What kind of microscopic virii were floating around the subway car?

These are a few (of many) risks that workers will face in the return to the office.

Mother working from home Photo by Ketut Subiyanto on Pexels.com

The Importance of Setting Boundaries at Home

If you co-habit with a family, significant other, or roommate, working from home can be a strain. It does not have to be, as long as you keep distance between yourself and your “boarding mates”.

Being a parent is a whole other ball game. However, balancing structure and play for your kids is a good idea. If you’re driving eachother nuts, go outside for a bit, or recommend they go outside to play.

Many people have a “home office” room where they lock themselves away, and yet their kids or dogs still find a way into their lap. What if you actually created your working space outside? During warmer months, you could work from the garage or even the garden shed if you wanted to.

If you work from a laptop, creating a mobile workspace is also an idea. Move around the house. I’ve used any variety of surfaces as a desk – The kitchen table, a recliner, the garden table, even wide window ledges (as a standing desk).

As the crisis comes to an end, it’s more likely that you’ll work out of a coffee shop or a co-working space within your own neighborhood.

Recommended for Remote Work:

Woman facing a speeding subway train commute Photo by Fabrizio Verrecchia on Pexels.com

So do you see? It’s not so bad.

There will be a need for companies to subsidize remote working office setups. It pays for itself as those workers may not be using office resources (office equipment, printers, snacks, etc.). There are even companies dedicated to working from home, like WFH Zone UK.

Much of the workforce has now had a taste of remote working. The likelihood they’ll want to go back to an outdated, 20th century office is highly unlikely.

Since you’ve made it this far –

Why not sign up to the Origin Story mailing list or more helpful professional tips?

Military Veterans. Part 2.

September 20, 2020January 22, 2024 / Adam Smith / Leave a comment

My second session with military veterans Nyles Thorne and Don Valdez, we talk about transitioning to civilian life, professional challenges, and lessons learned.

A few insights to apply:
– Take yourself out of your first world-centric mindset. Don’t be entitled. Develop patience.
– There’s different type of characters on a team. Learn to work with and develop empathy for different personalities, passive or assertive.
– Wake up early. Get stuff done sooner than others. Set yourself up for success.
– Manage up, manage down. Take full ownership.
– The military talks about micromanagement too. Decentralized command just works better.

WATCH TO LEARN MORE BELOW!

While you’re at it –

Sign up to the Origin Story mailing list or more helpful professional tips!

Military Veterans. Part 1.