Beware of Lies About Misconduct When Negotiating Severance

Too frequently businesses that lay off an employee allege misconduct to avoid paying a large severance package—and sometimes any severance at all. It’s a tactic that’s very difficult for employees to fight, especially in the United States. Employment attorney Daniel Lublin discusses the tactic in “The dangers of alleging and exaggerating employee misconduct”in the Globe and Mail.

I urge everyone who feels that they are falling into this trap to keep a record of objectives met and all discussions with superiors. Some of these discussions should be initiated by the employee, reviewing performance goals, asking for clarification where there is subjectivity or ambiguity. However, in the case of the 60-year-old employee mentioned in this article, this appears to have been a case of ageism. Special vigilance may be called for if you feel you are being targeted due to age, race, gender, disability or sexual orientation.