Being Fired, What Do I Do Now?

Getting fired is a gut-punch that could leave both parties unsettled, if not, handled in a professional way. But the party more at loss is the employee, who is filled with a sudden sense of emotional trauma while he packs up his belongings and departs with despair in his search for a new job and with the fear of whether to hide the fact that he was “Fired”.

I have jotted some of the reasons where your employer can say “You are Fired”, If you know more reason please write that in the comment section.

1. Damaging, misuse or personal use of company property: Intentional or not, this is an offence that will not be taken lightly.
2. Company Records: Falsifying records, a type of white-collar crime that can disrupt the functioning or outlook of a company.
3. Drugs and Alcohol: Most companies drink together off working hours but while on duty possession of illegal drugs or intoxication can be a deterrent to the functioning of the employee and work ethics of the company.
4. Misconduct: Unethical conduct such as espionage or fraud, bullying, sexual harassment or criminal misbehavior are irrevocable offences. 
5. Leave: We often have the feeling of chains holding us down from going to work after a party night or just plain Monday blues. But, faking our sick leave more than the company policy will lead to the dire consequence of getting us fired. The same goes for ditching your company on several occasions for a vacation during the busiest business season leaving a bad impression about your dedication to the well-being of the business.
6. Poor performance: An unmotivated worker or an incompetent worker can result in poor performance. While incompetency can be rectified through training an unmotivated employee can be a product of lack of interpersonal connection with the manager or work ethics. Such an issue would see a worker a cultural misfit.
7. Insubordination: Differences in opinion or ego clashes, resulting, in more confusion rather than a compromise across the vertical hierarchy is unacceptable from the person having the least contribution.
8. Violation of company policy: The terms and conditions signed by the employee is a mutual agreement that all company policies will be followed, failure to do so, leads to termination. This leads us to the biggest mistake an employee can make I.e. not reading the “terms and conditions” and going by a third party to establish your rights within the company, as most of us are ready to jump at the opportunity of a job offer. But not doing so can lead you into murky waters.

“Job offer letters are tricky and should be read carefully. Sometimes information about title, compensation or duties will not make its way into the letter accurately — usually inadvertently.” - Bryan Wood

Points to remember while signing terms and condition written in the offer letter

1. Job roles and responsibility: Knowing your title (cross-checked) and scope of your work avoids unwanted overload of work from your counterparts or manager.

2. Dates and time: Your probationary period during which you can be fired for no reason is an important date. Your notice period or tenure should be specified as well. Holidays and sick leave depending on the country and should be defined accordingly

• Entitlement to the number of days for vacation
• Start of holiday year or can holiday be given at the busy time of the year
• Carryover of holidays that haven't been used
• Many countries have a statutory requirement on sick leaves but terms of payment may vary. Working hours is another important clause that determines your work-life balance and overtime payment.

3. Appraisal and salary: Startups don’t normally include appraisals which can keep you in a state of limbo with raise or scope for improvement. This is crucial for the betterment of an employee's skills and the growth of the company simultaneously. It should also include your compensation package and incentives like bonuses, health benefits, and business travel reimbursements.

4. Confidentiality or Non-disclosure agreement: If you’re a person who finds it hard to keep a secret, knowing what cannot be confined and its reprimand should be clear. Nothing better than litigation to instill a stealth approach.

5. Non-solicit agreements: Had a wakeup call to become an entrepreneur. Well, this clause undermines your ability to solicit your previous company’s customers for a period of time. These agreements are limited in India.

6. Non-compete clause: Leaching out employees by a competing company has set the requirement for establishing a time period for an employee to join a company similar in its goals of the current company. Make sure you are not entering into such an agreement without much thought. Under Indian law though, non-compete are non-enforceable.

Most of the employee working aren’t aware of the legality of getting fired, most of the country has enacted the laws in favor of the employee if they are fired unlawfully without giving any prior notice. There are ways through which employer fires his employee and due to employee ignorance employer goes to the safe side, let me mention a few points regarding same

1. Implied contract: The employer failed to abide by its employment practices with respect to its termination protocol, and length of employment. 
2. Violation of public policy: An employee cannot be fired for having jury duty, military service or disagreeing to illegal conduct.
3. Discrimination: Laws prohibit one from overlooked based on race, color or religion. 
4. Arbitration clause: Disagreements between an employee and employer do arise, this clause prevents legal aid and can only be settled by a neutral third party. Be wary of this agreement if it is in your offer letter.
5. Severance package: This is for an employee who has been with the company for at least two years and terminated on basis of redundancy. The package is calculated on basis of performance, salary level and duration of employment.
6. Final pay: Company policies define the day the final paycheck will be handed over by the management along with commissions, unused vacation pay, bonuses, and expenses.
7. Reference letter: Check the statutory laws and employment contract to know your entitlement to a letter of reference stating your duration of employment, position and quality performance if not dismissed on the basis of misconduct of poor performance. This will aid in securing another job.

But sometimes we might feel that we have been wrongfully terminated due to office politics or an unreliable manager or in despair after being terminated. In such a situation remain calm and follow the few simple steps below to avoid creating drama or further damage to your career.

1. Enquire about the reasons for termination, who decided to fire you and a view of your Personnel file.
2. Immediately contact an “employee right’s officer” for advice and assistance on the Terms and conditions.
3. Review unfulfilled promises by your employer.
4. Sometimes you may be offered the option of resignation over being fired, this would be an ideal opportunity for negotiating severance packages.
5. Your healthcare benefits will still be probable until the month’s end, take advantage of the situation for your dental and doctor checkups.
6. The most crucial step is asking the employer to confirm any terms such as final pay, bonuses and other packages for settlement in writing.
7. Do not let yourself be intimidated and confirm all severance and termination agreements in writing.

Now What? Can I get a job after being fired? Lost in the identity trap?

Well, time and again people have proven that failure is the stepping stone to success. Take “termination” as a time for self-reflection and ask yourself, whether you're on the right professional path? 

"Destiny shuffles the cards but we must play the game." - Mel Robbins

What next? After much reflection, you may have realized that your values were not aligned with the company or maybe a wake-up call to choose another career. But both require the same amount of preparation. 

1. Networking: Keep a constant connect via LinkedIn or any form of social media with your former colleagues as these are your contacts who can flesh out a larger picture of your work ethic for your new job.
2. Reference: Although you were fired, thank your boss and accept your mistake. By striking the right note, you will be able to get a recommendation. The same goes with having a professional social circle to assist you along the way.
3. Netflix and chill: This is not the time for sobering down but using this period to advance on your skills and take every challenge as it comes to your advantage. Steve Jobs said that getting kicked out of Apple gave him the opportunity of creating his another company and using his intuition to make a viable product.
4. Second chance: Now that you passed the first hurdle and landed yourself an interview, do not speak ill about your previous company but that “There was a difference in opinion.” or “Different working philosophies.” or " A new manager was brought in and wanted to take the company in a different direction." According to Alan Guinn, managing director of Guinn consultancy group says that difference with your supervisor or inability to deal with them is okay depending on the circumstances but a personal attack on your previous company will not be accepted.

Mindset: Getting fired isn’t the best bullet for your career but it helps you reinvent yourself and realign yourself in the right path.

 Getting fired can be the most mind-altering experience that put you in a state of limbo "Are you good enough?", "Can you put up with the politics again?" or "Will I get another job after what I have done?" Regardless of the path you chose, remember that we are humans and capable of mistakes. Never get lost in the "identity trap" that you are irreplaceable and keep your professional network active. Always prepare for the worst and maintain you calm when you hear the words “Fired”. With a professional approach and your contacts, you are bound to land a job sooner than expected. It is just the push you needed to get to the right place…

“There’s nothing wrong with being fired.” - Ted Turner