I came to know from a friend that he was recently laid off and he filed a wrongfully dismissed case again Opentext.
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https://www.linkedin.com/posts/katherinekleyman_employmentlaw-severancenegotiation-californialaw-activity-7348020556132216833-ytUc?utm_source=share&utm_medium=member_ios&rcm=ACoAAABhB4MBcBHRibYSCOVJE9N6rfUeHc5O6F8
Employment Attorney, Katherine Kleyman sat with a VP who was fired after 12 years. During his exit interview, he made one offhand comment that cost him $50,000 in severance.
He thought it was just a final conversation.
It wasn’t.
The exit interview isn’t about your closure. It’s about protecting the company from liability.
Here’s what she tell her clients to do before walking into the most dangerous conversation of their career:
𝗕𝗲𝗳𝗼𝗿𝗲 𝘁𝗵𝗲 𝗺𝗲𝗲𝘁𝗶𝗻𝗴:
• Prepare emotionally. This is a business transaction, not a therapy session
• Review your severance package ahead of time
• Know exactly what you’re legally entitled to, including wages, bonuses, PTO, commissions, stock, COBRA, and any vested benefits
• Understand the release of claims and non-disparagement language
• Speak to an attorney if the offer includes complex terms or exceeds $10,000
𝗗𝘂𝗿𝗶𝗻𝗴 𝘁𝗵𝗲 𝗰𝗼𝗻𝘃𝗲𝗿𝘀𝗮𝘁𝗶𝗼𝗻:
• Say as little as possible. Be polite, but don’t overshare
• Never admit to performance issues or say you were “struggling”
• Don’t sign anything during the meeting
• If you’re caught off guard, say: “I need time to review this”
• Take notes about who was present and what was said
𝗪𝗵𝗮𝘁 𝗲𝗺𝗽𝗹𝗼𝘆𝗲𝗿𝘀 𝗮𝗿𝗲 𝗿𝗲𝗮𝗹𝗹𝘆 𝗹𝗼𝗼𝗸𝗶𝗻𝗴 𝗳𝗼𝗿:
• Statements they can use to defend against wrongful termination claims
• Emotional outbursts that make you look unstable or reactive
• Comments that undermine your legal leverage
• Language they can spin to suggest cause for termination
• A signed agreement they can label “knowing and voluntary”
That VP I mentioned?
He casually said, “I was struggling with the new system.”
That one sentence gave the company enough cover to reclassify his termination as performance-based, not part of the layoff.
His severance? Gone.
Exit interviews are not neutral…they are designed to protect the company, not you.
Your best strategy is simple: say less, sign nothing, and get legal eyes on the agreement.
If they press you to talk, ask them to put their questions in writing.
Follow for more workplace protection strategies from a former corporate insider who now fights for employees.
#employmentlaw #severancenegotiation #californialaw #newyorklaw #humanresources
Disclaimer: This content is for educational purposes only and does not create an attorney-client relationship.
@a9 You do know the name of the site you are commenting on, right. L A Y O F F.
They must be in Europe or some non-USA country because that would be a huge waste of time in the USA to seek legal action. They can "can" you for any reason at any time.
@ag Don't you mean sue? I'm not sure how you sew excr-ment like you might sew MB a new pair of enormous pants.
English as a second language can be tough, I'm sure...
The point is sew the cr-p out of the company joff
And..? What's the point of this?
Every director and above who is WFRd hires an attorney and they always settle for a lump sum payout well beyond what is offered. I have seen a few actually go through the process right up to an actual court hearing and then OT settles. You have to simply not sign your severance agreement and wait for the process which can take a year plus.