“The belief that you can have a meaningful career is the first step to finding one.”

- Sean Aiken

“I was just tired of seeking what people called ‘success.’ I’m now seeking significance,” is how a client explained to me the decision she made to pursue her interests, her passions, her dreams and to help “repair” her world. By every measure, she is now not only a significant person, but more “successful” than she ever was before.

© 2013 Alan L. Sklover. All Rights Reserved

[If you would like to contribute a favored quote, saying or proverb, please submit it to us at info@SkloverWorkingWisdom.com].

“Complexity (at work) has opened a great divide between
those who have mastered its requirements and those who haven’t.” 

- Brink Lindsey, in his recent
  book, “Human Capitalism”

ACTUAL “CASE HISTORIES”: Carolyn contacted us when she was about to move from one employer to another. She sought our help going through her upcoming transition. Workplace transitions are our special area of experience and expertise. As we do for all of our clients, we asked Carolyn to send to our office all of her “workplace papers,” including offer letter, all agreements signed, employee handbook and benefit and equity plans and agreements, for review prior to our consultation. 

Our review of Carolyn’s written materials revealed one potential problem: a “Garden Leave” provision existed in her Stock Option Agreement. A “Garden Leave” provision says, in effect: 

“You must give at least 90 days written notice of resignation. During that 90-day period, we have the right to have you stay at home (and ‘tend your garden,’ so to speak) and have no contact with employees or customers. Of course, you cannot work elsewhere during that period. During that period we will pay your salary and provide benefits, but not accrued vacation, sick days or bonus. We have the right to shorten that period if we wish, and let you go sooner.” 

[Note that Garden Leave periods are commonly 30, 60, or 90 days, and sometimes even 120 or 180 days.]

Carolyn said that she was needed immediately by her next employer, and she was certain her next employer would not wait those 90 days for her to begin. From our point of view, having the freedom to work where and when you want to work is a valuable freedom, and should not be given up easily. We counseled Carolyn that, while she had signed an agreement, there was not very much her employer could do to her that should worry her all that much; if her next job was really important to her – and the right to take any next job in the future – she might decide to deliberately ignore the agreement, and then just deal with the “consequences” – if any. 

After discussing the matter with us and her next employer, Carolyn decided to make her move to her next employer, and to take the risks of doing so. As it turned out, they were not all that significant: (a) she had to forfeit about $22,000 worth of stock options, (b) she did incur some legal expense, and (c) she seemed to have “burned a bridge” that was, to her mind, not that valuable a bridge to begin with. Oh, yes: she had a few sleepless nights, too. 

In retrospect, Carolyn’s decision to ignore the Garden Leave agreement she had signed was a wise one. First, though she did receive a rather nasty letter from her employer’s General Counsel that threatened “legal action,” no such “legal action” ever took place. Second, though Carolyn did lose her unvested options, she was confident that the loss incurred would be more than made up by her anticipated increase in compensation from her future employer. Third, though the squabble with her employer did cause her to delay her start at her next employer by two weeks, that did not bother her next employer; Carolyn even enjoyed having some time off. 

Looking back, Carolyn shared our view that, with a few exceptions, Garden Leave is not very enforceable, and agreed that “The only thing you have to fear is fear itself.”

LESSON TO LEARN: In the past ten years or so, employers have begun to use a new technique to protect themselves when employees depart, called “Garden Leave.” First, it acts to deter employees from leaving at once because (a) it makes the next employer wait 30, 60, 90 or even 120 days for them to start, something many employers will not or cannot do, and (b) by keeping the employee bound to them – and out of communication with clients and colleagues – they make it very hard to take clients and colleagues with them. 

The idea behind Garden Leave is rather ingenious, some would say a bit evil, but in practical effect it is not iron-clad, that’s for sure. We have helped many of our clients navigate themselves around the difficulties imposed – or seemingly imposed – by Garden Leave provisions. 

Garden Leave provisions usually, but not always, provide that you will continue to receive salary and benefits, but not receive or accrue (a) vacation, (b) sick days, (c) bonus, (d) commissions, (e) equity vesting, or (f) other payments, benefits or perquisites.  

A Garden Leave agreement is a kind of contract. “So,” you might ask, “how can I just ignore it?” The answer is that, with a few exceptions, there is just nothing an employer can do to enforce it. Here’s the analysis: 

a. Sue for damages? What damages?” The law provides two basic ways to obtain a remedy for a “wrong” that was done. The first is what most people usually think of, and call a “lawsuit for damages.” That is, someone suing someone else for, say, $100,000. This is the first thing that most employers’ lawyers will threaten, almost always as mere “hot air.” 

It is quite rare for an employer to have actual financial damages that result from an employee’s departure. It is possible if, for example, the employee is an opera singer and the opera tickets have already been sold, or an investment banker whose absence is the direct cause of a deal not closing. But in the vast majority of employee departures, there are no direct causal damages. Without direct damages caused by the employee’s early departure, there is no legal basis for a lawsuit. 

Think of it this way: if your car ever-so-lightly bumped into your neighbor’s car’s bumper, and there was no dent or scratch caused by the light bump, and no passengers were injured, there is simply nothing to sue about or for. (That is why they are called “bumpers,” you know.) 

b. Injunction to be sought? To stop what? The second kind of remedy the law makes available to people who have been “wronged” is what lawyers call an “equitable” remedy, usually in the form of an “injunction” or sometimes called “injunctive relief.” This is not a lawsuit for money, but instead a lawsuit to ask a Judge to issue a Court Order demanding that someone stop doing something that is wrong. This is called an “injunction.”

If a labor union is striking in violation of law, a Court can Order the union – by issuing an injunction – to “stop the strike” and get back to work. Or, if a power plant is spewing forth toxic chemicals, a Court can Order the power plant to stop polluting the air, or even stop operating the power plant. But, if you are not working at your former employer, and not yet working for your new employer, what can the Court Order you to stop doing . . . watching TV? Playing golf? Spending time with your children? Hardly.

Sure, if you have transferred trade secrets or customer lists, or asked customers and colleagues to leave your former employer, those could be Ordered halted by a Court – maybe. But if you have not done those things, then there is nothing to “stop doing.” 

In case you are curious, a Court cannot issue a Court Order to force you to work. Ever since this country outlawed slavery, that is simply not an option. 

c. Threaten to sue your next employer? Possibly, but rarely more than a scare tactic. Your employer’s next attempt to “enforce” your Garden Leave agreement may well be by means of a threat – made to you and/or made to your next employer, if your present employer knows who that is – to sue your next employer for some vague offense, sometimes called “tortious interference.” This is almost always nothing but a baseless threat, without meaning or effect. While there is a kind of legal claim called “tortious interference,” it is not commonly accepted by Courts, and is even less commonly successful: 

First, there is nothing in the world wrong with an employer offering a job to an employed person; every employer does that at least once a week, if not daily; 

Second, almost every employee is what we call an “at will” employee, which employers are constantly reminding us means “Either the employer or the employee may end the employment relation at any time and for any legal reasons”;  

Third, even if your former employer claims the next employer knows of your Garden Leave agreement, just as noted above, it is almost always an agreement without any damages for breach;   

Fourth, if a lawsuit is begun by your former employer against your next employer, all the next employer has to do is simply end your employment relation to end any alleged “interference”; and 

Fifth, the truth is that, if anyone is “guilty” of tortious interference, by writing a letter threatening your future relation with a new employer it is more your former employer who is the one who should fear being sued, and not a future employer, who has every right to say to someone, “Would you like to work for us?”   

No one likes being threatened with a lawsuit, and no one likes being sued. It is the fear in the mind of your next employer that, if anything, can keep you out of work for the Garden Leave period, and thus must be addressed.

d. Make you forfeit past-earned monies? Yes, possibly. If you have deferred income, perhaps in the form of deferred bonuses, or unvested equity, such as unvested stock options, it is possible – though not necessarily the case – that the terms of your Garden Leave agreement or your bonus or equity “plan” provide that you will lose these monies if you (a) voluntarily resign, or (b) resign without honoring your Garden Leave agreement. 

This is a potential “cost” of leaving an employer, and should be looked into before considering a transition. It should be noted that, under some plans and agreements, you lose your deferred income and/or your unvested equity even if you are laid off, without cause. Check your plans; this may be important, or perhaps even inapplicable, to you. And, too, consider how much the loss is worth to you. 

Incidentally, there is a legal argument to be made that the employer, by establishing a forfeiture, has “set a price” on your ignoring your Garden Leave agreement, and thus cannot seek additional “damages” from you.  

e. Might they claim you were fired? Rare and overblown; One exception: Form U-5. Any time you leave a relation – be it friendship, dating, marriage or employment – you run the risk of your former “relation-mate” bad-mouthing you. In the employment context, this can take the form of your former employer giving you an undeserved bad reference. In this situation your former employer could claim that “This person was fired for bad conduct,” referring – dishonestly – to your not complying with your Garden Leave agreement.

With one major exception, experience shows that bad-mouthing by former employers is not as much a risk as most people fear it might be. One thing is for sure: you cannot stay in an unproductive or unhealthy relation based on the fear – which might not even be real – of your former “relation-mate” saying bad things about you. 

The one major exception is if you are a Registered Representative in the securities industry. In that case, when your employment terminates for any reason, your employer must, within 30 days of the termination, file a form called a Form U-5 explaining the reason(s) for your departure. It is not unheard of for a disgruntled employer to try to smear a former employee by filing a false, fraudulent and defamatory Form U-5. This possibility – however remote – is always to be taken into account and, as noted below, steps need to be taken to minimize the chances of this happening, and if it does, minimize the harm that might take place. 

WHAT YOU CAN DO: Garden Leave is certainly not something to fear, but rather something to navigate. However, as employment transitions go, it is a bit complicated, as it calls into play several different legal and negotiating concepts at the same time. 

To guide you as best we can, here are the 18 smart steps you can take to best assist yourself if you decide to ignore your Garden Leave agreement:    

1. Read your Garden Leave agreement (or Garden Leave provision in some other agreement or plan) quite carefully. Believe it or not, many agreements are written in a way that does not really obligate the parties to anything; it is just possible that you are not bound, at all. The “best defense” to any claim of “breach of agreement” is that the words, themselves, do not prohibit what you have done. 

Also, take note of how long a period it is, when it starts, and what you may, or may not do, during your leave. 

2. Understand that adherence to Garden Leave almost always means your (a) staying at home, (b) not communicating with clients or colleagues, and (c) most importantly, not assisting your next employer in any way. While I cannot speculate as to what words are in your Garden Leave agreement, most Garden Leave agreements require that you can be asked to stay at home and remain incommunicado with your clients and customers. Understand that so long as you remain an employee, you have a legal duty to remain “loyal” to – in effect, to “obey” its directives and interests – your employer, which also means “not to act against its interests.” For this reason, you cannot do anything to assist your next employer during your Garden Leave. 

Note, too, that if you write a piece of software or an article, invent a new product or make a list of prospective clients, all of those things “created” while you remain an employee technically belong to your employer. 

3. Understand, too, that most Garden Leave provisions usually give your employer the “option” to restrict you, or if it chooses, to release you, at any time. Once again, I cannot presume what the words of your Garden Leave provision say, but usually they provide that your employer can say to you, at any time, “No thanks. We don’t want to continue your being an employee of ours.” That is, usually employers have the continuing “option” to halt the Garden Leave at any time. Take that factor into consideration in all that you plan.

4. Plan your “resignation” – and most importantly, its timing – very carefully. Many people don’t see it this way, but resigning from a job is one of the most complicated navigations in the work experience. In fact, our blogsite newsletter, our free YouTube video, and our book all entitled “Resigning from Your Job – the 21 Necessary Precautions” are among our most read,  watched, and purchased items. There are a lot of things to consider, and do, and much to avoid, as well.   

If you would like to view our free YouTube video entitled “Resigning from Your Job – the 21 Necessary Precautions,” just [click here.]

Or, if reading is preferable, here is the link to read our Newsletter of the same title. Just [click here.] 

5. Whatever you do, do not take with you any secrets or documents, or urge clients or colleagues to leave with you before you leave. As noted above, during every day that an employee is an employee, he or she must be “loyal” to the interests of his or her employer. To take secrets or documents is a grave violation of that duty, and must not be engaged in. In many states, this is considered criminal. Likewise, while you are an employee, seeking to “take” customers and colleagues with you is also a violation. Either of these two activities, if engaged in while you are an employee, before your departure, could cause grave career and legal harm.   

6. Consider whether your “breach” will really cause financial damages to your employer. Will your employer really lose any money if you leave now; that is, what might be the “damages” of your “breach?” If so, is there any way you can avoid doing so, or minimize the damage? If not, you can “call their bluff” if they threaten to sue you in Court for damages.  

7. Consider factual and contractual defenses. Like any other agreement, a Garden Leave agreement is a kind of contract that can be overcome by certain factual and legal defenses. Thus, is it possible you never signed the Garden Leave agreement or provision? Is it possible that your employer has failed or refused to pay you what you have earned, or otherwise, itself, breached the terms of your employment? Over many years, we have assisted clients in their navigating and negotiating a wide variety of problems and opportunities related to work. In almost every instance, we have found one or more such defenses.

8. “Involuntary Resignation.” There is a strong “gravitational pull” between “involuntary resignation” and declining to adhere to the terms of a Garden Leave agreement. While you may be leaving your job simply to get a better, more rewarding or more fulfilling position, if you are leaving because of hostility, harassment, discrimination, impropriety, illegality, or other reason that makes your decision really not “voluntary.” If that is the case, then this concept may be of great assistance in your navigating your Garden Leave.   

Consider reviewing our blogsite video, newsletters and Q&A’s on the concept we invented called “Involuntary Resignation.” This is also a strong defense against any argument that your next employer “stole” you away. Just [click here.]

9. Consider “equitable” defenses: looking back, is it possible that you have (a) observed, (b) objected to, or (c) have been asked to participate in, improper conduct of some kind? If so, no one can force you to be part of an unethical, improper or illegal course of conduct. This alone, if raised as a reason for your leaving effective immediately, might simply make any threat to take action against you to simply go away. Under a legal theory called the “Clean Hands” doctrine, if your employer is seeking an injunction against you, and it has failed to conduct its affairs in an honorable fashion, that alone may defeat its legal efforts. Indeed, noting that in your resignation, alone, might deter your employer from acting against you. 

10. If you take some time off between jobs – even just a week or two – you decrease the chance of getting your next employer involved in any way. One particular way you could decrease the odds of your employer taking any legal action against you, or your next employer, is to take some time off between positions. Because employees’ usual greatest concern about Garden Leave is losing the next job due to the next employer’s fears of a lawsuit,  if you are not then working at your next job, your former employer has no reason at all to involve it in any dispute, which leads us right into the next point.  

11. You might ask your next employer to describe your “start date” in its offer letter this way: “ . . . on October 2, 2016, or later upon your release from the obligations of any Garden Leave provision you may have with your present employer.” This offer letter language takes your next employer “off the hook” from any claims that it is coaxing you into violating your Garden Leave agreement, and also gives you the option to start quite soon if your former employer backs off, or releases you from, your Garden Leave early.  

12. Do not fear asking your next employer to defend you – or wait for you – if a dispute arises. It is quite amazing what employers will do to attract and “acquire” valuable “human capital.” Consider whether or not to request that your next employer (a) wait for you to start your new job, even if it does entail a wait of 90 days, or (b) pay your legal expense if that need arises, both on an “if need be” basis.   

13. Also, do not fear asking your next employer to make up for you any forfeited monies or equity (stock, stock options, or substitute.) In the same way, you should consider requesting of your next employer that it “make you whole” for any bonus, stock, deferred income or other compensation lost due to your not abiding by the terms of your Garden Leave restriction.   

14. Don’t be too surprised if your former employer suggests you “buy your way out” of your Garden Leave obligations. More than once I have seen employers say, “OK, you can leave early, but in exchange for our waiver of our rights to keep you here, we want you to pay back your last bonus” (or some other sum of money.) In my experience this is close to an admission that Garden Leave is essentially unenforceable, but also an attempted denial of that fact. It is as if they said, “We can’t do much to enforce this Garden Leave, but we would save face if we were to show management that we at least got something from you in return.”   

And, too, you should consider raising the notion with your next employer of their reimbursing you for the “price” needed to “buy” your way out of the dispute.  

15. As a general rule, your resignation should (a) be in writing, (b) not mention the Garden Leave, but say “effective immediately,” (c) be sent by email, and (d) not mention the identity of your next employer. While you can’t count on it, after you ignore your Garden Leave agreement, you just might not hear anything in response. If you do, and if it is threatening in some way, don’t fret too much. Consider, instead, the points raised above and decide how, if at all, you should respond. Quite often, declining to respond is the wisest course of action.   

16. If your employer needs to file a Form U-5, you might mention that any statement on the Form U-5 that you were terminated would be a fraud against the investing public and community. It is not unknown for an employer who feels betrayed or treated badly to retaliate by filing a false Form U-5. Unfortunately in some states you have no good recourse. In fact, the New York Courts have held that employers cannot be sued for doing so, even if what they wrote was intentionally malicious. 

To pre-empt this happening to you, you might mention in your resignation that your Form U-5 should show that you did, in fact, resign without any allegation of bad performance or misconduct, and that anything inconsistent with that would constitute a fraud – which the law defines as an intentional misstatement of fact that others will rely upon. This should decrease the chances of a fraudulent Form U-5, but of course, this is not a guarantee. 

17. Is it unethical to ignore an agreement you signed? That is a great question. I am a proponent of honoring one’s word. While there are exceptions to every rule, this is a general rule I try to follow, and recommend my clients follow. That said, (a) there are valid, legally recognized “excuses” not to abide by certain agreements, (b) there are sometimes moral and ethical reasons not to abide by certain agreements, and (c) some agreements, by their very nature, are close to “evil” to my mind. I view each of these three reasons not to abide by Garden Leave provisions to be sufficient for me to assist others in how to avoid and not abide by Garden Leave agreements. 

I view Garden Leave agreements as (i) one-sided, (ii) wasteful of human talent, (iii) based on fear, (iv) an attempt to force someone to remain “loyal” who does not, in his or her heart, feel “loyal,” (v) a kind of forced labor, and (vi) part of a larger “scheme” by which employers, out of one side of their mouths, praise “free enterprise” but, on the other side of their mouths, stifle it when it is applied to them.  

That is my view, and how I justify helping people avoid Garden Leave agreements. I respect other views, too. This may, or may not, be something for you. Each of us has to respect ourselves.   

18. It might be wise to have an experienced employment attorney available for strategy or, possibly, intervention. This is surely one of those relatively few situations in which you might be wise to have an experienced employment attorney familiar with the facts and circumstances, and ready to “jump in” if “the waters get rough.” There is just too much at stake, and too many “moving parts” in this circumstance.    

If you would like a list of five or more experienced “employee-side” employment attorneys in your city, simply [click here.] Delivered by Email – Instantly! 

These 18 Smart Steps will help you help yourself if you decide not to abide by a Garden Leave agreement. Of course, this is not and cannot be considered to be legal advice, but only helpful suggestions in navigation of workplace issues.

P.S.: Consider the wisdom of having a telephone consultation with Mr. Sklover about navigating and negotiating your own Garden Leave obligations. We offer telephone consultations 7 days a week on this important subject, ranging from 30 minutes, 60 minutes, or two hours. For more information, and to schedule a consultation, just [click here.] 

SkloverWorkingWisdom™ emphasizes smart negotiating – and navigating – for yourself at work. Negotiation and navigation of work and career issues requires that you think “out of the box,” and build value and avoid risks at every point in your career. We strive to help you understand what is commonly before you, and to know what to “watch out” for, regarding Garden Leave agreements. Now the rest is up to you.      

Always be proactive. Always be creative. Always be persistent. Always be vigilant. And always do what you can to achieve for yourself, your family, and your career. Take all available steps to increase and secure employment “rewards” and eliminate or reduce employment “risks.” That’s what SkloverWorkingWisdom™ is all about.

*A note about our Actual Case Histories: In order to preserve client confidences, and protect client identities, we alter certain facts, including the name, age, gender, position, date, geographical location, and industry of our clients. The essential facts, the point illustrated and the lesson to be learned, remain actual.     

Please Note: This Email Newsletter is not legal advice, but only an effort to provide generalized information about important topics related to employment and the law. Legal advice can only be rendered after formal retention of counsel, and must take into account the facts and circumstances of a particular case. Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale.

Repairing the World -
One Empowered and Productive Employee at a Time ™

© 2013 Alan L. Sklover, All Rights Reserved.

If I need a lawyer, how do I determine if they should be from Massachusetts or New Jersey?                                                                                                

D.M.
Morristown, New Jersey

Answer: Dear D.M.: Your question is quite common, increasingly so as people increasingly work distant from the their employers’ headquarters. Unfortunately, as you will see, the answer to your question is not as simple, clear and definite as you might like. But you asked, so here is the answer:            

1. As a general rule, you will likely want to hire an attorney who is familiar with the laws that are applicable to any issues that now exist (or may arise) in the course of your discussions and negotiations. Simple common sense would suggest that you would be wise to use an attorney licensed in Massachusetts if the issues in your negotiation are ones that require analysis under Massachusetts law, and the same goes for hiring a New Jersey lawyer to resolve legal issues of New Jersey law. 

Unfortunately, that simple, common-sense approach is often quite difficult to follow and does not really apply to severance or settlement negotiations, as will be further explained below. 

2. The laws that apply to any issues that might arise in your severance negotiations may be determined by an agreement you signed. Quite often, employers say to themselves, “Let’s make sure that if any employee takes us to Court, or gets into a legal hassle with us, it is our home state’s laws that apply, because this is where our lawyers are and they are most familiar with this state’s laws.” 

For this reason, it is common for employers to write into their employment-related documents, including (a) employment agreements, (b) job offer letters, (c) bonus agreements and plans, (d) stock and stock option agreements and plans, (e) retirement plans, and even (f) employee handbooks that “Any and all disputes that arise between the employer and the employee will be decided under the laws of the state where the employer’s corporate headquarters or home office is located,” or words to that effect. 

Thus, issues that arise related in some fashion to those documents would be resolved under the state’s laws that is noted in the document, and a lawyer licensed to practice in that state would likely be most familiar with that state’s laws.  

3. However, even if you signed an agreement like the one described above, the laws that apply to any issues that exist may be determined, instead, by the laws of the state where you worked. Most states have laws that provide that, if the employee worked in their state, certain issues arising in that employment relation must be decided under that state’s laws, no matter what agreements may have been signed. 

This started a long, long time ago, when the individual states became associated with each other as the United States. The idea was that each state is free to set standards for certain conduct within its own borders, and in the employment context those state standards include: (a) whether you need a license and a supervisor to act, for example, as a mortgage broker, (b) what workplace safety standards must be met by construction-company employers, (c) whether you are entitled to be paid for accrued but unused vacation days if you resign or are terminated, and (d) what the minimum hourly wage may be that is paid to workers. These “state-standard” laws vary considerably from state to state.

 So, an employee working in New Jersey, who believes she is due (a) payment for accrued but unused vacation, and (b) was also denied the legal minimum hourly wage, can file a legal claim using New Jersey law against an employer headquartered in Massachusetts, even if she signed an agreement that said, in effect, “I promise to use only Massachusetts law to resolve any and all disputes.”    

4. To further complicate matters, it is quite possible that the laws that apply to any issues that might arise in your negotiations may be federal laws, which would make which state your lawyer was licensed in entirely irrelevant. As an example, the primary laws that affect entitlement to overtime pay anywhere in the United States is the federal Fair Labor Standards Act (commonly known as “FLSA”). 

If the issues that arise in your settlement negotiations arise under or are related to FLSA, it would not matter in what state in the U.S. your lawyer was licensed to practice. So long as he or she was licensed to practice law, he or she could advise you on issues related to these laws, and with certain technical requirements met, could appear for you in any Federal Court. 

5. And – hold onto your seat – the issues that exist in your settlement negotiations may be those of (a) New Jersey law, AND (b) Massachusetts law, AND (c) federal law, all at the same time. D.M., it has happened to me many times: I am licensed to practice law in New York, I am assisting a client who worked in Texas, the company is headquartered in Connecticut, and then I discover that some of the issues involve Illinois law, as well.  

What an attorney does in these circumstances is to (a) try first to figure out what laws, IF ANY (see below) are applicable to the matter at hand, and (b) then determine whether he or she needs to consult a “local” attorney to assist on that issue. Frankly, it is not usually necessary.  

A few years ago, I was representing a man working in the African country of Namibia (the country immediately north of South Africa), and I had to determine how much notice, if any, was required to be given to terminate an employee. I contacted a Namibian attorney, luckily for  me who spoke English, and conferred with him on that particular issue. I have done that same thing in states all over the U.S. and in countries all over the world.    

6. All of these confusing and at times contradictory issues aside, it usually does not matter: an experienced severance attorney from either of those two jurisdictions, or any other jurisdiction for that matter, should prove just fine. I say this because in severance negotiations, most of the issues that require negotiation are truly “business” issues, not necessarily “legal” ones. Even as to truly “legal” issues, most employers do not think about “Who is right according to the law?” or even “Who is going to win in Court?” That is just not how business people usually think. 

Rather, what business people really think about is what really concerns them, as business people: “What will this cost me in terms of legal fees, the company’s reputation, employee morale, distraction from our main business focus?” and the like. These “business” issues, believe it or not, are far more prevalent and central in severance negotiations than are truly “legal” issues. It is this type of “legal” experience you need on your side. 

The reason you need an attorney in such discussions is more for his or her business and negotiation experience and acumen, and how well he or she can spot issues, negotiate resolutions, and draft agreements, and far less his or her “legal knowledge.” 

We offer a Model Letter entitled “To Employment Attorney – Seeking Information for Retention.” If you would like to obtain a copy for your use, just [click here.]  

If, as I did in my Namibian case, your attorney ends up needing local legal knowledge, or local court experience, he or she can then locate and secure it for you which, quite frankly, does not happen often.    

For your negotiations, you might be interested in our Master 94-Point Severance Negotiation Checklist, to give you the peace of mind and freedom from worry that you have forgotten to raise or entertain certain points of discussion and negotiation. To obtain a copy, just [click here]. Delivered by Email – Instantly! 

D.M., I warned you that this was not going to be “easy.” That said, I hope I did clarify a bit for you the real things you need to know and bear in mind when you hire an attorney in this field. Go with experience and compassion: the rest will fall into place.  

Best,
Al Sklover

P.S.: Since you will soon be looking for a new job, one of our most popular “Ultimate Packages” of forms, letters and checklists is entitled “Ultimate New Job Package” consisting of 9 items, including Resume Cover Letter, Thank You After Interview, Memo Confirming Terms Offered, Response to Offer Letter, our Master Checklist of Items to Negotiate, and 50 Good Reasons to Explain Your Departure from Your Last Job. To obtain a complete set, just [click here.] 

Repairing the World -
One Empowered and Productive Employee at a Time ™

© 2013 Alan L. Sklover, All Rights Reserved.

“Fear and prejudice put up a terrible fight when they see change coming.”

- Susan White

Change: it’s the only constant in life. And the workplace is a place of tumult and change like never before. Change is uncomfortable to most, dreaded by some, and fiercely resisted by others. Don’t fear change, and don’t fight it, either. Rather, anticipate it, and seek to be a part of it, for it permits growth, improvement and progress when driven in the right direction. Just don’t underestimate how much those who live in fear and prejudice will resist and fight it, with “all they got.”

© 2013 Alan L. Sklover. All Rights Reserved

[If you would like to contribute a favored quote, saying or proverb, please submit it to us at info@SkloverWorkingWisdom.com].

“God could not be everywhere and
therefore he invented mothers.”

Jewish Saying

To every mother, grandmother, and great grand-mother out there, THANKS. Today is Your Day. It’s even named after you. In case anyone hasn’t said it to you yet, THANKS for all you do, all you’ve done, and for the zillions of things you will do tomorrow and the day after that, too . . .

© 2013 Alan L. Sklover All Rights Reserved. Commercial Use Prohibited.

What is the meaning of:

“FIDUCIARY”?

“Fiduciary” means “relation of utmost trust, care and confidence.” It refers to both (a) the relation of utmost trust, and (b) the person who assumes the relation of utmost trust. Fiduciaries must protect the interests of another person or organization, commonly called the “beneficiary.”

Common examples of fiduciaries include a Board Member of an organization, an Attorney for a client, a Guardian for a child or legally incompetent person, an Executor of an estate, or Trustee of a trust fund.

Trust: The fiduciary relation is the most highly trusted – and strictly scrutinized – relation there is in the law. It is so trusted and scrutinized by the law that a fiduciary must even ignore his or her own interests whenever they are in conflict or potential conflict with the interests of those served. Fiduciaries are held personally accountable to their beneficiaries if they fail to fulfill their fiduciary duties.

A central duty of a fiduciary is to avoid any conflict of interest with those for whom he or she is a fiduciary. For example, a Board Member of a not-for-profit organization should not engage in any business dealings, directly or indirectly, with that organization.

Care: Also, a fiduciary is not permitted to take unwarranted risks on behalf of beneficiaries he or she serves as a fiduciary. A fiduciary should never make risky investments, or mix his or her own monies with monies of those he or she serves.

A fiduciary must be duly diligent, watchful, protective and risk-averse, similar in many respects to the way a parent of a young child must be.

Confidence: A fiduciary must honor and fulfill a “duty to know” the important facts regarding the beneficiary’s affairs. Thus, a fiduciary cannot plead “I did not know” facts he or she should have known.

Nor can a fiduciary keep secrets from his or her beneficiaries and his or her co-fiduciaries, but has an absolute duty of candor with them. If facts pertain to the affairs of those the fiduciary serves, they must be disclosed, both to the beneficiary and to all co-fiduciaries. Thus, there can be no “secrets.”

In the employment context, “fiduciary” obligations arise when the employee is assigned the task of overseeing funds or requested to act on behalf of the interests of the employer outside the employment, for example, to represent the employer’s interests in a trade organization or on the Board of another organization.

Since fiduciaries voluntarily take on very significant obligations, it is not at all unreasonable for a fiduciary to request insurance from claims, or indemnification from lawsuits, or other protections from potential fiduciary-related claims or expenses that might arise. This is especially the case when employees are asked to take on a fiduciary role as part of his or her job. Paying premiums on a fiduciary “bond” obtained from an insurance company is the most common way this is achieved, although nothing – not the law or any insurance – will protect a fiduciary from gross negligence, willful ignorance or dishonest acts.

© 2013 Alan L. Sklover. All Rights Reserved. Commercial Use Strictly Prohibited

I am wondering if it is acceptable to ask for an equity stake, and if so, how to do so?.

Regards.

John
West Palm Beach, Florida

Answer: Dear John: It is not very common for a prospective employee to ask a prospective employer for an equity stake right off the bat – without either “side” knowing the other all that well. While it does happen, it happens much more commonly by either an agreed “buy in” or “earn out” – or both – by means of a specified financial investment, accomplishment or tenure. Please let me explain:          

1. As an analogy, it is not common for two people to agree before the “first date” to “marry,” because there is so much to find out about one another before making a serious commitment. The employment relation is a working relation that has generalized expectations of employer and employee, some even set by law. The employee provides services and the employer provides compensation. By law, the employee must remain “loyal” to the employer, and the employer has many legal requirements to keep, such as providing a safe work environment, not discriminating in hiring or compensation, and paying certain additional taxes, such as Social Security. It is not too hard to get into the employment relation, and not too difficult to get out of the employment relation.  

In comparison, having an equity stake, as explained more below, is not at all “regulated,” but rather something that is set almost entirely by voluntary agreement, without any pre-set legal expectations or parameters. Being a part owner entails a greater level of clarity on many more points than employment does. Because part ownership is a much more variable relation, and co-owners can agree on almost anything they wish, it is not common for relative “strangers” to enter into ownership relations with each other, before they really get to know each other, and each other’s business acumen and abilities.

Since you are considering new employment, which will sooner or later entail a new job offer for examination and consideration, note that we offer a Model Letter entitled “Confirming Basic Terms of Job Offer” for your adaptation and use. It offers “What to Say, and How to Say It.™” To obtain a copy, just [click here.] Delivered by Email Instantly. 

2. Being an equity stake owner can also result in serious and long-term legal obligations and significant financial liabilities. Another reason it is not common for a prospective employee to ask for an equity stake in a prospective employer from “day one” is that having an equity stake may make the employee liable for many different company obligations, including unpaid taxes, uninsured legal claims, and unpaid wages, even when the employer is set up as a corporation or limited liability company. That is, there are far greater risks involved in becoming an equity owner than many imagine, and risks are to be assumed only very carefully and deliberately.

3. It is more common – and sensible – for a new employee to ask for the future right to become an equity owner, by choice, after learning more about the business and his or her prospective partners. Much more common – and wise, if you ask me – is for a new employee to ask that he or she have the right to either (a) buy an equity stake in the company in the future at some pre-set formula, if he or she then feels confident it is a good idea (commonly called a “buy-in”), or (b) earn an equity stake in the company if he or she achieves certain agreed-upon, pre-set goals, such as bringing in $2 million in revenue two years in a row, or is simply still employed after, say, three years (commonly called an “earn out”), or (c) most commonly, a combination of the two, that is, part “buy-in” and part “earn-out.” 

We also offer a 152-Point Checklist for New-Job Items to Potentially Negotiate, just to make sure you don’t forget or overlook anything. To obtain a copy, just [click here.] Delivered by Email Instantly.

4. The best request for an equity stake requires a three-pronged “pitch”: (a) Value, (b) Vision, and (c) Vesting. As a salesman, John, surely you understand that you need to have a “pitch” prepared to make any “sale.” In my years of counseling executives in search of an equity stake in an employer, I suggest something I have come to call “Value, Vision and Vesting,” as follows:

(a) Value: This first pitch is a simple one: for a salesman, it is that “I can sell a lot, or open up new markets, or create new channels for sales.” For a baseball player, it is probably “I can hit 100 home runs, and attract many more viewers to watch your games on TV.” Of course, the pitch  must appeal to the employer’s perception of your value, not your own sense; so many people have a higher sense of their own value than their employer’s, rightly or wrongly.

I have seen many situations where a new employee – often a celebrity or media star – is seen as so valuable that he or she is given a very substantial part of a business, at times even a majority stake,  based on perceived value, alone. As a successful salesman, you know that it is the customer’s sense of value that counts, little else.   

 (b) Vision: Where do you and the prospective employer each want to take the company? If it is either a common vision, or at least compatible ones, that is great. If it is a contradictory vision, you’ll have a much harder time “selling” it. Shared vision is critical, although not crucial, to a long, successful business “marriage.”

(c) Vesting: This third pitch is based on a combination of some degree of “buy-in” and some degree of “earn-out” over time. If you don’t want to “invest” an appreciable amount of time, effort or money into the endeavor, you will not be seen as having “skin in the game.” And, too, your commitment may be questioned, as you would then have nothing to lose if things go badly.

If, on the other hand, you are  willing to contribute some investment capital (“buy-in”), or your best efforts for a three-year period at a very reduced salary (“earn-out”), or some combination of the two, you will be viewed more positively and seriously. As an ancillary “pitch,” your interest in a long-term, “committed” relation will likely be viewed positively, provided your initial “value” is viewed as significant.

5. If a new employer agrees to grant you equity, whether now or in the future, negotiation of a written agreement describing how that will work surely requires the use of an experienced business attorney. As our frequent blog readers know, I do not often suggest the use of an attorney unless it seems absolutely necessary. However, this is one area of employment where I definitely do recommend the use of experienced legal counsel. I do so because there are many intricacies and details to be carefully attended to in such a written agreement. If not carefully handled, it could end up costing you many thousands of dollars invested and perhaps even years of effort invested, all lost by “wording.” Sadly, I’ve seen it happen many times.    

Remember that your prospective employer will almost surely have an experienced attorney by his or her side, and looking out for his or her interests. Without your having an experienced attorney on your side, it is possible: 

(a) You will forget that being an equity owner also entails possible liabilities, which must be avoided if at all possible, or that you will bear an inordinate degree of risk;  

(b) You will end up, after years of efforts and sacrifice, finding out that quite unexpectedly you are not going to enjoy the “fruits” of your labors because, for example, you were laid off two days before the bulk of your equity vests;

(c) You will be notified that, while your shares have been “diluted” severely, making them near worthless, while other partners’ shares have not been diluted, making your equity worth 99% less than you expect; or

(d) You will find yourself in a legal dispute with your business partners without any way of getting legal redress because, for example, you have no right to examine the company’s financial records. 

These are just a few of the many pitfalls that can make a grant of equity rather “inequitable,” and that can be spotted, and negotiated away, by experienced legal counsel. 

The three main categories of detail that must bear the examination of your attorney include those regarding: (a) “control” of the entity, and how that “control” can be changed; (b) “ownership” of the entity, and how that ownership can be changed or affected; and (c) “profits” of the entity, that is, how they will be divided and distributed, and how that division and distribution can be changed. 

If you would like to obtain a list of five or more experienced, “employee-side” employment attorneys in the Miami area, just [click here.] Delivered by Email – Instantly!

John, I hope you find this responsive to your inquiries and helpful to you. Your question about asking for equity is a good one, and one that I think will help a lot of people. Good luck as you move forward and, I expect “upward,” as well.

Best,
Al Sklover 

P.S.: One of our most popular “Ultimate Packages” of forms, letters and checklists is entitled “Ultimate New Job Package” consisting of 9 items, including Resume Cover Letter, Thank You After Interview, Memo Confirming Terms Offered, Response to Offer Letter, our Master Checklist of Items to Negotiate, and 50 Good Reasons to Explain Your Departure from Your Last Job. To obtain a complete set, just [click here.]

Repairing the World -
One Empowered and Productive Employee at a Time ™

© 2013 Alan L. Sklover, All Rights Reserved.

. . . if you want to buy or start a new Business of your own, and don’t have Readily available start-up capital, you can use your 401k or IRA account monies to do so, without having to pay income taxes on those monies right now or pay a penalty for withdrawal before you turn 59-1/2.

Many financial advisors warn, though, of the potential “double trouble” that could possibly result from both a new-business failure AND a loss of retirement savings. Still, knowing that you have this option – however risky it may be – may be of value to you.

To do this, you will need to pursue a relatively unknown and fairly
complicated procedure known as a “Rollover-as-Business-Startup,” or “ROBS” for short.

It works essentially like this: you open up a new company (corporation or LLC), and then use your 401k or IRA monies to purchase stock in that new company, just like you might purchase stock in an established company on the stock market.

If the business succeeds, you can use its profits to rebuild the 401k or IRA, bearing in mind that only about one half of new businesses succeed.

While the IRS issued a ruling in February approving of the procedure, provided it is carried out correctly, it is still not for the faint-hearted. Then again, if no other financing is readily available, it does provide one path to that common dream of self—employment.

For more on this subject, visit a great blogsite entitled RetirementRevisited.com.

© 2013 Alan L. Sklover All Rights Reserved. Commercial Use Prohibited.

“The early bird gets the worm, but the second mouse gets the cheese.”

- Jon Hammond

Don’t you just love wise sayings and proverbs involving animals? Like all good thoughts, this one has a lot of relevance to the workplace. Be the first employee to make a suggestion, and you’re either a hero or a villain. Being the second employee to make a suggestion is always much safer. I guess it all depends on whether, by your nature, you’re more like a bird or more like a mouse, and prefer to dine on worms or have a love of cheese.

© 2013 Alan L. Sklover. All Rights Reserved

[If you would like to contribute a favored quote, saying or proverb, please submit it to us at info@SkloverWorkingWisdom.com].

I am almost 60 years old and I just can’t handle stress like I could at 25 or 30. I even talked with a therapist for the first time yesterday and confirmed that by me staying there it is doing much more harm than good. My mental health is more important than the job.

I have no work performance issues and in fact if my boss knew that I am considering leaving she would be shocked. I am concerned that if I quit, could I still get unemployment benefits? This situation is affecting my relationship with my wife and I have to decide very soon as the job is not worth what it is doing to me.

Please help!!  

Ken
St. Paul, Minnesota

Answer: Dear Ken: For a very long time I have counseled people in your situation. Though I am not a therapist and do not claim any training or expertise in therapy, I believe that what I have learned from my experiences helping clients in your situation may be of some help to you. I sure hope so.            

1. First, congratulate yourself: Despite your great stress, it is a personal triumph and a clear indication of your innate survival skills that your values and priorities remain solidly intact. I would like to express to you that I, for one, am very impressed with the fact that you continue to bear in mind that your health and marriage must come first, both before and above your job. The applicable saying goes something like this: “Good health and good family will get you through times of no job much better than a job will get you through times of ill health and no family.” Your “inner compass” on this point is surely grounded, and I for one am certain that you will survive this ordeal.

So, count your blessings and when you do so, know that your good values and healthy perspective are among your greatest blessings, and the ones that will safeguard your continued health and family relations.  

2. Second, making a “Plan of Positive Action,” however tentative, will in itself relieve some anxiety, and is a great place to start. What do I mean by “Plan of Positive Action?” Quite simply, steps you can take, all of which are positive to health, emotions, finances and career, to go from where you are – entirely stressed out – to where you will be better off – out of your present stressful situation at work, perhaps in a different department at the company, or collecting unemployment benefits, maybe in a new job elsewhere, potentially opening up your own business, or even collecting disability benefits.

However simple it may be at first, draw up a list of positive steps to take to get you where it is you want to go. I hope that this response to your submitted question will help you begin to do just that.

I often quote the folk singer Joan Baez on this point: “Action is the antidote to despair.” When you are feeling “stuck” in a bad situation, anxiety increases, often to the point of panic. But taking steps to get you “unstuck” from that bad situation will reduce the anxiety and start the feelings of “control” that make each of us feel so much better.

Making a plan is positive; acting in a reactive manner, without direction, is negative.

3. As your “first step” you really do need to find positive ways to reduce your stress level. For everyone, stress can be a very difficult problem, and can even get you sick. Being in my sixties, myself, I can attest to the fact that stress can get to you and affect your health more than it did when you were younger. Among the positive ways to reduce stress, anxiety and panic you can simply walk a lot, (I do so for an hour every morning), pray, meditate, practice yoga, go to therapy, and spend time with friends and family. So long as it is not “negative” things like alcohol, cigarettes, gambling, or drugs (legal or illegal), take a bit of time to do stress reduction. Make doing so a regular daily habit. It will surely pay off. 

Rest and sleep are positive; curling up in a ball and ignoring others, is negative. 

4. The second step in your “Plan of Positive Action” should be to “Acquire a Positive Plan Partner.” Whether it is your wife, your therapist, your brother, a close friend, your rabbi, priest, minister or imam, find a person in whom you trust, in whose judgment you have faith, and who has the time and patience available to act as your sounding board on your Plan of Positive Action.    

There will be times you feel lost. There will be times you feel overwhelmed. There will be times you will feel frightened. We all have these feelings, even though yours may seem magnified and particularly vexing at this time in your life. Having a “partner” to lean on for needed support, guidance and direction will be a very, very helpful source of confidence for you.

Finding support, encouragement and an ear to listen is positive; “going it alone” and avoiding others is negative.

5. As your third step, please consider taking some time off – if not now, very soon.  Over the years, our society has put into place certain safeguards for employees facing difficulties of different kinds, including the kind you are now facing:

(a)    Paid sick days or accrued vacation time: If you have paid sick time or accrued vacation time available to you, by all means take a day, two or more to reduce the immediate pressures on your mental and physical health. It is likely available to you, and I urge you to consider doing so to protect your health and marriage.

(b) FMLA: You can likely take a leave of absence from work, unpaid if necessary, under the federal Family Medical Leave Act (often called “FMLA”), which provides up to 12 weeks off for such reasons, although without pay;

We offer a “Model Memo Requesting FMLA Information, Forms and Procedures” from your Human Resources representative. If you would like a copy to adapt to your own particular facts and circumstances, just [click here.] “What to Say and How to Say It.”™ Delivered Immediately by Email, 24 Hours a Day.

(c) EAP: in many companies there is a Employee Assistance Program, which is supposed to be confidential, to assist employees facing difficulties with substance abuse, emotional difficulties or similar hurdles, through which you and your employer and they might devise other means of gaining relief for you. Consider finding out if your company offers this “safety valve.”

(d) Short Term Disability: Your therapist can probably speak with you, and maybe even assist you, with filing a claim for short-term disability, which would give you time off with at least some incoming pay. 

Taking some time to calm down and “chill out” is surely a positive step forward. 

6. Now the real “Positive Action Steps” begin: Consider requesting from your boss or HR – in an email – that they consider assisting in lowering the intolerable stress by altering your work assignments, your work schedule, your work environment, who you report to, or your work group. Ken, in your note to me you indicated that you do not think your boss knows you are feeling great stress. Based on that, it seems to me that she has not been asked to assist in reducing it in one way or another. Your asking her to do that will help you in three separate ways:  

(i) It will make a permanent record that you brought to your employer’s attention the stress-causing situation, your personal difficulties with that stressful situation, and that you did what you could to reduce or eliminate the problem.  

(ii) It might just work. Your boss, HR or other employer representatives just might take the steps to effectively deal with the source of your stress at work. Hey – that          can’t be too bad a thing to happen.

(iii)If after your request, your employer does not take effective steps to assist your stress, you will have a much better basis for our “Involuntary Resignation” – and all   the advantages that offers – and to collect Unemployment Benefits, too. 

7. Also, consider the very real potential value and potential advantages of presenting not a “Resignation,” but an “Involuntary Resignation.” I don’t know if you are familiar with our concept – which we invented – of “involuntary resignation,” but it sure would be a good idea for you to review my Q&A’s, Newsletters and Videos on the subject available on this blogsite. 

To view our entire blogsite Resource Center Section of Q&A’s, Newsletters and free YouTube Videos on “Involuntary Resignation,” just [click here.]  

The idea behind “Involuntary Resignation” is to make a record that your leaving is not voluntary, at all, but something you have no choice about . . . which seems quite true from what you have written. Some people must “involuntarily resign” due to health, stress, fear of abuse, being forced to engage in improper or illegal activities, sexual harassment, or many other situations at work. When doing so, it is essential to create a clear, written record of the “involuntariness” of the situation and resignation. 

We offer a “Model Involuntary Resignation” letter that you can use if you decide to submit your own Involuntary Resignation. To obtain a copy – instantly by email – just [click here.] “What to Say and How to  Say It”™ 24 Hours a Day. 

While there are no “guarantees,” if you are going to resign, by making your resignation an expressly “involuntary” one, you very much increase your chances of receiving one or more of the following after leaving, as a kind of “severance” in exchange for a release of claims: 

1. Unemployment Benefits, because they are usually awarded to those who resign with “good cause” and can prove they did with convincing emails, etc.;  
2. Vesting of unvested stock, stock options and other equity;  
3. Deferred income, earned bonuses and coming-due commissions;  
4. Release from having to pay back educational and relocation monies previously received, as well as sign-on bonuses;  
5. Pro rata bonus;  
6. Voiding of Non-Competition Agreements;
7. Continuation of health care; and even
8. Possibly, severance. 

In the event you are initially unsuccessful in obtaining one or more of your desired objectives in submitting your own Involuntary Resignation, we offer a “Follow Up Letter to Voluntary Resignation.” To obtain a copy for your adaptation, just [click here.] Delivered Immediately by Email, 24 Hours a Day. 

8. Finally, an answer to your most pressing question: If you take steps 6 and 7 above, your chances of receiving Unemployment Benefits will increase a great deal. Unemployment Benefits are given to those who either (a) have lost their jobs to no fault of their own, such as in a mass layoff or workforce reduction, or (b) those who resign with good reason. What is “good reason?” Well, it is a circumstance at work that a reasonable person would consider intolerable. Sound familiar? 

If you have emails that show (a) you were suffering or in fear, (b) you brought the problem to your boss’s attention, (c) your boss did not take prompt remedial steps, (d) you resigned, but did so EXPRESSLY involuntarily, your chances of being found to have “resigned with good reason,” and thus awarded unemployment benefits.    

Bear in mind that it is clerks, not Judges or Juries, who make the initial decisions regarding granting Unemployment Benefits. In my experience, they want to see emails and other documents, and are very impressed with email evidence of “involuntariness,” as well as doctors’ and therapists’ letters.    

9. So, you see, there are many steps available to you that might ease, improve or even solve the problems you are facing at work and, if need be, receive Unemployment Benefits. With a little insight, a little inspiration and an ounce of faith, you can solve almost any problem at work, or at least make it a whole lot better than it is. Though difficult to see through the “fog of anxiety,” the solutions are there. It’s just a matter of calming down, making a plan, and following that plan.

Nothing is worth the stress you are facing, or the potential damage to your health, home and happiness that your workplace is giving you. 

10. A final, admittedly personal, note on the critical value of faith in such times. Being a person of faith – in one’s God, in one’s community and in one’s self – in my experience provides an extraordinary advantage in overcoming the negative effects of stress, fear, anxiety and hopelessness that are sometimes brought about by events and circumstances at work.   

Faith lets you put things into a larger perspective, an overall positive perspective that is better than the narrow and negative “view” you may, for the moment, have of things you are experiencing. Faith also gives you the lift that you need when everyone and everything around you seem to be letting you down.  

I do not know if you are a person of faith, Ken, or if you are experiencing a test of your faith, but I do want you to consider renewing your faith at this time. If you do so, I am certain you will begin to emerge from the dark and dense fog and fear you see all around you, into the bright sunlight and fresh air of what your life really offers.     

Ken, I truly hope that this has been of assistance to you, and that you understand that you do, indeed, have available to you several good steps to take. Know, too, that you are in my prayers. 

My Best to You,
Al Sklover 

P.S.: Your might be interested in obtain our (a) Involuntary Resignation, (b) Follow-Up to Involuntary Resignation, (c) 119-Point Checklist for Involuntary Resignation, all bundled in our “Ultimate Involuntary Resignation Package, ” which provides you all the benefits we have to offer on this subject, with a 19% savings. To obtain the complete set, just [click here.] Delivered by Email – Instantly – 24 Hours a Day.

Repairing the World -
One Empowered and Productive Employee at a Time ™

© 2013 Alan L. Sklover, All Rights Reserved.