King County Bar Bulletin January 2004
When You Fear Your Job Is In Jeopardy
- I am going into my fifth year as an associate at a large firm. As the new year dawns, I am dreading the annual associate review process. My first three reviews were very positive, but last year my review was not glowing. No one suggested at that time that I look for another position, but I am concerned about my future with this firm. What should I do?
- At this point you have a choice. Do you want to look for a new opportunity now before you are asked to leave, or do you want to force the issue and wait for someone to tell you that you need to start looking? Most, but not all, associates in this situation would choose to start looking immediately. Then if you are fortunate enough to land a new position, you may be able to avoid the awkward meeting in which you are told, “Things aren’t working out, and we think it would be best if you started looking. . . . .”
On the other hand, if you choose to stay, or are unable to find a suitable position quickly enough, you may qualify for severance benefits that you would not receive if you left quietly. The most significant severance benefits are usually severance pay (lump sum or monthly) and outplacement counseling (assistance in exploring your career options). Other benefits that some firms and companies provide include: vacation pay, bonuses, life insurance, 401(k), retirement/pension, and COBRA payments. You will want to familiarize yourself with your firm’s associate handbook to determine what benefits might be available to you in the event you are asked to leave.
Whatever you decide, it is important that you not allow your work to slip while you sort out your career direction. On a practical level, you will in all likelihood need references from the partners at your current firm to land a new position. More importantly, you have an ethical obligation to your clients. If you are unable to provide quality and timely service, you should arrange for matters to be transferred to other attorneys in the firm.
Assuming that you don’t beat them to the punch, be prepared for a meeting in which you are told that you need to look for a new position. Even though you may have been “anticipating” this termination meeting, you can never really be prepared to receive the news. Do your best to remain calm. And ask lots of questions. What severance benefits will the firm provide? Will you be given good references? By whom? Will they write letters of recommendation? You will probably not be thinking clearly enough to ask all the important questions during this meeting. There will be opportunities to ask additional questions later. You may be presented with a severance agreement and asked to sign before being entitled to any severance benefits. Although most larger firms have policy guidelines, there is generally some room for negotiation.
One question you may or may not want to ask is, “When do I need to leave?” If you ask, you start the clock running. On the other hand, the clock may already be ticking, and you may not know it. If there is a date certain, it is more difficult to take the position that you resigned voluntarily. This issue should be addressed in the severance agreement. Being able to resign can have important ramifications for your future employment. Potential employers will want to know why you are leaving. You need to be honest, but you can put the situation in a favorable light as long as you know what your references will say about your departure. Another reason to resign voluntarily is that some application forms (including most of those for the federal government) ask whether you have ever been terminated or asked to leave. If there is any concern about how this question should be answered, talk to your references and ask them. Finally, the availability of unemployment may depend upon the reasons for your departure. Just make sure you have considered all of these issues before you sign a severance agreement.
After your notification meeting, you will probably feel angry and resentful. This is a perfectly normal reaction. Don’t lash out or take any irrational steps. Talk to a close personal friend in whom you can confide. But avoid the temptation to call everyone you know to unload your frustrations. Many of your contacts will be invaluable resources once you begin your career search, and you don’t want to talk to them until you are calm and focused.
Because your future feels uncertain (and for the moment it is), you should also take some time to assess your financial situation. Look at your resources and your liabilities. Consider ways to reduce your expenses so that you could weather a gap in income, if that is necessary.
If the emotional impact of being let go is too great, check the health care benefits under your firm’s policy. Most plans include some coverage for psychological counseling. This may be a time to seek professional help, if it feels overwhelming. A good book that may help you gain perspective is When Smart People Fail, Rebuilding Yourself for Successby Carol Hyatt and Linda Gottlieb (Penguin Books).
Understandably, you feel more than a little anxious about your future. Be assured that many successful attorneys have had similar experiences. They have gone on to new opportunities, and you can, too!
See helpful articles: “Being Told: Things Aren’t Working Out.”