1. Discharge as an at-will employee -- Debunking myths about your employment rights -- 2. Strategies to survive a disciplinary action -- Are you really on a termination track? -- How employee discipline works -- How to survive employee discipline -- Top ten rules to survive discipline -- 3. How to diffuse potentially volatile situations -- Strategies for executives -- Strategies for mid-level managers -- Strategies for first-line, nonunion supervisors -- Strategies for commissioned salespersons -- Strategies for nonunion, hourly workers -- Strategies for probationary employees -- Survival tips -- 4. Using HR to survive abuse at work -- Your need to report harassment -- Using good judgment in reporting harassment -- The trick is to change the subject -- Verifying complaints -- Considerations that affect your reporting decision -- Tips for dealing with human resources -- 5. Strategies to preempt or prevent an anticipated termination -- Strategy 1 : preempt it by proposing that you resign -- Strategy 2 : demonstrate submission -- Strategy 3 : enlist third-party assistance -- Strategy 4 : assume a legal posture -- Strategy 5 : engage in a political war --
6. Managing an imminent termination -- Ensure your performance is documented -- Begin a narrative of events -- Make a list of witnesses -- Start networking -- Consider consulting with an attorney -- In the meantime, do your job -- Mend fences -- Be mindful of any upcoming dates -- Watch out for traps -- Review your employer's benefit offerings -- Do not create a sense of impending doom -- Do not argue your case to your co-workers -- Do not ask your boss for reassurance -- Do not give up and stop performing -- Do not engage in desperate defensive measure -- Do not go on vacation -- Do not just quit -- Do not make illegal tape recordings -- Do not access information without authority -- Do not give your employer an excuse -- Do's and don'ts in anticipation of a termination -- 7. Handling the termination itself -- The termination meeting -- Posttermination winding up -- The exit interview -- Your final check and benefits -- Posttermination filings to protect your rights -- The effect of termination on your receipt of benefits -- Termination tips --
8. Immediately after your termination -- Remain calm -- Ask probing questions -- Remove all personal belongings at your earliest opportunity -- Relinquish all keys and ID badges when requested -- Record what was said in the termination meeting -- Request a copy of your personnel file -- Let your family and friends take care of you -- If you need it, seek emotional counseling -- Seek legal advice only from a knowledgeable lawyer -- As soon as you are able, look for other work -- Do not start cutting your own deal -- Do not release your employer without consulting a lawyer -- Do not write a letter of protest to the company -- Do not start writing letters to your congressional delegation -- Do not engage in physical harm -- Do not remove anything that does not belong to you -- Do not refuse to return property belonging to the employer -- Do not immediately file an internal, nonunion grievance -- Do not sign a confession -- Do not try to handle it alone -- Termination tips -- 9. Negotiating a severance agreement -- How to get more severance -- The contents of your severance agreement -- Severance tips list --
10. All about lawyers -- How to find a lawyer -- Engaging your lawyer -- 11. Unlawful terminations -- Public policy wrongful discharge -- Wrongful constructive discharge -- State statutory solutions -- Discrimination laws -- Opposition and retaliation statutes -- Employment contracts -- 12. Other legal claims -- Intentional infliction of severe emotional distress -- Intentional interference with economic relations -- Invasion of privacy -- Defamation -- Misrepresentation -- 13. Termination of special group members -- Termination of union workers -- Termination of government employees -- 14. Evaluating your termination case -- Evaluating whether you have a case -- Evaluating the problem of your case -- Evaluating your case when the employer covers its tracks -- Factors affecting your case -- Other factors that can help -- 15. Mistakes employers make -- Top ten complaints -- 16. Deciding whether to pursue your case -- Your need for litigation -- Your support from others for litigation -- Your health -- The effect on your marketability --
17. What to expect during litigation -- Prefiling stage -- Trial stage -- Appeal stage -- 18. Things you can do to help your lawyer win -- Provide requested information in a timely manner -- Stay in communication with your lawyer -- Treat your lawyer as a member of your team -- Be flexible with your schedule -- Follow your lawyer's advice -- Do not shoot the messenger -- Try to control your relatives -- Do not fall in love with your case -- Do not pull any surprises -- Keep the faith -- Ways to help your lawyer win -- 19. Common questions about case settlements -- 20. Special rights and benefits legislation -- Unemployment compensation -- Health insurance legislation, Consolidated Omnibus Budget Reconciliation Act (COBRA) -- The Health Insurance Portability and Accountability Act (HIPPA) -- Retirement legislation, ERISA -- Notice of plant closure legislation -- Employee leave legislation -- Basic provisions -- FMLA and the ADA --
21. 12 steps to build your workplace power
Step one : learn to like the people you work with
Step two : communicate often with your supervisor
Step three : never turn down an invitation
Step four : do not be afraid to socialize with your boss
Step five : socialize with your co-workers
Step six : make your co-workers feel good about themselves
Step seven : do not forget who brought you to the dance
Step eight : never violate a confidence
Step nine : never refuse an assignment if you can help it
Step ten : know your supervisor's expectations
Step eleven : never speak ill of the company
Step twelve : if you are unhappy, do not broadcast it at work
Appendix A. Frequently asked questions
Appendix B. Payment of wages upon termination
Appendix C. Effect of misconduct on unemployment benefits
Appendix D. State discrimination laws and agencies
Appendix E. EEOC office directory
Appendix F. Miscellaneous state laws on interest
Appendix G. Notable wrongful discharge cases.