Layoffs: How to conduct one, and how to recover from one

This article first appeared over at affiliates website Techfocus.org

By: Diet Coke

Most people in today's workforce understand that layoffs and terminations are relatively commonplace, and it's nearly unheard of anymore to work in the same job for your entire career. However, the way that terminations are conducted can vary widely - some give people a few weeks notice, some are immediate, followed by a boss screaming at you all the way out to your car. In the tech sector though, there are newer and arguably more harsh ways of conducting layoffs. One thing that is clear: a well thought-out strategy for terminations is critical for both the terminated employee, and for the employer.

I've been involved in one particular layoff where I was on the receiving end at a well-known anti-virus company. I was working with a customer when the HR troll (otherwise known as the boss) came into my cube and motioned that she wanted to see me for a minute. I finished off the call and met her in a conference room. I was pretty naive at the time, and didn't suspect anything was going on. Upon sitting down, she laid it out - I was getting laid off along with about 50 others. No benefits, no severance. Next to the door was a cardboard box, she motioned to it and then walked with me back to my desk. I shoved everything in the box and was then escorted out of the building.

While that termination method is not the worst, it's by no means the best. It's embarrassing, discouraging, and it has a tendency to really irritate the person getting fired. However, several years have passed and while I am still a bit po'ed about it, it's not the end of the world if you're a tech worker - after all, if a company treats you like that upon letting you go, you can bet they're not going to treat you very well while you are employed there anyway.

Other companies do it differently. Countless dotcom workers have come to work to find that their security badge no longer works, and they are notified by a piece of paper on the door that they no longer have a job, and that to get their money they must file a claim with the court system. This is potentially even worse, as the employee's belongings are generally still inside, and they generally find some value in things they bring to work for reminders (pictures, toys, books, financial docs.) I've seen employees here who have had their badges expire nearly lose it, thinking that the company has locked them out.

Potentially the worst way of learning you are getting fired is by visiting one of the vulture-like websites such as f*ckedcompany.com, and learning that the "special employee meeting" at 2pm is actually a termination meeting. These meetings are generally the most amusing from a tech worker's point of view, as fired employees that catch wind of the impending layoffs generally make off with as much as they can, and they generally get a few jabs in at the secret meeting. This is generally considered to be a very volatile way of terminating employees, and generally should be avoided.

So what can an employer do to ease an employee through a termination without opening themselves to a ton of legal or physical risk? According to the law firm of Warner, Norcross, and Judd one key point is to develop an exit strategy:

"Sun Tzu, in The Art of War cautioned his captains to always leave their enemies a bridge of escape. When pressed against a river, a defeated enemy must choose between fighting and drowning. By providing a bridge of escape, the battle can be won with minimal casualties."

Whenever possible, a company will do best to allow the termination-due employee some leadway. If the termination is immediate, consider offering severance in exchange for a waiver of claims from the employee. This generally would apply to a longer-term worker. One way or the other, an employer should seek legal advice when writing up an such a waiver.

If you are an employer, here is one particular link that gives some examples of what not to do. It takes care and some humanity to sever any sort of contract, whether social or economic; the examples within this link are steps not to take.

If you are an employee, losing a job can be very traumatic. Here are some things to keep in mind when you have lost a job, as written by Cindy Marczynski, WSU Pullman Employee Assistance Program Counselor in a document entitled "Hints for Coping With Layoffs:"

Acknowledge the feelings of shock, anger, and grief

Find something positive

Take careful stock of your finances

Put things into perspective.

Don't burn your bridges

Stay informed

Remember you are more than your job.

While I know all-too-well the pain, anguish and self-doubt you can get when being laid off, keep in mind that while a layoff isn't good in the short-term, it's impossible to say where you will be in five years, or even one year. A year and a half ago I wouldn't even be able to contemplate being in the situation I'm in now - and if I had stayed at the company I was laid off from I might never have come to Silicon Valley... every negative has a positive, even if it's hard to see it.

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