1 00:00:03,360 --> 00:00:06,279 Speaker 1: Ruby. 2 00:00:07,200 --> 00:00:10,080 Speaker 2: There's nothing wrong about applying for benefits. You pay into 3 00:00:10,119 --> 00:00:12,360 Speaker 2: them during your employment. You need to get them if 4 00:00:12,400 --> 00:00:14,320 Speaker 2: you need them. That's what it's there for. A lot 5 00:00:14,360 --> 00:00:16,280 Speaker 2: of people need to just like set their pride aside 6 00:00:16,400 --> 00:00:18,440 Speaker 2: and get your unemployment benefits if you're eligible. 7 00:00:20,040 --> 00:00:24,160 Speaker 3: So let's say your boss schedules a mysterious quick check 8 00:00:24,200 --> 00:00:26,160 Speaker 3: in for four point thirty on a Friday. 9 00:00:27,360 --> 00:00:31,240 Speaker 4: Immediate stomach drop. No, nobody has ever heard quick check 10 00:00:31,280 --> 00:00:33,879 Speaker 4: in and thought, oh good, probably a surprise raise I 11 00:00:33,920 --> 00:00:35,680 Speaker 4: was hoping for, Not even once. 12 00:00:36,880 --> 00:00:40,400 Speaker 3: It usually means a layoff, and right now layoffs are 13 00:00:40,479 --> 00:00:43,800 Speaker 3: hitting a lot of industries, so the chances are someone 14 00:00:43,840 --> 00:00:46,200 Speaker 3: you know who's gone through it recently raises hand. 15 00:00:46,440 --> 00:00:46,800 Speaker 1: Yeah. 16 00:00:46,840 --> 00:00:49,280 Speaker 4: And sometimes it's not even a quick check in with 17 00:00:49,320 --> 00:00:53,320 Speaker 4: your manager you find out via email. Quite rude, rude, 18 00:00:53,440 --> 00:00:56,080 Speaker 4: very rude. Which is why today we're talking about what 19 00:00:56,160 --> 00:00:58,440 Speaker 4: to actually do if you get laid off, like the 20 00:00:58,520 --> 00:01:01,560 Speaker 4: practical stuff that nobody explains in the moment because your 21 00:01:01,600 --> 00:01:03,480 Speaker 4: brain is too swirly to think straight. 22 00:01:03,640 --> 00:01:09,000 Speaker 3: You're thinking severance unemployment health insurance LinkedIn updates, whether or 23 00:01:09,040 --> 00:01:11,400 Speaker 3: not you should panic pivot to a new career. 24 00:01:11,520 --> 00:01:15,080 Speaker 4: Maybe, and how to handle the emotional side without immediately 25 00:01:15,120 --> 00:01:17,920 Speaker 4: spiraling into well, I guess it's seventy cent ramen for 26 00:01:18,000 --> 00:01:18,640 Speaker 4: me from now on. 27 00:01:19,000 --> 00:01:23,000 Speaker 3: And honestly, getting laid off can feel deeply personal, even 28 00:01:23,160 --> 00:01:24,880 Speaker 3: when it's through no fault of your own. 29 00:01:27,160 --> 00:01:29,680 Speaker 4: Welcome back to grown Up Stuff, the podcast where we 30 00:01:29,720 --> 00:01:31,639 Speaker 4: figure out all the things you feel like you should 31 00:01:31,640 --> 00:01:34,119 Speaker 4: know by now but maybe don't because I know I don't. 32 00:01:34,400 --> 00:01:35,880 Speaker 4: I'm Leah Palmery. 33 00:01:36,040 --> 00:01:37,000 Speaker 1: And I'm Matt Stillow. 34 00:01:37,480 --> 00:01:40,760 Speaker 3: So Today the grown up Guide to layoffs, What to 35 00:01:40,840 --> 00:01:43,160 Speaker 3: do first, what not to do, and how to make 36 00:01:43,200 --> 00:01:46,640 Speaker 3: a plan when your life suddenly gets very weird. Our 37 00:01:46,640 --> 00:01:49,800 Speaker 3: guest today is Page Sparks from Sparks Legal, an employment 38 00:01:49,880 --> 00:01:51,840 Speaker 3: lawyer who litigates cases for employees. 39 00:01:52,280 --> 00:01:55,960 Speaker 4: But first, a quick disclaimer before we get started. 40 00:01:56,000 --> 00:01:57,920 Speaker 2: I just want to say these are all just my thoughts, 41 00:01:58,000 --> 00:02:00,080 Speaker 2: and these are general questions we're answering. If you do 42 00:02:00,120 --> 00:02:02,720 Speaker 2: you have specific legal situation that you want legal advice on, 43 00:02:02,920 --> 00:02:04,520 Speaker 2: definitely check with the lawyer in your state. 44 00:02:05,240 --> 00:02:05,640 Speaker 5: I love it. 45 00:02:05,720 --> 00:02:20,160 Speaker 1: I could have set it better myself. Well so. 46 00:02:20,240 --> 00:02:24,000 Speaker 3: The Bureau of Labor Statistics says somewhere between fourteen and 47 00:02:24,160 --> 00:02:26,600 Speaker 3: twenty million people in the US get laid off or 48 00:02:26,680 --> 00:02:29,960 Speaker 3: let go every single year. And that number isn't just 49 00:02:30,080 --> 00:02:33,080 Speaker 3: the massive corporate layoffs you see in the headlines. It 50 00:02:33,160 --> 00:02:37,600 Speaker 3: includes everything from seasonal jobs ending, to companies downsizing, to 51 00:02:37,960 --> 00:02:39,440 Speaker 3: individual employees getting fired. 52 00:02:39,720 --> 00:02:41,560 Speaker 1: Basically, this is way. 53 00:02:41,320 --> 00:02:43,680 Speaker 3: More common than most of us realize until, of course 54 00:02:44,000 --> 00:02:44,959 Speaker 3: it happens to us. 55 00:02:47,360 --> 00:02:49,639 Speaker 4: Once you are laid off from a job, your head 56 00:02:49,680 --> 00:02:51,800 Speaker 4: is very swirly and there's a lot going on, and 57 00:02:51,840 --> 00:02:53,640 Speaker 4: you just have to put one foot in front. 58 00:02:53,480 --> 00:02:53,880 Speaker 1: Of the other. 59 00:02:54,240 --> 00:02:57,919 Speaker 4: So what should you absolutely not do in the first 60 00:02:58,000 --> 00:03:00,360 Speaker 4: forty eight hours after being laid off? And that's both 61 00:03:00,360 --> 00:03:03,160 Speaker 4: financially and emotionally great question. 62 00:03:03,240 --> 00:03:05,200 Speaker 2: So the first thing you should not do if you 63 00:03:05,240 --> 00:03:08,040 Speaker 2: get noticed that you're being laid off is do not panic. 64 00:03:08,360 --> 00:03:10,760 Speaker 2: This is not a scarlet letter on you. This is 65 00:03:10,919 --> 00:03:13,280 Speaker 2: actually quite common and the worst thing you can do 66 00:03:13,360 --> 00:03:16,600 Speaker 2: to yourself is panic and spiral from there. Instead, a 67 00:03:16,680 --> 00:03:19,560 Speaker 2: process you can start in is like review the paperwork. 68 00:03:19,080 --> 00:03:19,560 Speaker 5: They gave you. 69 00:03:19,800 --> 00:03:21,720 Speaker 2: Did they give you Cobra paperwork? Are you going to 70 00:03:21,760 --> 00:03:24,520 Speaker 2: opt into that? There's no need to panic. I know 71 00:03:24,600 --> 00:03:26,919 Speaker 2: it's easier said than done when you are in that situation, 72 00:03:27,400 --> 00:03:29,600 Speaker 2: but it's really a common thing and it can be 73 00:03:29,639 --> 00:03:31,240 Speaker 2: a lot less scarier than people think. 74 00:03:31,639 --> 00:03:34,760 Speaker 4: Okay, COBRA paperwork. So that has to do with health 75 00:03:34,760 --> 00:03:37,480 Speaker 4: insurance coverage, right, Can you explain that a little bit 76 00:03:37,520 --> 00:03:38,520 Speaker 4: more so. 77 00:03:38,720 --> 00:03:41,840 Speaker 2: Cobra is basically, if you get notified to your employments 78 00:03:41,920 --> 00:03:43,840 Speaker 2: ending what do they call it a qualifying event. So 79 00:03:44,120 --> 00:03:45,920 Speaker 2: if the certain events happen, they have to give you 80 00:03:45,960 --> 00:03:48,920 Speaker 2: COBRA notice and so using layoff as the example, they 81 00:03:48,960 --> 00:03:50,960 Speaker 2: have to give you the COBRA notice within a certain 82 00:03:51,000 --> 00:03:53,800 Speaker 2: amount of time. And it's basically a higher premium you're 83 00:03:53,840 --> 00:03:56,720 Speaker 2: paying to get your health insurance continued out. It can 84 00:03:56,760 --> 00:03:59,080 Speaker 2: be up to eighteen months. I've seen it a little 85 00:03:59,120 --> 00:04:01,160 Speaker 2: bit less. It's going to be depending on what you 86 00:04:01,200 --> 00:04:03,760 Speaker 2: agree to. You have to opt into it. But in 87 00:04:03,840 --> 00:04:07,200 Speaker 2: order to opt in, it's the employer's burden. It's their obligation. 88 00:04:07,280 --> 00:04:09,680 Speaker 2: They have to provide you all the information and the 89 00:04:09,680 --> 00:04:13,000 Speaker 2: COBRA paperwork on what to do, the timelines, the deadlines, 90 00:04:13,000 --> 00:04:16,120 Speaker 2: and when to opt in, and like the actual dollar amounts. Now, 91 00:04:16,160 --> 00:04:19,000 Speaker 2: a lot of these mom and pop places aren't doing 92 00:04:19,000 --> 00:04:21,599 Speaker 2: this lately. Yeah, and so there can be penalties. By 93 00:04:21,640 --> 00:04:23,600 Speaker 2: the day they could have like one hundred dollars fine 94 00:04:23,640 --> 00:04:26,839 Speaker 2: per day if this is an issue, and reimbursement for 95 00:04:26,920 --> 00:04:28,840 Speaker 2: costs if you have a lapse in coverage and you're 96 00:04:28,880 --> 00:04:31,240 Speaker 2: required to pay something out of pocket or you have bills. 97 00:04:31,600 --> 00:04:34,200 Speaker 4: Are there deadlines that people should be aware of when 98 00:04:34,240 --> 00:04:35,840 Speaker 4: it comes to continuing benefits. 99 00:04:36,200 --> 00:04:39,000 Speaker 2: So if you want to continue your benefits through Cobra, 100 00:04:39,160 --> 00:04:41,760 Speaker 2: you do have usually sixty days to opt in through 101 00:04:41,800 --> 00:04:44,599 Speaker 2: that paperwork if you want to extend the benefits. Now, 102 00:04:44,640 --> 00:04:47,960 Speaker 2: sometimes we see the employer doesn't provide the paper work 103 00:04:47,960 --> 00:04:50,640 Speaker 2: in time, so you can continue it from the date 104 00:04:50,680 --> 00:04:51,560 Speaker 2: you're finally giving it. 105 00:04:52,040 --> 00:04:54,080 Speaker 3: I didn't even know what it was, so like, I 106 00:04:54,120 --> 00:04:55,760 Speaker 3: just think it's an important thing for people that know 107 00:04:55,800 --> 00:04:57,920 Speaker 3: that if you do get laid off, there is a 108 00:04:57,960 --> 00:05:00,400 Speaker 3: path to continue your healthcare, not only for you but 109 00:05:00,440 --> 00:05:02,440 Speaker 3: for your family. It's a little bit of a difficult 110 00:05:02,440 --> 00:05:04,360 Speaker 3: process to navigate, but it is there. 111 00:05:04,600 --> 00:05:06,960 Speaker 4: Yeah, no wonder why it's named after a snake because 112 00:05:07,000 --> 00:05:08,839 Speaker 4: it's very slippery. 113 00:05:09,120 --> 00:05:10,600 Speaker 5: True and very scary. 114 00:05:11,520 --> 00:05:15,000 Speaker 2: But yeah, yes, but actually they should be more afraid 115 00:05:15,040 --> 00:05:17,360 Speaker 2: of you with the Cobra if they mess up to Obra. 116 00:05:17,560 --> 00:05:19,160 Speaker 5: But yeah, that is a good name for it. 117 00:05:19,160 --> 00:05:22,360 Speaker 2: It's a scary situation and it's expensive, so you don't 118 00:05:22,400 --> 00:05:24,359 Speaker 2: have to do the COBRA. You could look at marketplace 119 00:05:24,400 --> 00:05:27,680 Speaker 2: options or other options because it is expensive, but it's 120 00:05:27,720 --> 00:05:30,320 Speaker 2: better for some individuals to do that instead of not 121 00:05:30,360 --> 00:05:32,680 Speaker 2: having coverage and then you have all these medical debt 122 00:05:32,720 --> 00:05:33,320 Speaker 2: out of pocket. 123 00:05:34,000 --> 00:05:36,680 Speaker 3: Yeah, and you may need to change your provider depending 124 00:05:36,680 --> 00:05:38,839 Speaker 3: on what's available in the marketplace or what you can afford, 125 00:05:38,880 --> 00:05:40,440 Speaker 3: and so yeah, to be able to stick with the. 126 00:05:40,400 --> 00:05:42,400 Speaker 1: Same insurance can be super helpful. 127 00:05:42,920 --> 00:05:45,479 Speaker 3: So that said, I think a lot of people feel 128 00:05:45,520 --> 00:05:47,560 Speaker 3: like they don't have any sort of rights. So what 129 00:05:47,720 --> 00:05:50,640 Speaker 3: is important for people to know? What rights do they 130 00:05:50,680 --> 00:05:52,040 Speaker 3: have when they're laid off. 131 00:05:52,560 --> 00:05:55,120 Speaker 2: One of the rights you have if your employer's eligible 132 00:05:55,200 --> 00:05:58,320 Speaker 2: is getting COBRA for an example. Your rights don't just 133 00:05:58,400 --> 00:06:01,240 Speaker 2: disappear when you're laid off. Still have employment rights as 134 00:06:01,279 --> 00:06:03,680 Speaker 2: an employee. You just have maybe what we would view 135 00:06:03,680 --> 00:06:06,640 Speaker 2: as less compared to the employer. Especially most states are 136 00:06:06,640 --> 00:06:08,960 Speaker 2: at will employment. That means you can be fired or 137 00:06:09,040 --> 00:06:11,400 Speaker 2: laid off anytime for any reason, as long as it's 138 00:06:11,440 --> 00:06:14,080 Speaker 2: not an illegal reason. An example we want to look 139 00:06:14,120 --> 00:06:16,760 Speaker 2: out for is when we're looking at even mass layoffs, 140 00:06:16,800 --> 00:06:19,960 Speaker 2: is that they're not selecting everyone with FMLA, and so 141 00:06:20,200 --> 00:06:22,600 Speaker 2: your rights don't disappear just because you get noticed you're 142 00:06:22,640 --> 00:06:24,840 Speaker 2: getting laid off. It's just there is a process you 143 00:06:24,839 --> 00:06:27,400 Speaker 2: have to follow. But if you have engaged in any 144 00:06:27,440 --> 00:06:32,680 Speaker 2: protected activity like reporting discrimination, retaliation, filing a whistleblower complaint, 145 00:06:32,880 --> 00:06:35,520 Speaker 2: or a worker's compensation claim for example, and then you're 146 00:06:35,600 --> 00:06:37,600 Speaker 2: laid off, then we may want to look at it 147 00:06:37,600 --> 00:06:39,160 Speaker 2: a little further because we want to make sure you're 148 00:06:39,200 --> 00:06:41,440 Speaker 2: not waiving any of those rights if you sign to 149 00:06:41,520 --> 00:06:42,880 Speaker 2: accept the severance, for example. 150 00:06:46,320 --> 00:06:49,320 Speaker 3: So let's take a quick second to define FMLA. That 151 00:06:49,520 --> 00:06:53,360 Speaker 3: stands for the Family and Medical Leave Act, and basically 152 00:06:53,360 --> 00:06:55,200 Speaker 3: it's a law that says if you're dealing with a 153 00:06:55,240 --> 00:06:57,560 Speaker 3: serious health issue or caring for a close family member 154 00:06:57,560 --> 00:07:00,440 Speaker 3: who is you may be entitled to take on paid 155 00:07:00,640 --> 00:07:04,440 Speaker 3: job protected leave without losing your position. It can also 156 00:07:04,480 --> 00:07:07,520 Speaker 3: apply after having a baby or adopting a child. Now 157 00:07:07,600 --> 00:07:10,440 Speaker 3: there are rules around who qualifies and how big the 158 00:07:10,480 --> 00:07:13,200 Speaker 3: company has to be, but the main idea is your 159 00:07:13,200 --> 00:07:15,400 Speaker 3: employer can't just write you off because you need time 160 00:07:15,440 --> 00:07:18,200 Speaker 3: away for legitimate medical or family reasons. 161 00:07:20,600 --> 00:07:24,960 Speaker 4: How does a layoff differ legally from being fired for cause? 162 00:07:25,160 --> 00:07:28,600 Speaker 4: And what are the implications because they both feel bad, 163 00:07:28,960 --> 00:07:32,440 Speaker 4: But like, what is actually the difference between those two categories. 164 00:07:32,960 --> 00:07:35,400 Speaker 2: Sure, it's never fun to end your employment no matter 165 00:07:35,400 --> 00:07:37,440 Speaker 2: what happens, like it's always going to be a transitional 166 00:07:37,480 --> 00:07:39,760 Speaker 2: period and it's always the unknown as scary. But it 167 00:07:39,800 --> 00:07:42,320 Speaker 2: is better to be laid off than fired for cause. 168 00:07:42,680 --> 00:07:45,240 Speaker 2: If you're fired for cause, you usually cannot get benefits 169 00:07:45,280 --> 00:07:48,640 Speaker 2: like unemployment benefits. If you're laid off due to no 170 00:07:48,680 --> 00:07:50,760 Speaker 2: fault of your own, you can apply for that and 171 00:07:50,760 --> 00:07:53,040 Speaker 2: as long as there's no issue, you probably receive it. 172 00:07:53,400 --> 00:07:56,160 Speaker 2: So I do think it is better, especially in a resume. 173 00:07:56,480 --> 00:07:56,880 Speaker 5: A lot of. 174 00:07:56,800 --> 00:07:59,880 Speaker 2: Employers are way more understanding of a company layoff maybe 175 00:08:00,080 --> 00:08:02,480 Speaker 2: gap in a resume instead of you explaining why you 176 00:08:02,520 --> 00:08:05,880 Speaker 2: got fired for popping off or policy violation or attendance 177 00:08:05,960 --> 00:08:08,600 Speaker 2: or something. I do think a lot of employers view 178 00:08:08,640 --> 00:08:11,000 Speaker 2: it a little more favorably than if you were terminated 179 00:08:11,000 --> 00:08:11,480 Speaker 2: for cause. 180 00:08:12,480 --> 00:08:16,040 Speaker 4: Popping off is the legal HR term that they use 181 00:08:16,080 --> 00:08:18,080 Speaker 4: when they have to fire somebody to let's just be 182 00:08:18,200 --> 00:08:21,840 Speaker 4: clear on that, right. I have popped off myself, so 183 00:08:21,880 --> 00:08:25,640 Speaker 4: I tell you it's not fun. There's consequences sometimes, you know, 184 00:08:25,720 --> 00:08:27,880 Speaker 4: but it's more common than a lot of people think 185 00:08:27,960 --> 00:08:30,000 Speaker 4: there's nothing to be ashamed of if you're laid off. 186 00:08:30,280 --> 00:08:32,560 Speaker 2: It's very normal. But I think that's why people view 187 00:08:32,559 --> 00:08:34,719 Speaker 2: it differently. As far as from the employer end of it, 188 00:08:34,840 --> 00:08:36,760 Speaker 2: it's a little more understandable. You had nothing to do 189 00:08:36,840 --> 00:08:38,200 Speaker 2: with it, You couldn't help it, right. 190 00:08:38,480 --> 00:08:40,880 Speaker 3: I wonder also, like within those two things, because it 191 00:08:40,880 --> 00:08:42,760 Speaker 3: does seem like you could get into like a he said, 192 00:08:42,840 --> 00:08:45,640 Speaker 3: she said thing where an employer is saying they fired 193 00:08:45,679 --> 00:08:49,080 Speaker 3: you for cause, but maybe there was underlying circumstances that 194 00:08:49,120 --> 00:08:51,400 Speaker 3: aren't coming to light. Is there like a way to 195 00:08:51,520 --> 00:08:54,440 Speaker 3: like fight that process if one person says one thing 196 00:08:54,520 --> 00:08:55,079 Speaker 3: versus another. 197 00:08:55,640 --> 00:08:56,280 Speaker 5: Absolutely? 198 00:08:56,360 --> 00:08:59,560 Speaker 2: So. I'll use unemployment benefits for an example. So if 199 00:08:59,600 --> 00:09:01,760 Speaker 2: you apply, which I would immediately do that, if you 200 00:09:01,760 --> 00:09:03,439 Speaker 2: get noticed that you're about to be laid off, I 201 00:09:03,440 --> 00:09:06,439 Speaker 2: would immediately apply for unemployment benefits because that can take 202 00:09:06,520 --> 00:09:08,880 Speaker 2: a while, the process can be slow, it will vary 203 00:09:08,920 --> 00:09:11,920 Speaker 2: on how your state is processing things. But in response 204 00:09:12,000 --> 00:09:15,000 Speaker 2: to that, once you get that process started, the employer 205 00:09:15,160 --> 00:09:18,160 Speaker 2: will get the opportunity to respond and say if you 206 00:09:18,160 --> 00:09:20,959 Speaker 2: were fired for cause, now when you fill out the paperwork, 207 00:09:21,000 --> 00:09:23,600 Speaker 2: I would be as specific as possible with the timeline 208 00:09:23,640 --> 00:09:27,000 Speaker 2: and attach the layoff documents like the notification. If you're 209 00:09:27,040 --> 00:09:29,559 Speaker 2: able to do that that way, you're kind of starting 210 00:09:29,600 --> 00:09:31,960 Speaker 2: setting the scene of I was not fired for cause, 211 00:09:32,000 --> 00:09:34,280 Speaker 2: I was notified on this date, I'm being terminated, I'm 212 00:09:34,320 --> 00:09:36,720 Speaker 2: eligible for benefits if they can test it. 213 00:09:36,760 --> 00:09:38,600 Speaker 5: They have to be able to back up what they say. 214 00:09:38,720 --> 00:09:41,440 Speaker 2: They can't just say no, you shouldn't get benefits because 215 00:09:41,640 --> 00:09:42,480 Speaker 2: you're fired for cause. 216 00:09:42,559 --> 00:09:44,960 Speaker 5: Period. They have to provide reasons why. Now. 217 00:09:45,000 --> 00:09:47,319 Speaker 2: I think that a lot of employers will probably have 218 00:09:47,360 --> 00:09:50,120 Speaker 2: a process and step in place that is going to 219 00:09:50,120 --> 00:09:52,640 Speaker 2: flag any unemployment claims from a layoff that they already 220 00:09:52,679 --> 00:09:55,840 Speaker 2: knew was coming. But for example, like with my employment cases, 221 00:09:56,280 --> 00:09:58,400 Speaker 2: that happens all the time where we say he was 222 00:09:58,400 --> 00:10:00,800 Speaker 2: fired because you wouldnt accommodate him, and they say, no, 223 00:10:00,920 --> 00:10:04,360 Speaker 2: he got too many attendance points. Well, the employer responds, 224 00:10:04,400 --> 00:10:06,680 Speaker 2: and then you can do what's called a rebuttal. You 225 00:10:06,760 --> 00:10:08,600 Speaker 2: have a window of time to do that, so make 226 00:10:08,640 --> 00:10:10,760 Speaker 2: sure you don't miss it. You get noticed in the mail, 227 00:10:10,880 --> 00:10:13,400 Speaker 2: send your appeal window, and then the next step would 228 00:10:13,400 --> 00:10:13,880 Speaker 2: be a hearing. 229 00:10:14,360 --> 00:10:17,240 Speaker 3: Because I can understand, like I'm sure most corporations it's 230 00:10:17,280 --> 00:10:21,000 Speaker 3: a pretty standard practice and there's all this documentation and stuff, 231 00:10:21,000 --> 00:10:23,600 Speaker 3: but I'm thinking like for smaller companies where there's only 232 00:10:23,640 --> 00:10:27,040 Speaker 3: a few employees that could maybe not have as much documentation, 233 00:10:27,120 --> 00:10:29,680 Speaker 3: and then there's more personal relationships kind of come into 234 00:10:29,720 --> 00:10:31,040 Speaker 3: the fray and so interesting. 235 00:10:31,280 --> 00:10:33,960 Speaker 2: Yes, yeah, we see that a lot. Not to segue 236 00:10:34,000 --> 00:10:35,880 Speaker 2: into too much personal stuff, but I love when a 237 00:10:35,920 --> 00:10:38,640 Speaker 2: company sends a non lawyer in that situation to represent 238 00:10:38,679 --> 00:10:40,440 Speaker 2: the company, because I'm like, Okay, I get to be 239 00:10:40,480 --> 00:10:42,640 Speaker 2: psycho for an hour, and my therapist that I can 240 00:10:42,800 --> 00:10:44,600 Speaker 2: because it's for work, so buckle up. 241 00:10:44,920 --> 00:10:45,640 Speaker 5: But yeah, some. 242 00:10:45,720 --> 00:10:48,720 Speaker 2: Definitely do or they'll send their poor HR person who 243 00:10:48,720 --> 00:10:50,720 Speaker 2: knows that stuff probably better than I do, but they 244 00:10:50,760 --> 00:10:52,360 Speaker 2: don't know how to do the questions in the lawn, 245 00:10:52,440 --> 00:10:54,760 Speaker 2: like what the burden and the statute is, So anyone 246 00:10:54,760 --> 00:10:58,040 Speaker 2: who's diying and unemployment appeal again, this is just informational 247 00:10:58,080 --> 00:11:00,400 Speaker 2: only if it's a phone hearing, ride it all down, 248 00:11:00,440 --> 00:11:02,600 Speaker 2: look up the statute. That way you know what your 249 00:11:02,640 --> 00:11:05,040 Speaker 2: requirements are to prove. So if you're strying to say 250 00:11:05,040 --> 00:11:07,560 Speaker 2: you get unemployment benefits and they say you're fired for cause, 251 00:11:07,840 --> 00:11:10,440 Speaker 2: google that write it all in a word document including 252 00:11:10,480 --> 00:11:12,640 Speaker 2: everything you want to say. That way, when you're panicking 253 00:11:12,640 --> 00:11:14,120 Speaker 2: on the phone, you can just read it and you 254 00:11:14,160 --> 00:11:16,920 Speaker 2: already did all your homework. But that's an example of 255 00:11:17,040 --> 00:11:19,439 Speaker 2: you have the same resources going into it as the 256 00:11:19,600 --> 00:11:22,559 Speaker 2: HR person showing up for the company. But yeah, sometimes 257 00:11:22,559 --> 00:11:25,000 Speaker 2: the smaller companies they just have to make do with 258 00:11:25,040 --> 00:11:26,959 Speaker 2: what they have if they even show up. A lot 259 00:11:27,000 --> 00:11:28,360 Speaker 2: of the times they don't even show up to the 260 00:11:28,360 --> 00:11:29,000 Speaker 2: appeal hearing. 261 00:11:29,440 --> 00:11:31,760 Speaker 4: I'm always here for a time for page to pop 262 00:11:31,800 --> 00:11:36,600 Speaker 4: off legally, so semi crazy, yes, exactly. One other element 263 00:11:36,640 --> 00:11:39,520 Speaker 4: I want to talk about too is severance. So a 264 00:11:39,559 --> 00:11:42,439 Speaker 4: lot of times if you are laid off, you will 265 00:11:42,559 --> 00:11:46,600 Speaker 4: get some severance hopefully. Is severance pay required or is 266 00:11:46,600 --> 00:11:48,640 Speaker 4: it just like a oh, look, how nice we are. 267 00:11:48,640 --> 00:11:50,640 Speaker 4: We're giving you some money because we're changing your whole 268 00:11:50,760 --> 00:11:54,560 Speaker 4: entire life right now. How much is a company required 269 00:11:54,600 --> 00:11:57,400 Speaker 4: to actually provide that versus is it just a nice to. 270 00:11:57,360 --> 00:12:00,600 Speaker 2: Have more of the second? Unless you have a contract 271 00:12:00,640 --> 00:12:03,400 Speaker 2: saying that you're entitled to employment during a certain time 272 00:12:03,440 --> 00:12:06,520 Speaker 2: period or some other kind of contractual obligation, or maybe 273 00:12:06,520 --> 00:12:08,280 Speaker 2: a state law. I know some states are kind of 274 00:12:08,280 --> 00:12:11,640 Speaker 2: the Wild West, like California, and Washington State may do 275 00:12:11,679 --> 00:12:14,320 Speaker 2: this a little differently, but normally you are not entitled 276 00:12:14,320 --> 00:12:16,599 Speaker 2: to receive a severance of employment ends unless you have 277 00:12:16,640 --> 00:12:19,560 Speaker 2: a contract stating otherwise. Now, if you're offered severance, that's 278 00:12:19,600 --> 00:12:21,280 Speaker 2: always great, like you said, a nice thing to have, 279 00:12:21,800 --> 00:12:24,760 Speaker 2: and usually it's like one pay period, sometimes less, sometimes 280 00:12:24,760 --> 00:12:27,280 Speaker 2: a little more. I would say that's pretty average. Now, 281 00:12:27,360 --> 00:12:30,080 Speaker 2: the only way we can really negotiate the severance is 282 00:12:30,080 --> 00:12:32,079 Speaker 2: if we have claims to leverage with it. So like 283 00:12:32,120 --> 00:12:34,880 Speaker 2: those examples I was saying earlier, if you reported sexual 284 00:12:34,920 --> 00:12:36,920 Speaker 2: harassment and then you could notice you're being laid off 285 00:12:36,960 --> 00:12:39,839 Speaker 2: two days later, obviously we're gonna want to leverage that 286 00:12:39,880 --> 00:12:41,880 Speaker 2: because that can add more value to the claim. Because 287 00:12:41,880 --> 00:12:44,800 Speaker 2: you engage in protected activity, now we can allege retaliation. 288 00:12:45,320 --> 00:12:49,120 Speaker 2: But your average person usually that hasn't happened. This usually 289 00:12:49,120 --> 00:12:52,000 Speaker 2: comes out of nowhere, and unfortunately, you usually do not 290 00:12:52,200 --> 00:12:55,400 Speaker 2: have a right to severance. There's some like myths going 291 00:12:55,400 --> 00:12:58,079 Speaker 2: around online that's like you get X amount of months 292 00:12:58,080 --> 00:13:01,400 Speaker 2: for every year you've been working. There's no such thing. 293 00:13:01,760 --> 00:13:03,640 Speaker 2: That'd be nice if they all followed it. There's no 294 00:13:03,800 --> 00:13:08,640 Speaker 2: like federal guideline or regulation requiring that though unfortunately, is. 295 00:13:08,600 --> 00:13:12,720 Speaker 4: There something that you should look for or negotiate within 296 00:13:12,760 --> 00:13:13,760 Speaker 4: a severance. 297 00:13:13,360 --> 00:13:17,440 Speaker 2: Package before you sign a severance obviously read it very carefully, 298 00:13:17,480 --> 00:13:19,600 Speaker 2: know what you're agreeing to. I would not sign a 299 00:13:19,600 --> 00:13:22,480 Speaker 2: severance agreement that didn't have mutual protection. So what you 300 00:13:22,520 --> 00:13:25,000 Speaker 2: want to look for is that if it's this confidentiality 301 00:13:25,000 --> 00:13:27,800 Speaker 2: in there, both parties should have equal duty and burden 302 00:13:27,880 --> 00:13:30,080 Speaker 2: under that. It shouldn't just be one sided. Now the 303 00:13:30,080 --> 00:13:33,400 Speaker 2: company's writing it, so they will always want to write 304 00:13:33,400 --> 00:13:35,760 Speaker 2: it in their favor. It may say like non disparagement, 305 00:13:35,880 --> 00:13:38,120 Speaker 2: but no one there is being limited from disparaging you 306 00:13:38,280 --> 00:13:40,840 Speaker 2: or things like that. So if you want to suggest 307 00:13:40,960 --> 00:13:43,440 Speaker 2: changes like that, you can always respond. You don't have 308 00:13:43,480 --> 00:13:46,240 Speaker 2: to sign it as is. Just know that usually under 309 00:13:46,320 --> 00:13:49,600 Speaker 2: contract law, making changes like that is considered a counter offer, 310 00:13:49,720 --> 00:13:52,760 Speaker 2: So they could revoke the severance altogether. I think that'd 311 00:13:52,760 --> 00:13:54,720 Speaker 2: be kind of unusual if we're dealing with like a 312 00:13:54,760 --> 00:13:57,319 Speaker 2: mass scale layoff, because they just want to button everything 313 00:13:57,400 --> 00:13:58,600 Speaker 2: up and move on. 314 00:13:59,040 --> 00:13:59,800 Speaker 5: But it's possible. 315 00:14:00,040 --> 00:14:02,400 Speaker 2: So if I was someone who wanted to change us 316 00:14:02,400 --> 00:14:04,840 Speaker 2: to an agreement, what's the saying. It's like hungry mouse, 317 00:14:04,880 --> 00:14:06,839 Speaker 2: don't get fed unless you ask or something like that. 318 00:14:07,120 --> 00:14:09,400 Speaker 1: I would ask, Squeaky Wheel, Yeah. 319 00:14:09,280 --> 00:14:10,559 Speaker 5: Squeaky Wheel gets the oil. 320 00:14:10,679 --> 00:14:13,760 Speaker 2: Yes, And so I would always ask, and probably the 321 00:14:13,800 --> 00:14:16,080 Speaker 2: worst case scenario is they're like, no, you can sign 322 00:14:16,160 --> 00:14:18,440 Speaker 2: it as is, though you have until Friday or whatever. 323 00:14:18,800 --> 00:14:20,880 Speaker 2: That's what I would do if it had any questionable terms. 324 00:14:20,880 --> 00:14:24,600 Speaker 2: I'd also look at the governing law of the severance agreement. 325 00:14:24,680 --> 00:14:27,760 Speaker 2: So usually any contract, if it's written by not AI 326 00:14:27,920 --> 00:14:30,440 Speaker 2: and like a real lawyer or person, it's going to 327 00:14:30,440 --> 00:14:32,400 Speaker 2: have a governing law. It'll be like, for example, here, 328 00:14:32,480 --> 00:14:34,720 Speaker 2: it'd be like this severance agreement is governed by the 329 00:14:34,720 --> 00:14:37,560 Speaker 2: state law of Missouri or something like that, and so 330 00:14:37,680 --> 00:14:39,760 Speaker 2: we want to make sure that if you're signing that, 331 00:14:39,880 --> 00:14:41,360 Speaker 2: I would only want to sign that if it was 332 00:14:41,400 --> 00:14:43,400 Speaker 2: in the state I was in keep an eye out 333 00:14:43,400 --> 00:14:45,360 Speaker 2: for that, because when we're looking at these bigger companies, 334 00:14:45,720 --> 00:14:48,240 Speaker 2: if you're working in Missouri and you sign a contract 335 00:14:48,240 --> 00:14:50,640 Speaker 2: governed by the laws of California, if you ever want 336 00:14:50,680 --> 00:14:53,120 Speaker 2: to enforce that contract or the company wants to enforce 337 00:14:53,160 --> 00:14:56,080 Speaker 2: that contract ensue you, it's going to be in California. 338 00:14:56,160 --> 00:14:57,600 Speaker 2: So it's just like one of the things I would 339 00:14:57,600 --> 00:14:59,640 Speaker 2: look at. I'd also keep an eye out for arbitration. 340 00:14:59,680 --> 00:15:02,600 Speaker 2: Agree men's being hidden in there. I've been seeing that 341 00:15:02,640 --> 00:15:04,680 Speaker 2: a lot in the severance that if you do bring 342 00:15:04,720 --> 00:15:07,520 Speaker 2: an enforcement action, they're trying to force arbitration now too. 343 00:15:12,600 --> 00:15:14,680 Speaker 3: And just to go a little bit deeper on that, 344 00:15:15,000 --> 00:15:18,000 Speaker 3: companies are adding language that says if you try to 345 00:15:18,040 --> 00:15:20,320 Speaker 3: sue them or bring some kind of legal claim later, 346 00:15:20,800 --> 00:15:23,280 Speaker 3: you have to go through arbitration instead of taking it 347 00:15:23,320 --> 00:15:26,720 Speaker 3: to court. And while arbitration might sound nicer than going 348 00:15:26,760 --> 00:15:30,160 Speaker 3: to full blown court, it can really change the playing field. 349 00:15:30,240 --> 00:15:32,840 Speaker 3: I mean usually it means the case stays private, there's 350 00:15:32,920 --> 00:15:35,520 Speaker 3: less discovery, and you're not appearing before a jury of 351 00:15:35,520 --> 00:15:38,520 Speaker 3: your peers. So it's one of those clauses people tend 352 00:15:38,520 --> 00:15:40,840 Speaker 3: to skim past when they're stressed and just trying to 353 00:15:40,880 --> 00:15:43,160 Speaker 3: sign the damn paperwork. But it can matter a lot 354 00:15:43,200 --> 00:15:44,920 Speaker 3: down the road. If there are any big issues with 355 00:15:44,960 --> 00:15:46,040 Speaker 3: your employment. 356 00:15:47,840 --> 00:15:51,160 Speaker 4: How about can you negotiate a severance after you've already 357 00:15:51,240 --> 00:15:53,440 Speaker 4: been laid off? And also, as you were talking, I 358 00:15:53,480 --> 00:15:56,480 Speaker 4: was wondering, should I be thinking, I know this is 359 00:15:56,520 --> 00:15:59,000 Speaker 4: maybe like gloomy, but a little bit along like a 360 00:15:59,000 --> 00:16:02,720 Speaker 4: prenup conversation, should I be thinking about including things when 361 00:16:02,720 --> 00:16:06,120 Speaker 4: I'm being hired that then says, oh, if you ever 362 00:16:06,280 --> 00:16:08,800 Speaker 4: lay me off, you have to give me x amount 363 00:16:08,800 --> 00:16:10,720 Speaker 4: for X amount of years I've been here or something. 364 00:16:10,720 --> 00:16:11,280 Speaker 5: You know what I mean? 365 00:16:11,360 --> 00:16:14,840 Speaker 4: Like, how can I be thinking about negotiating severance both 366 00:16:15,440 --> 00:16:18,320 Speaker 4: before I even start the job and then after I've 367 00:16:18,360 --> 00:16:19,240 Speaker 4: been laid off too? 368 00:16:19,720 --> 00:16:22,280 Speaker 2: Yes, we love a proactive queen. So what I would 369 00:16:22,320 --> 00:16:24,680 Speaker 2: do is, if you're going to be negotiating a contract 370 00:16:24,680 --> 00:16:27,760 Speaker 2: to start employment, absolutely you want to include those things 371 00:16:27,760 --> 00:16:30,160 Speaker 2: in there, like a notice period. We have been able 372 00:16:30,200 --> 00:16:32,920 Speaker 2: to negotiate severance just on that alone. Like if I 373 00:16:32,920 --> 00:16:34,920 Speaker 2: have a doctor who comes to me and they have 374 00:16:34,960 --> 00:16:37,280 Speaker 2: one hundred and eighty day notice period between ninety to 375 00:16:37,320 --> 00:16:39,280 Speaker 2: one hundred and eighty days a standard in that industry, 376 00:16:39,720 --> 00:16:41,640 Speaker 2: if the hospital wants to get rid of them earlier 377 00:16:41,960 --> 00:16:44,240 Speaker 2: and they break that contract, that's a claim we can 378 00:16:44,320 --> 00:16:47,160 Speaker 2: use to leverage higher severance payout. So those are terms 379 00:16:47,160 --> 00:16:49,000 Speaker 2: that you can request as part of that, and I 380 00:16:49,040 --> 00:16:51,680 Speaker 2: wouldn't put it like personally, I would make it a 381 00:16:51,720 --> 00:16:54,200 Speaker 2: notice period because that's where we're going to be able 382 00:16:54,240 --> 00:16:57,160 Speaker 2: to use it more broadly other than just like in 383 00:16:57,200 --> 00:16:59,400 Speaker 2: the event of layoff. Because they're going to call it 384 00:16:59,440 --> 00:17:01,440 Speaker 2: a restruct sure or something, you know what I mean. 385 00:17:01,600 --> 00:17:03,040 Speaker 2: So what I would do is just be like, in 386 00:17:03,080 --> 00:17:05,959 Speaker 2: the event employment end is this is what the notice period. 387 00:17:06,200 --> 00:17:09,439 Speaker 2: You could negotiate that, but it really just depends on 388 00:17:09,920 --> 00:17:12,560 Speaker 2: what you're being paid the notice period, and you can't 389 00:17:12,560 --> 00:17:14,879 Speaker 2: bleed a turn up. If the company is really folding 390 00:17:14,960 --> 00:17:17,199 Speaker 2: up and they cannot offer you more, you're not going 391 00:17:17,240 --> 00:17:18,919 Speaker 2: to be able to get more money. It really depends 392 00:17:18,960 --> 00:17:21,200 Speaker 2: on all the circumstances of the situation. 393 00:17:21,880 --> 00:17:25,360 Speaker 3: Okay, so let's just say we've got severance figured out, 394 00:17:25,440 --> 00:17:28,080 Speaker 3: or there isiness everance or whatever, you've been laid off. 395 00:17:28,440 --> 00:17:32,119 Speaker 3: What happens at that point to any unused PTO paid 396 00:17:32,119 --> 00:17:35,040 Speaker 3: time off, any bonuses that they're in your contract. Let's 397 00:17:35,040 --> 00:17:36,679 Speaker 3: say that you get fired like three quarters of the 398 00:17:36,680 --> 00:17:39,200 Speaker 3: way through the year and you've contributed to those sales goals, 399 00:17:39,440 --> 00:17:41,800 Speaker 3: any like equity or like stock options that you have 400 00:17:42,280 --> 00:17:43,760 Speaker 3: in the company that you're employed with. 401 00:17:43,880 --> 00:17:45,040 Speaker 1: What happens to all that stuff? 402 00:17:45,480 --> 00:17:47,480 Speaker 2: Those are all things I would immediately follow up what 403 00:17:47,520 --> 00:17:49,879 Speaker 2: they try to ask what they're going to be doing about, 404 00:17:49,920 --> 00:17:52,639 Speaker 2: because unfortunately, you do not have a right to have 405 00:17:52,720 --> 00:17:55,480 Speaker 2: PTO paid out in most states. Now, different states might 406 00:17:55,520 --> 00:17:59,080 Speaker 2: have different laws, but there's no federal requirement requiring PTO 407 00:17:59,160 --> 00:18:01,400 Speaker 2: to be paid out. So I'll use Missouri as an example. 408 00:18:01,640 --> 00:18:03,720 Speaker 2: In Missouri, if you get laid off, you don't get 409 00:18:03,720 --> 00:18:05,879 Speaker 2: to cash out your PTO unless the company has a 410 00:18:05,880 --> 00:18:09,000 Speaker 2: policy or different procedure that they will do on their own. 411 00:18:09,320 --> 00:18:11,280 Speaker 2: You don't have a right to have your PTO cashed out. 412 00:18:11,440 --> 00:18:13,159 Speaker 2: That's another reason why you want to use your PTO. 413 00:18:13,240 --> 00:18:15,560 Speaker 2: Don't be sitting on that that company will get ready 414 00:18:15,560 --> 00:18:16,800 Speaker 2: to you and replace you tomorrow. 415 00:18:16,920 --> 00:18:19,480 Speaker 5: Like use your PTO because it can be a user 416 00:18:19,600 --> 00:18:20,439 Speaker 5: or lose it kind. 417 00:18:20,280 --> 00:18:23,760 Speaker 2: Of thing if employment ends, But you can ask for 418 00:18:23,800 --> 00:18:24,760 Speaker 2: it to be paid out again. 419 00:18:24,800 --> 00:18:26,360 Speaker 5: Like we were just talking about this squeaky reel. 420 00:18:26,640 --> 00:18:28,720 Speaker 2: The worst case they're going to say is no, maybe 421 00:18:28,760 --> 00:18:30,120 Speaker 2: that they're not going to pay you the PTO. 422 00:18:30,800 --> 00:18:33,800 Speaker 3: In the same vein basically we talked about the PTO 423 00:18:33,880 --> 00:18:36,080 Speaker 3: and everything. A lot of people have a four oh 424 00:18:36,119 --> 00:18:38,800 Speaker 3: one K with their employer too, and so I'm curious 425 00:18:39,080 --> 00:18:40,800 Speaker 3: what's the best way to handle. 426 00:18:40,560 --> 00:18:42,640 Speaker 1: That when you part ways with an employer. 427 00:18:43,000 --> 00:18:45,160 Speaker 2: I don't have a lot of experience with like employee 428 00:18:45,160 --> 00:18:46,879 Speaker 2: benefits like the four oh one k. I know not 429 00:18:46,960 --> 00:18:49,120 Speaker 2: to be dangerous, but for some of my cases that's 430 00:18:49,160 --> 00:18:51,560 Speaker 2: been involved in, you can usually continue it with your 431 00:18:51,600 --> 00:18:54,200 Speaker 2: new employer. You just have to update the information. I've 432 00:18:54,200 --> 00:18:56,400 Speaker 2: also had people want to dip into it if they 433 00:18:56,440 --> 00:18:58,640 Speaker 2: need to, you do get a penalty, is my understanding 434 00:18:58,680 --> 00:19:01,000 Speaker 2: of that, if you tap into it too early. But 435 00:19:01,080 --> 00:19:03,080 Speaker 2: some people need that money to buy them time to 436 00:19:03,119 --> 00:19:05,320 Speaker 2: the next job. So everyone has to do what they 437 00:19:05,320 --> 00:19:07,560 Speaker 2: have to do. But that's part of what should be 438 00:19:07,560 --> 00:19:10,560 Speaker 2: included in the paperwork. If you are given that reduction 439 00:19:10,640 --> 00:19:14,160 Speaker 2: and forced notice or the layoff paperwork, they should give 440 00:19:14,200 --> 00:19:15,959 Speaker 2: you an itemized list and like how to roll over 441 00:19:16,000 --> 00:19:16,840 Speaker 2: your benefits. 442 00:19:17,119 --> 00:19:19,720 Speaker 3: Yeah, and I think it's just another super important thing 443 00:19:19,720 --> 00:19:21,480 Speaker 3: for people to remember. I mean, some people put like 444 00:19:21,480 --> 00:19:23,680 Speaker 3: a thousand bucks in therefore, okay, maybe they forget about 445 00:19:23,680 --> 00:19:25,919 Speaker 3: it whatever, but it is your money and you should 446 00:19:25,920 --> 00:19:28,040 Speaker 3: take it with you, Yes, especially for people who had 447 00:19:28,119 --> 00:19:30,600 Speaker 3: multiple jobs over the years, Like maybe you've set up 448 00:19:30,680 --> 00:19:33,040 Speaker 3: your personal IRA, right, you can roll your four oh 449 00:19:33,040 --> 00:19:34,359 Speaker 3: one k over into that. 450 00:19:34,400 --> 00:19:36,040 Speaker 1: And so that's just a super important thing to make 451 00:19:36,040 --> 00:19:36,800 Speaker 1: sure you take with you. 452 00:19:37,280 --> 00:19:39,920 Speaker 5: Yeah, don't leave your money behind, No, take everything. 453 00:19:40,440 --> 00:19:41,880 Speaker 4: Can you tell us a little bit too about who 454 00:19:41,920 --> 00:19:46,240 Speaker 4: qualifies for unemployment benefits and how do you apply sure. 455 00:19:46,040 --> 00:19:48,560 Speaker 2: So and again I'll just speak for Missouri as an example, 456 00:19:48,600 --> 00:19:51,119 Speaker 2: because you apply through the state. You just go online 457 00:19:51,160 --> 00:19:53,680 Speaker 2: and start the process, and it's a questionnaire you fill out. 458 00:19:54,160 --> 00:19:56,600 Speaker 2: Really want to caution everyone what you fill out on 459 00:19:56,640 --> 00:19:59,520 Speaker 2: the questionnaire in any state becomes part of the file. 460 00:20:00,000 --> 00:20:02,199 Speaker 2: So don't be ranting about how you hate everyone at 461 00:20:02,240 --> 00:20:03,560 Speaker 2: work and all this suff you know, like, stick to 462 00:20:03,600 --> 00:20:05,840 Speaker 2: the issues. Okay, Like I was fired on this date. 463 00:20:06,119 --> 00:20:07,840 Speaker 2: It wasn't my fault. This is what they said I 464 00:20:07,840 --> 00:20:08,400 Speaker 2: was fired for. 465 00:20:08,640 --> 00:20:09,480 Speaker 5: Can I have my money? 466 00:20:09,720 --> 00:20:12,440 Speaker 2: Keep it sweet and simple, Okay, we don't need dating 467 00:20:12,480 --> 00:20:13,479 Speaker 2: back to twenty twenty two. 468 00:20:13,920 --> 00:20:16,640 Speaker 5: How everyone there sucks. Okay, it's down twenty twenty six. 469 00:20:17,280 --> 00:20:20,159 Speaker 2: So you really want to keep it basic on what 470 00:20:20,240 --> 00:20:23,240 Speaker 2: you're asking for and start that process online. They will 471 00:20:23,320 --> 00:20:26,159 Speaker 2: need some documents like your pay stub to name the 472 00:20:26,160 --> 00:20:30,200 Speaker 2: correct paying entity, some other items like that. Also, start 473 00:20:30,200 --> 00:20:33,440 Speaker 2: immediately applying for positions once you get your bearings, because 474 00:20:33,480 --> 00:20:36,240 Speaker 2: you will have to submit that to receive benefits once 475 00:20:36,280 --> 00:20:38,359 Speaker 2: you're past the waiting period. They want to know that 476 00:20:38,359 --> 00:20:41,119 Speaker 2: you're actively seeking new work, not just sitting around collecting 477 00:20:41,160 --> 00:20:43,399 Speaker 2: unemployment so you can get kind of ahead of the 478 00:20:43,400 --> 00:20:45,439 Speaker 2: curve because I don't know the exact amount off the 479 00:20:45,440 --> 00:20:47,040 Speaker 2: top of my head, but I know it's a requirement 480 00:20:47,119 --> 00:20:50,320 Speaker 2: like X amount of applications per week or something like that. 481 00:20:50,640 --> 00:20:52,639 Speaker 2: Those are things I would just get started and keep 482 00:20:52,680 --> 00:20:54,280 Speaker 2: it simple when you're filling out the form. That's where 483 00:20:54,280 --> 00:20:56,080 Speaker 2: I see a lot of people go wrong, and then 484 00:20:56,160 --> 00:20:57,800 Speaker 2: like I get it later when I'm helping them with 485 00:20:57,800 --> 00:20:59,119 Speaker 2: the thing, because I do have a case and I'm like, 486 00:20:59,119 --> 00:21:01,159 Speaker 2: why did you ran in here? Like now they have 487 00:21:01,200 --> 00:21:03,720 Speaker 2: all this information that they otherwise wouldn't have had. It's 488 00:21:03,760 --> 00:21:07,280 Speaker 2: also not relevant, but you're entitled to unemployment benefits if 489 00:21:07,320 --> 00:21:10,800 Speaker 2: you are fired or workstops due to no fault of 490 00:21:10,840 --> 00:21:13,360 Speaker 2: your own. Now, this can look like quiet quitting from 491 00:21:13,359 --> 00:21:15,440 Speaker 2: the employer. They just remove you from the schedule and 492 00:21:15,520 --> 00:21:17,840 Speaker 2: never schedule you to work again. That you may be 493 00:21:17,880 --> 00:21:20,920 Speaker 2: eligible for benefits. But if you were fired for violating 494 00:21:20,960 --> 00:21:24,880 Speaker 2: a known company policy like the attendance policy, no call, 495 00:21:24,960 --> 00:21:28,560 Speaker 2: no show, anything like that, then the employer can contest 496 00:21:28,560 --> 00:21:31,080 Speaker 2: your application for benefits and it goes through that hearing process. 497 00:21:31,119 --> 00:21:33,840 Speaker 2: If you appeal, like we talked about earlier, but generally, 498 00:21:33,960 --> 00:21:36,560 Speaker 2: as long as the reason you're not working isn't your 499 00:21:36,640 --> 00:21:39,720 Speaker 2: fault and you're able to work, you'll probably get benefits. 500 00:21:40,200 --> 00:21:42,800 Speaker 3: I also would want to address some stigma here. When 501 00:21:42,840 --> 00:21:44,679 Speaker 3: I got laid off, people are like, are you gonna 502 00:21:44,880 --> 00:21:47,240 Speaker 3: apply for unplanned benefits? And I was like, Oh, I'll 503 00:21:47,240 --> 00:21:50,000 Speaker 3: never do that. Like why, I'm so glad. 504 00:21:51,040 --> 00:21:54,359 Speaker 2: For Yes, there is some weird stigma about, like a 505 00:21:54,400 --> 00:21:56,919 Speaker 2: negative stigma, and there shouldn't be. I'm so glad you 506 00:21:56,920 --> 00:21:58,960 Speaker 2: brought that up because a lot of people say that 507 00:21:59,000 --> 00:22:01,200 Speaker 2: when I'm doing the consultation, because I need to know 508 00:22:01,280 --> 00:22:03,560 Speaker 2: if they're going to contest the benefits. When he said, 509 00:22:03,600 --> 00:22:06,960 Speaker 2: she said situation for example, there's nothing wrong about applying 510 00:22:06,960 --> 00:22:09,639 Speaker 2: for benefits. You pay into them during your employment. You 511 00:22:09,720 --> 00:22:11,199 Speaker 2: need to get them if you need them. That's what 512 00:22:11,240 --> 00:22:13,080 Speaker 2: it's there for a lot of people need to just 513 00:22:13,119 --> 00:22:15,679 Speaker 2: like set their pride aside and get your unemployment benefits 514 00:22:15,680 --> 00:22:18,359 Speaker 2: if you're eligible, because if not, you're not getting the 515 00:22:18,359 --> 00:22:19,600 Speaker 2: money that you've paid into. 516 00:22:19,960 --> 00:22:21,760 Speaker 3: Yeah, the amount of people who have lost their jobs 517 00:22:21,760 --> 00:22:23,720 Speaker 3: and told me like, oh, I'm not going to do that, 518 00:22:23,840 --> 00:22:25,560 Speaker 3: it just blows my mind because I'm like. 519 00:22:25,600 --> 00:22:27,680 Speaker 5: I hate hearing that is literally what it's there for. 520 00:22:27,720 --> 00:22:30,200 Speaker 3: And yeah, yeah, no one should be ashamed about taking 521 00:22:30,240 --> 00:22:33,000 Speaker 3: advantage of it, Like exactly, we pay into it. It's 522 00:22:33,080 --> 00:22:34,600 Speaker 3: kind of like Social Security. You pay into it, you 523 00:22:34,600 --> 00:22:36,439 Speaker 3: deserve to take advantage of it when it's your turn to. 524 00:22:36,800 --> 00:22:39,399 Speaker 2: It's also not public record, like, there's no reason to 525 00:22:39,400 --> 00:22:41,159 Speaker 2: be ashamed of it. No one will ever know that 526 00:22:41,200 --> 00:22:44,160 Speaker 2: you received it besides you and whoever prepares your taxes, 527 00:22:44,240 --> 00:22:47,360 Speaker 2: so there's no reason to be ashamed of it. It's 528 00:22:47,400 --> 00:22:48,680 Speaker 2: not like they can go up and be like, oh, 529 00:22:48,760 --> 00:22:51,520 Speaker 2: Matt got unemployment four years ago, he's going to be 530 00:22:51,560 --> 00:22:54,560 Speaker 2: a bad employee. That doesn't happen. There's no record of it. 531 00:22:54,840 --> 00:22:57,119 Speaker 2: And that's not how that works. If you're eligible, go 532 00:22:57,119 --> 00:22:58,040 Speaker 2: get your benefits. 533 00:22:58,240 --> 00:22:58,800 Speaker 5: No one will know. 534 00:22:59,240 --> 00:23:01,080 Speaker 3: Just go get your money, yeah, and then lie about 535 00:23:01,080 --> 00:23:02,720 Speaker 3: it on TikTok. You don't have to tell TikTok. 536 00:23:02,800 --> 00:23:04,680 Speaker 4: It's not that easy to do too. So it's not 537 00:23:04,760 --> 00:23:07,320 Speaker 4: like being abused in the way that you'll sometimes hear about. 538 00:23:07,359 --> 00:23:10,119 Speaker 4: It's like that is for all of us who contribute 539 00:23:10,119 --> 00:23:11,920 Speaker 4: to that, use it, get. 540 00:23:11,720 --> 00:23:12,800 Speaker 5: It, enjoy it. 541 00:23:13,280 --> 00:23:15,639 Speaker 2: Yeah, they don't just hand you a benefit. You have 542 00:23:15,720 --> 00:23:18,119 Speaker 2: to fill out the questions, you have to be eligible 543 00:23:18,200 --> 00:23:20,600 Speaker 2: and then you may receive them. So yeah, it's not 544 00:23:20,640 --> 00:23:22,919 Speaker 2: like a handout. There's nothing to be ashamed of for 545 00:23:22,920 --> 00:23:23,840 Speaker 2: getting unemployment. 546 00:23:27,680 --> 00:23:29,840 Speaker 4: We'll be right back after a quick break. 547 00:23:36,400 --> 00:23:39,639 Speaker 3: And we're back with more grown up stuff. How do 548 00:23:39,680 --> 00:23:44,840 Speaker 3: I don't I want to come to another kind of 549 00:23:45,160 --> 00:23:49,160 Speaker 3: gray area where you are laid off but there's just 550 00:23:49,320 --> 00:23:52,200 Speaker 3: this inkling in your head that like this doesn't feel right. 551 00:23:52,840 --> 00:23:55,840 Speaker 3: What are the signs that your termination might actually be 552 00:23:55,880 --> 00:23:57,919 Speaker 3: like a wrongful termination? 553 00:23:58,240 --> 00:23:59,640 Speaker 1: And then what can you do about that? 554 00:24:00,359 --> 00:24:04,480 Speaker 2: So the wrongful terminations we look for if a layoff happens, 555 00:24:04,560 --> 00:24:07,040 Speaker 2: or we're wanting to see if severance might be offered. First, 556 00:24:07,040 --> 00:24:09,320 Speaker 2: it's going to start if it involves a protected class. 557 00:24:09,359 --> 00:24:12,439 Speaker 2: And so protected class example is age between forty and 558 00:24:12,480 --> 00:24:17,720 Speaker 2: sixty nine years old, sex, disability, religion, pregnancy, those can 559 00:24:17,760 --> 00:24:21,280 Speaker 2: all be different protected classes. Now here's the myth. I've 560 00:24:21,280 --> 00:24:23,240 Speaker 2: been getting a lot of things lately. Or people will 561 00:24:23,240 --> 00:24:24,720 Speaker 2: write me and be like, hey, I was laid off. 562 00:24:25,000 --> 00:24:26,600 Speaker 2: I think it was due to my age. But they 563 00:24:26,640 --> 00:24:28,800 Speaker 2: just happen to be the age and the protected class. 564 00:24:28,880 --> 00:24:32,040 Speaker 2: They don't have any actual like specific example of oh, 565 00:24:32,200 --> 00:24:34,880 Speaker 2: only everyone over forty was selected, or oh, a week 566 00:24:34,920 --> 00:24:37,080 Speaker 2: ago I reported I thought I was being discriminated against 567 00:24:37,080 --> 00:24:38,719 Speaker 2: because I'm the oldest on the team, and then they 568 00:24:38,800 --> 00:24:41,119 Speaker 2: laid me off. Those are all little triggering events we 569 00:24:41,160 --> 00:24:43,199 Speaker 2: want to look for if you just happen to be 570 00:24:43,359 --> 00:24:46,320 Speaker 2: in a protected class. But it's never been an issue, 571 00:24:46,680 --> 00:24:48,600 Speaker 2: Probably not much we can do unless we find out 572 00:24:48,640 --> 00:24:51,840 Speaker 2: something we didn't know, like behind the scenes information. Also, 573 00:24:51,960 --> 00:24:53,760 Speaker 2: you want to look that they're not laying off the 574 00:24:53,800 --> 00:24:56,520 Speaker 2: oldest people on the team, or laying off only the women, 575 00:24:56,680 --> 00:24:59,320 Speaker 2: or only the men, or only the people working from home. 576 00:24:59,400 --> 00:25:01,920 Speaker 2: Is in a comedy for the disability, It's so hard. 577 00:25:02,000 --> 00:25:04,920 Speaker 2: There's no like bright line test to see if you 578 00:25:05,040 --> 00:25:07,679 Speaker 2: might have been wrongfully fired. So what I would say is, 579 00:25:07,840 --> 00:25:10,840 Speaker 2: if you have a gut feeling, trust your gut, if 580 00:25:10,840 --> 00:25:13,119 Speaker 2: your spider sense is tingling, it's for a reason, and 581 00:25:13,280 --> 00:25:15,600 Speaker 2: just do some research and ask do not spit it 582 00:25:15,640 --> 00:25:18,120 Speaker 2: in chat GBT. Please Dear God, for the love of God, 583 00:25:18,160 --> 00:25:20,560 Speaker 2: do not do that, because you waive off privilege. And 584 00:25:20,600 --> 00:25:22,800 Speaker 2: if you do have a case and you sue the employer, 585 00:25:22,800 --> 00:25:24,960 Speaker 2: you might have to produce that like, hey, chat GBT, 586 00:25:25,080 --> 00:25:26,399 Speaker 2: do I have a case, we'll have to produce that. 587 00:25:26,720 --> 00:25:29,120 Speaker 2: So don't spit it into the internet, but do some 588 00:25:29,160 --> 00:25:31,960 Speaker 2: research if you think it's suspicious timing or it might 589 00:25:32,000 --> 00:25:34,960 Speaker 2: involve one of those protected classes, and you do usually 590 00:25:35,000 --> 00:25:37,760 Speaker 2: get a consideration period before you sign the severance. And 591 00:25:37,800 --> 00:25:40,080 Speaker 2: that's with the time where I'd immediately apply for unemployment, 592 00:25:40,359 --> 00:25:42,960 Speaker 2: immediately start doing research if I thought I was illegally fired, 593 00:25:43,200 --> 00:25:45,359 Speaker 2: And like a lot of us do the free consults. 594 00:25:45,520 --> 00:25:47,920 Speaker 2: It doesn't hurt to reach out and just see worst 595 00:25:47,960 --> 00:25:50,160 Speaker 2: case scenario. You email it to me, I say, yeah, 596 00:25:50,160 --> 00:25:52,600 Speaker 2: I don't hear anything, I would sign it. Or if 597 00:25:52,600 --> 00:25:54,600 Speaker 2: you're not going to talk with another lawyer, you know, 598 00:25:54,680 --> 00:25:56,439 Speaker 2: that's a pretty good bad case scenario if you can 599 00:25:56,480 --> 00:25:57,200 Speaker 2: still get some money. 600 00:25:57,680 --> 00:25:59,840 Speaker 1: The amount of people that are just like chat GP 601 00:26:00,240 --> 00:26:01,480 Speaker 1: you take the wheel. 602 00:26:01,359 --> 00:26:02,440 Speaker 3: It's just. 603 00:26:04,320 --> 00:26:05,520 Speaker 5: And this keeps happening online. 604 00:26:05,520 --> 00:26:07,439 Speaker 2: They'll be like, oh, she's just saying that because she 605 00:26:07,480 --> 00:26:11,000 Speaker 2: doesn't want her job to be automated. And no, I'm 606 00:26:11,040 --> 00:26:13,200 Speaker 2: saying that because like two years from now, when we're 607 00:26:13,240 --> 00:26:15,719 Speaker 2: fighting about is going to trial, they're gonna subpoenat all 608 00:26:15,760 --> 00:26:18,960 Speaker 2: of your CHATGYBT records and like anything you've ever spit 609 00:26:19,000 --> 00:26:21,040 Speaker 2: in there which people talk to it like a person 610 00:26:21,119 --> 00:26:24,840 Speaker 2: until their deepest, darkest secrets. Why I don't know, but yeah, 611 00:26:24,960 --> 00:26:28,119 Speaker 2: it's all discoverable, especially like if me, as the lawyer 612 00:26:28,200 --> 00:26:31,119 Speaker 2: sends you as the client something and you put in chatgybt, 613 00:26:31,280 --> 00:26:33,639 Speaker 2: it waives the privilege. Now they get access to that. 614 00:26:33,760 --> 00:26:36,560 Speaker 1: Oh my gosh, wow, good to know. 615 00:26:37,280 --> 00:26:39,760 Speaker 5: Yeah, do not put your legal things in chatgybt. 616 00:26:40,480 --> 00:26:43,159 Speaker 4: No, don't do that. Also, I think one of the 617 00:26:43,520 --> 00:26:46,399 Speaker 4: big things around a layoff too is like, yes, you 618 00:26:46,480 --> 00:26:48,400 Speaker 4: need to get your affairs in order as far as 619 00:26:48,440 --> 00:26:51,800 Speaker 4: like your money, your benefits, your cobra, all of that, 620 00:26:52,160 --> 00:26:54,880 Speaker 4: But there is such a mental aspect to this too. 621 00:26:55,400 --> 00:26:57,960 Speaker 4: Do you have advice for the best things that people 622 00:26:58,000 --> 00:27:01,520 Speaker 4: can do for their mental health during this time, because again, 623 00:27:01,560 --> 00:27:04,840 Speaker 4: it is a really confusing and disorienting moment. 624 00:27:05,440 --> 00:27:07,520 Speaker 2: Mental health is one of the most important things you 625 00:27:07,520 --> 00:27:09,800 Speaker 2: can manage in this kind of situation because it can 626 00:27:09,840 --> 00:27:12,560 Speaker 2: help you not spiral and think more clearly for how 627 00:27:12,600 --> 00:27:14,359 Speaker 2: you're going to move with next step. So I am 628 00:27:14,400 --> 00:27:16,920 Speaker 2: a big advocate of if you can do it, if 629 00:27:16,920 --> 00:27:19,320 Speaker 2: you can afford it and arrange for it, seek help 630 00:27:19,359 --> 00:27:23,280 Speaker 2: either through a counselor or psychiatrists. Again, not chut GPT. Okay, 631 00:27:23,480 --> 00:27:26,160 Speaker 2: some form of professional help that's going to tell you 632 00:27:26,200 --> 00:27:27,880 Speaker 2: and help you not spiral, and they can help put 633 00:27:27,920 --> 00:27:29,960 Speaker 2: things in place. Most of it's probably going to be 634 00:27:30,040 --> 00:27:32,280 Speaker 2: like talk therapy, where you walk through and you deal 635 00:27:32,320 --> 00:27:35,159 Speaker 2: with those shame thoughts or things like that. Sometimes I 636 00:27:35,200 --> 00:27:37,679 Speaker 2: have seen in layoff paperwork is where they'll have an 637 00:27:37,720 --> 00:27:41,960 Speaker 2: employee EAP program available for like thirty to sixty days 638 00:27:42,000 --> 00:27:44,720 Speaker 2: for the layoff class, or you can talk through those things, 639 00:27:45,040 --> 00:27:48,040 Speaker 2: or they'll have like job placement services also couched in 640 00:27:48,080 --> 00:27:50,800 Speaker 2: there too. That's going to depend on the company and 641 00:27:50,800 --> 00:27:53,480 Speaker 2: what they're offering and if a state law requires it 642 00:27:53,600 --> 00:27:55,359 Speaker 2: or not. But a lot of the bigger companies we 643 00:27:55,400 --> 00:27:58,199 Speaker 2: see them offer those benefits when they do the mass layoff. 644 00:27:58,320 --> 00:28:00,920 Speaker 2: So if it's available and pay for it, I would 645 00:28:00,920 --> 00:28:02,399 Speaker 2: sign up for that immediately. 646 00:28:03,160 --> 00:28:06,800 Speaker 4: And just to clarify, EAP stands for Employee Assistance Program. 647 00:28:07,119 --> 00:28:10,760 Speaker 2: Yeah, having resources or having a support group, those are 648 00:28:10,800 --> 00:28:12,679 Speaker 2: the things that you should look to so that you 649 00:28:12,680 --> 00:28:15,160 Speaker 2: don't spiral, because, like we said at the very beginning 650 00:28:15,160 --> 00:28:18,120 Speaker 2: of this, it's not a shameful thing. Layoffs happen. It's 651 00:28:18,160 --> 00:28:21,440 Speaker 2: nothing you did wrong. Probably it's just unfortunately how things go, 652 00:28:21,840 --> 00:28:24,480 Speaker 2: and so taking care of your mental health can help 653 00:28:24,520 --> 00:28:26,840 Speaker 2: you start the new place at the level up instead 654 00:28:26,880 --> 00:28:29,480 Speaker 2: of like beating yourself down ruminating on why you got 655 00:28:29,480 --> 00:28:31,879 Speaker 2: fired or all these things, and now you're starting at 656 00:28:31,880 --> 00:28:33,240 Speaker 2: a disadvantage and you hate yourself. 657 00:28:33,280 --> 00:28:33,840 Speaker 5: So don't do that. 658 00:28:34,480 --> 00:28:37,639 Speaker 4: No, it's also so competent. I feel like before it 659 00:28:37,720 --> 00:28:39,920 Speaker 4: used to be shameful for companies to do layoffs, and 660 00:28:39,960 --> 00:28:42,080 Speaker 4: now they almost brag about, like we let ten thousand 661 00:28:42,120 --> 00:28:44,040 Speaker 4: people go look at our stock price, and it's like, 662 00:28:44,480 --> 00:28:46,920 Speaker 4: what the hell, Like you should have some shame, not 663 00:28:47,040 --> 00:28:49,280 Speaker 4: you as a person, the company should have some shame 664 00:28:49,400 --> 00:28:52,320 Speaker 4: in like doing this practice. Oh we'll get off my 665 00:28:52,400 --> 00:28:54,080 Speaker 4: soapbox now, No, no. 666 00:28:53,960 --> 00:28:54,520 Speaker 1: Are you? 667 00:28:54,880 --> 00:28:57,440 Speaker 2: Yeah, it's funny you say that, because yeah, they are 668 00:28:57,520 --> 00:29:00,080 Speaker 2: proud of doing quarterly layoffs and things like that, and 669 00:29:00,080 --> 00:29:02,680 Speaker 2: then they march the hiring back up the next quarter. 670 00:29:03,040 --> 00:29:05,240 Speaker 2: That's why it's like nobody should read into it too much. 671 00:29:05,280 --> 00:29:07,840 Speaker 2: It's usually not a personal thing. It's just that you're 672 00:29:07,840 --> 00:29:10,280 Speaker 2: a number, unfortunately to a lot of these companies, and 673 00:29:10,360 --> 00:29:12,520 Speaker 2: sometimes that number gets laid off. But you should not 674 00:29:12,560 --> 00:29:14,280 Speaker 2: feel shame from being laid off. 675 00:29:14,560 --> 00:29:16,960 Speaker 3: Yeah, and the frustration is building because not to get 676 00:29:16,960 --> 00:29:19,040 Speaker 3: on my soapbox, but like, so many protections have been 677 00:29:19,040 --> 00:29:20,760 Speaker 3: taken away, and I'm curious to hear your thoughts as 678 00:29:20,800 --> 00:29:22,960 Speaker 3: an employment lawyer, but so many protections have been taken 679 00:29:22,960 --> 00:29:26,800 Speaker 3: away over the last sixty seventy years, Like pensions got 680 00:29:26,840 --> 00:29:28,600 Speaker 3: done away with and in its place got the four 681 00:29:28,640 --> 00:29:30,840 Speaker 3: O one K. But it's optional and some people didn't 682 00:29:30,840 --> 00:29:33,400 Speaker 3: take advantage of them, And a lot of protections are 683 00:29:33,400 --> 00:29:37,240 Speaker 3: built into contracts that employees assigned with employers, and so 684 00:29:37,560 --> 00:29:38,640 Speaker 3: at the end of the day, I feel like the 685 00:29:38,640 --> 00:29:40,480 Speaker 3: employees are getting the short end of the stick, and 686 00:29:40,560 --> 00:29:43,440 Speaker 3: so people's frustrations are obviously growing with that, and it 687 00:29:43,480 --> 00:29:46,480 Speaker 3: can be an incredibly difficult time, and I think it 688 00:29:46,560 --> 00:29:48,880 Speaker 3: really is best to put your best foot forward and 689 00:29:48,960 --> 00:29:50,800 Speaker 3: do what you can. Mental health is such a big 690 00:29:50,840 --> 00:29:52,760 Speaker 3: part of it, you know, it could be a stressful 691 00:29:52,800 --> 00:29:55,360 Speaker 3: time and taking some time to relax and chill out 692 00:29:55,360 --> 00:29:57,880 Speaker 3: as good, but just as important, I think as early 693 00:29:57,960 --> 00:30:00,200 Speaker 3: as you can is to set up what I I'd 694 00:30:00,240 --> 00:30:03,280 Speaker 3: like to call like an unemployment routine, which for me 695 00:30:03,360 --> 00:30:05,160 Speaker 3: that looked like one day I was just going to 696 00:30:05,280 --> 00:30:07,320 Speaker 3: update my resume and the next day I was going 697 00:30:07,400 --> 00:30:09,560 Speaker 3: to start even thinking about how I might build a 698 00:30:09,560 --> 00:30:11,720 Speaker 3: website for myself, you know, stuff like that. So I'm 699 00:30:11,760 --> 00:30:14,400 Speaker 3: curious to hear from you page, like what does a 700 00:30:14,440 --> 00:30:17,640 Speaker 3: good unemployment routine look like in your eyes? 701 00:30:18,400 --> 00:30:20,160 Speaker 2: Yeah, and I'll speak to this because you know how 702 00:30:20,200 --> 00:30:22,240 Speaker 2: we were joking off being popping off earlier. I got 703 00:30:22,240 --> 00:30:24,640 Speaker 2: fired once for popping off to a lawyer I worked for, 704 00:30:24,800 --> 00:30:25,920 Speaker 2: so I'll use that as an a game off. 705 00:30:26,040 --> 00:30:29,000 Speaker 5: Yes, Page, you know, I don't have to filter. 706 00:30:29,160 --> 00:30:31,760 Speaker 2: So I got fired once, and I treated getting a 707 00:30:31,800 --> 00:30:34,080 Speaker 2: new job like my job, so like nine to five, 708 00:30:34,240 --> 00:30:36,560 Speaker 2: I was clocked in once I updated things. I was 709 00:30:36,600 --> 00:30:39,720 Speaker 2: either applying for positions, asking people to network and connect, 710 00:30:39,760 --> 00:30:42,280 Speaker 2: because depending on your industry, that can be a pretty 711 00:30:42,280 --> 00:30:44,840 Speaker 2: easy way to get placed in a new position, especially 712 00:30:44,880 --> 00:30:46,600 Speaker 2: if you were laid off and not fired for cause. 713 00:30:47,080 --> 00:30:49,000 Speaker 2: So I treated it like my nine to five. You 714 00:30:49,000 --> 00:30:51,760 Speaker 2: don't want to apply just one place. Diversify where you're 715 00:30:51,800 --> 00:30:54,680 Speaker 2: applying because they have different algorithms, and that's kind of 716 00:30:54,720 --> 00:30:57,280 Speaker 2: so AI generated. Now, if you don't use the right buzzword, 717 00:30:57,360 --> 00:31:00,480 Speaker 2: your resume not even be viewed right and be one 718 00:31:00,480 --> 00:31:03,240 Speaker 2: of those you know, I know it's annoying, but post on. Indeed, 719 00:31:03,280 --> 00:31:07,000 Speaker 2: you don't have to be excited about being laid off, understandably, 720 00:31:07,120 --> 00:31:10,000 Speaker 2: but I think there's something to be said about posting like, hey, 721 00:31:10,040 --> 00:31:11,800 Speaker 2: it's sad news we got today that this is no 722 00:31:11,880 --> 00:31:12,880 Speaker 2: longer going to be a position. 723 00:31:13,240 --> 00:31:15,040 Speaker 5: I'm looking for work in this, this, and this. 724 00:31:15,120 --> 00:31:17,440 Speaker 2: I've heard a lot of people having success from even 725 00:31:17,680 --> 00:31:19,000 Speaker 2: doing something neutral like that. 726 00:31:19,160 --> 00:31:21,800 Speaker 5: I applied for every position, whether it was legal or not. 727 00:31:22,040 --> 00:31:23,600 Speaker 2: I was just trying to get a law firm on 728 00:31:23,640 --> 00:31:26,520 Speaker 2: my resume, especially because of how my employment ended and 729 00:31:26,560 --> 00:31:28,560 Speaker 2: mine was not in a nice way. I plied for 730 00:31:28,720 --> 00:31:32,240 Speaker 2: lawyer positions, paralegal, front desk, janitor. If it said law firm, 731 00:31:32,320 --> 00:31:35,080 Speaker 2: I was applying. Sometimes you just have to make that contact. 732 00:31:35,200 --> 00:31:36,960 Speaker 2: And that's what happened with one of the jobs is 733 00:31:37,360 --> 00:31:39,160 Speaker 2: they responded and they're like, well, we are hiring for 734 00:31:39,160 --> 00:31:40,960 Speaker 2: a lawyer, but we do have this, And I'm like, 735 00:31:40,960 --> 00:31:42,360 Speaker 2: if you could just get your foot in the door, 736 00:31:42,640 --> 00:31:45,200 Speaker 2: sometimes that might translate into a job, or am I 737 00:31:45,320 --> 00:31:47,360 Speaker 2: just translate into something that'll. 738 00:31:47,080 --> 00:31:48,160 Speaker 5: Help you later get a job. 739 00:31:48,240 --> 00:31:50,360 Speaker 2: But I treated it like my job to get a 740 00:31:50,360 --> 00:31:52,960 Speaker 2: new job, and it also was good for my mind, 741 00:31:53,080 --> 00:31:54,760 Speaker 2: like I felt like I was being productive and I 742 00:31:54,840 --> 00:31:56,200 Speaker 2: was doing things to help. 743 00:31:56,720 --> 00:31:59,080 Speaker 1: Yeah, I love that you said that. I couldn't agree more. 744 00:31:59,160 --> 00:32:01,280 Speaker 3: I have a lot of friends, unfortunately that are going 745 00:32:01,320 --> 00:32:03,880 Speaker 3: through this difficult time, and the number one thing that 746 00:32:03,920 --> 00:32:05,760 Speaker 3: I say to all of them is whatever you can 747 00:32:05,800 --> 00:32:08,520 Speaker 3: do to reach out to your network, to expand your network, 748 00:32:08,520 --> 00:32:11,520 Speaker 3: to go to networking events. I've never gotten a job 749 00:32:11,560 --> 00:32:14,280 Speaker 3: through applying to a job ever. I've only ever gotten 750 00:32:14,360 --> 00:32:16,000 Speaker 3: jobs through people that I knew, that I met, that 751 00:32:16,040 --> 00:32:19,200 Speaker 3: I worked with. Never burn bridges. Always show up and 752 00:32:19,240 --> 00:32:21,520 Speaker 3: do your best work because you just never ever know 753 00:32:21,960 --> 00:32:24,080 Speaker 3: where your next opportunity is going to come from. And 754 00:32:24,120 --> 00:32:26,480 Speaker 3: this is the time treating like your next job like 755 00:32:26,520 --> 00:32:27,120 Speaker 3: it is your job. 756 00:32:27,280 --> 00:32:29,200 Speaker 1: Getting your next job like it is your job is 757 00:32:29,240 --> 00:32:30,040 Speaker 1: a huge part of that. 758 00:32:30,440 --> 00:32:33,680 Speaker 4: Speaking of your next job too, how do you address 759 00:32:33,800 --> 00:32:37,880 Speaker 4: your layoff, whether that's on LinkedIn, on your resume or 760 00:32:37,920 --> 00:32:40,480 Speaker 4: in your future job interviews? Like, how should you be 761 00:32:40,560 --> 00:32:41,360 Speaker 4: talking about it? 762 00:32:42,120 --> 00:32:45,200 Speaker 2: I would not have any kind of shame or over 763 00:32:45,280 --> 00:32:47,400 Speaker 2: explain the layoff. A lot of employers are going to 764 00:32:47,480 --> 00:32:50,200 Speaker 2: understand that, especially in today's world, in this economy, they're 765 00:32:50,200 --> 00:32:52,760 Speaker 2: not that rare anymore, like we were talking about, So 766 00:32:53,000 --> 00:32:55,240 Speaker 2: just say it if you're in an interview and you 767 00:32:55,280 --> 00:32:57,120 Speaker 2: have a gap in your resume and they say, where 768 00:32:57,120 --> 00:32:58,880 Speaker 2: were you working from here to here? I was laid 769 00:32:58,920 --> 00:33:00,720 Speaker 2: off at this position, but I found work here after. 770 00:33:00,880 --> 00:33:02,400 Speaker 2: Or I'd love to work here, but we were laid 771 00:33:02,440 --> 00:33:04,560 Speaker 2: off here. Don't beat around the bush. Don't try to 772 00:33:04,600 --> 00:33:06,360 Speaker 2: ignore it or hide it. I think that's weird and 773 00:33:06,400 --> 00:33:08,160 Speaker 2: can come off as like a red flag to a 774 00:33:08,200 --> 00:33:11,160 Speaker 2: prospective employer. But just say what it is. You were 775 00:33:11,240 --> 00:33:13,960 Speaker 2: laid off with ex other people at the company, you 776 00:33:14,000 --> 00:33:16,680 Speaker 2: really liked working there. Don't bad talk your employer. Okay, 777 00:33:16,760 --> 00:33:19,120 Speaker 2: that's like going on a first date talking about your ex. 778 00:33:19,200 --> 00:33:22,040 Speaker 5: Don't do that. Okay, that's not going to look good. 779 00:33:22,120 --> 00:33:23,000 Speaker 5: That's not going to sound good. 780 00:33:23,400 --> 00:33:25,200 Speaker 2: Just be honest, Be like I was working here in 781 00:33:25,240 --> 00:33:28,160 Speaker 2: this department, our whole whatever was laid off, and I'd 782 00:33:28,160 --> 00:33:29,920 Speaker 2: love to work here, and I can do this and this, 783 00:33:30,000 --> 00:33:32,440 Speaker 2: Like just frame it that way. I would not come 784 00:33:32,480 --> 00:33:35,240 Speaker 2: in grumpy or with your real feelings or anything with 785 00:33:35,280 --> 00:33:37,479 Speaker 2: how you probably feel about being laid off, and just 786 00:33:37,480 --> 00:33:39,360 Speaker 2: be like, Yep, that's in the past, I'm ready for 787 00:33:39,400 --> 00:33:41,479 Speaker 2: new employment. That's how I would personally handle it. 788 00:33:42,000 --> 00:33:44,200 Speaker 4: On that note, too, Is it weird to talk nice 789 00:33:44,240 --> 00:33:47,360 Speaker 4: about your last employer, Like, I know you shouldn't talk 790 00:33:47,400 --> 00:33:50,640 Speaker 4: negatively about them, but is it weird to be like, Oh, 791 00:33:50,680 --> 00:33:53,360 Speaker 4: I'm so sad I was laid off. I loved that company. 792 00:33:53,560 --> 00:33:54,680 Speaker 4: What's your perspective on that? 793 00:33:55,280 --> 00:33:58,200 Speaker 2: Sure, as someone who interviews people for jobs, like if 794 00:33:58,200 --> 00:34:00,800 Speaker 2: they're looking to work with me, it's definitely a fine 795 00:34:00,840 --> 00:34:04,400 Speaker 2: line between being genuine if you really did like where 796 00:34:04,400 --> 00:34:07,120 Speaker 2: you were working, or just being like pleasant and neutral 797 00:34:07,160 --> 00:34:09,320 Speaker 2: and like, you know, a normal part of the conversation. 798 00:34:09,840 --> 00:34:12,080 Speaker 2: So I would not go on and on about how 799 00:34:12,080 --> 00:34:12,879 Speaker 2: you love your old place. 800 00:34:13,000 --> 00:34:13,799 Speaker 1: Let's stick with the X. 801 00:34:14,920 --> 00:34:15,600 Speaker 5: Think of the date. 802 00:34:15,640 --> 00:34:17,480 Speaker 2: Would your new date like to hear how much you 803 00:34:17,520 --> 00:34:19,920 Speaker 2: missed your ex? Probably not, But would they like to 804 00:34:19,920 --> 00:34:22,320 Speaker 2: hear you didn't try to light their car on fire? Yeah, 805 00:34:22,360 --> 00:34:24,960 Speaker 2: So like I would just stick to like, we liked 806 00:34:25,000 --> 00:34:27,759 Speaker 2: working there, but for whatever reason it didn't work out. 807 00:34:27,800 --> 00:34:29,920 Speaker 2: I wouldn't spend a lot of time looking at the 808 00:34:29,960 --> 00:34:32,719 Speaker 2: past again pivot toward being like, this is why un 809 00:34:32,719 --> 00:34:35,160 Speaker 2: employment ended there, this is what I was working on there, 810 00:34:35,200 --> 00:34:37,359 Speaker 2: like these skills or these projects, and this is why 811 00:34:37,360 --> 00:34:39,040 Speaker 2: I'd like to do it for your company. I noticed 812 00:34:39,080 --> 00:34:41,000 Speaker 2: you have this in this just try to see how 813 00:34:41,000 --> 00:34:42,880 Speaker 2: you could flow that in. But it has to be 814 00:34:42,960 --> 00:34:45,239 Speaker 2: genuine or it's going to come off weird. Right If 815 00:34:45,280 --> 00:34:47,520 Speaker 2: you just go on and on how much you liked 816 00:34:47,520 --> 00:34:49,560 Speaker 2: working there, you can do too much. A little goes 817 00:34:49,600 --> 00:34:51,759 Speaker 2: a long way when you're talking about your ex in 818 00:34:51,800 --> 00:34:53,160 Speaker 2: any setting, I think. 819 00:34:53,239 --> 00:34:58,920 Speaker 3: Yeah, And i'd say this, especially to my fellow high 820 00:34:59,000 --> 00:35:03,200 Speaker 3: EQ people out. Their emotions really don't serve you well 821 00:35:03,239 --> 00:35:06,600 Speaker 3: in moments like this. In America, it's just a thing. 822 00:35:06,960 --> 00:35:09,440 Speaker 3: We tie a lot of our identity to our jobs, 823 00:35:09,920 --> 00:35:13,360 Speaker 3: so much so that getting laid off can feel deeply personal. 824 00:35:13,640 --> 00:35:15,879 Speaker 3: But as hard as it is, try to approach these 825 00:35:15,880 --> 00:35:21,839 Speaker 3: situations as unemotionally as possible. Don't burn bridges, don't react impulsively, 826 00:35:22,360 --> 00:35:25,960 Speaker 3: and always stay professional and positive. That mindset goes a 827 00:35:26,000 --> 00:35:28,920 Speaker 3: really long way, whether you're leaving a job or interviewing 828 00:35:28,920 --> 00:35:30,680 Speaker 3: for the next one. 829 00:35:32,680 --> 00:35:34,000 Speaker 5: I would also do interviews. 830 00:35:34,040 --> 00:35:37,400 Speaker 2: You don't necessarily want as practice to not be emotional 831 00:35:37,440 --> 00:35:38,960 Speaker 2: for the ones that you do, And I know a 832 00:35:38,960 --> 00:35:41,200 Speaker 2: lot of people probably aren't turning down job offers in 833 00:35:41,239 --> 00:35:43,759 Speaker 2: our economy right now, but I would do interviews with 834 00:35:43,800 --> 00:35:45,760 Speaker 2: whoever responds to you, even if you're not one hundred 835 00:35:45,760 --> 00:35:48,359 Speaker 2: percent interested in it, because maybe that's where you'll get 836 00:35:48,360 --> 00:35:51,120 Speaker 2: that venting or that little emotion part out and you're like, ah, 837 00:35:51,160 --> 00:35:52,480 Speaker 2: I don't want to do that when I want this 838 00:35:52,560 --> 00:35:54,560 Speaker 2: important interview for the job I really want. So I 839 00:35:54,560 --> 00:35:57,239 Speaker 2: would just take everything like a practice opportunity when you're 840 00:35:57,239 --> 00:35:57,960 Speaker 2: in that transition. 841 00:35:58,400 --> 00:36:01,120 Speaker 3: I think in all things, keeping emotion toned when it 842 00:36:01,160 --> 00:36:02,480 Speaker 3: comes to employment is good advice. 843 00:36:02,640 --> 00:36:04,840 Speaker 1: Be a chill dude. Just chill out. 844 00:36:06,560 --> 00:36:06,840 Speaker 5: Again. 845 00:36:06,880 --> 00:36:09,200 Speaker 2: Back to the dating example. You got to act like 846 00:36:09,239 --> 00:36:11,400 Speaker 2: you want it less than they do. That way, you 847 00:36:11,400 --> 00:36:13,520 Speaker 2: have negotiating power if you want to raise Yeah, because 848 00:36:13,520 --> 00:36:15,680 Speaker 2: if they think you will leave, maybe they'll pay you more. 849 00:36:16,120 --> 00:36:17,800 Speaker 5: Or if they know that you're really. 850 00:36:17,600 --> 00:36:19,560 Speaker 2: Like the work from home schedule and you're never gonna leave, 851 00:36:19,600 --> 00:36:20,799 Speaker 2: they're gonna abuse you with that. 852 00:36:21,120 --> 00:36:22,080 Speaker 5: I totally agree. 853 00:36:22,200 --> 00:36:22,960 Speaker 1: Yeah, Paige. 854 00:36:22,960 --> 00:36:25,600 Speaker 4: Wait, and you were talking before about treating unemployment like 855 00:36:25,640 --> 00:36:27,880 Speaker 4: your full time job in the day, like nine to 856 00:36:27,920 --> 00:36:31,719 Speaker 4: five is dedicated to networking and sending resumes. I'll add 857 00:36:31,719 --> 00:36:34,680 Speaker 4: to that too. Use the evenings or the mornings or 858 00:36:34,680 --> 00:36:37,560 Speaker 4: whatever your lunch break for your hobbies as well, because 859 00:36:37,600 --> 00:36:40,400 Speaker 4: like that's a great time to still have that balance. 860 00:36:40,440 --> 00:36:43,880 Speaker 4: And then also you're like, wait, I love knitting, should 861 00:36:43,880 --> 00:36:46,839 Speaker 4: I be a professional scarf maker? Like maybe you should be. 862 00:36:46,840 --> 00:36:49,160 Speaker 1: On TikTok Yes exactly, yes. 863 00:36:48,960 --> 00:36:52,719 Speaker 2: Exactly, and you can make money off your videos of knitting. Yes, yeah, 864 00:36:52,920 --> 00:36:54,840 Speaker 2: that's great to add. Yeah, I think that helps you 865 00:36:54,920 --> 00:36:57,560 Speaker 2: not spiral and lose yourself if you keep a structure, 866 00:36:57,719 --> 00:37:01,040 Speaker 2: keep your hobbies, absolutely, but any way you could diversify 867 00:37:01,080 --> 00:37:03,560 Speaker 2: your income. It can make you bolder in that period 868 00:37:03,600 --> 00:37:05,200 Speaker 2: if you can have something else to rely on. 869 00:37:05,320 --> 00:37:05,680 Speaker 5: Yeah. 870 00:37:05,719 --> 00:37:06,480 Speaker 1: Absolutely, well. 871 00:37:06,480 --> 00:37:09,520 Speaker 4: Put and just to put a bow on this whole topic, 872 00:37:09,680 --> 00:37:12,120 Speaker 4: can you share just a few final thoughts on how 873 00:37:12,120 --> 00:37:13,640 Speaker 4: to react if you get laid off. 874 00:37:14,120 --> 00:37:16,360 Speaker 2: I think the most important thing is do not be 875 00:37:16,520 --> 00:37:19,239 Speaker 2: your own worst enemy if you get laid off. This 876 00:37:19,320 --> 00:37:21,440 Speaker 2: isn't a you thing. This is just a business thing. 877 00:37:21,760 --> 00:37:24,120 Speaker 2: Let's hit the ground running and apply. Don't sit there 878 00:37:24,120 --> 00:37:26,080 Speaker 2: and wallow for months. You're not going to help yourself 879 00:37:26,120 --> 00:37:28,200 Speaker 2: with that, and you're going to give yourself a disadvantage. 880 00:37:28,320 --> 00:37:30,160 Speaker 2: That's the only thing that I would like to add 881 00:37:30,560 --> 00:37:32,520 Speaker 2: is take it as a blessing in disguise and move 882 00:37:32,560 --> 00:37:34,960 Speaker 2: forward from there. It really depends on your attitude and 883 00:37:35,000 --> 00:37:36,799 Speaker 2: it's going to come across in your interviews. When you're 884 00:37:36,800 --> 00:37:39,440 Speaker 2: looking for new employment, you have to just be okay 885 00:37:39,480 --> 00:37:41,560 Speaker 2: with it and move on. And so take the steps 886 00:37:41,560 --> 00:37:44,279 Speaker 2: you need to do to get there and then start applying. Great, 887 00:37:44,800 --> 00:37:48,799 Speaker 2: And when are the times that somebody would need an 888 00:37:48,840 --> 00:37:53,120 Speaker 2: employment lawyer? I think anytime that something weird is happening 889 00:37:53,120 --> 00:37:55,560 Speaker 2: at work. You don't have to be fired to contact 890 00:37:55,600 --> 00:37:58,080 Speaker 2: an employment lawyer. And in fact, sometimes we can help 891 00:37:58,200 --> 00:38:01,440 Speaker 2: before it even gets there. If someone needs accommodations and 892 00:38:01,480 --> 00:38:03,480 Speaker 2: you reach out to me because they're not giving them 893 00:38:03,480 --> 00:38:05,919 Speaker 2: to you, I can send you the language that kind 894 00:38:05,920 --> 00:38:08,600 Speaker 2: of scares them. Boom, you're accommodated. Never have to see 895 00:38:08,640 --> 00:38:10,600 Speaker 2: me again. That's great. I hope you have a great life. 896 00:38:10,840 --> 00:38:13,280 Speaker 2: Don't wait for the bad thing to have already happened 897 00:38:13,360 --> 00:38:16,359 Speaker 2: to contact a lawyer. Like most of us work on contingency. 898 00:38:16,600 --> 00:38:19,319 Speaker 2: Most of us provide free consultations. Just reach out and 899 00:38:19,360 --> 00:38:21,320 Speaker 2: be like, hey, this is weird stuff happening at work. 900 00:38:21,600 --> 00:38:23,399 Speaker 2: I don't know if it'll be a thing or not. Again, 901 00:38:23,400 --> 00:38:25,279 Speaker 2: it's better to be proactive. So if you think you 902 00:38:25,360 --> 00:38:27,120 Speaker 2: might need a lawyer, I would not delay it. I 903 00:38:27,120 --> 00:38:29,320 Speaker 2: would reach out before the bad thing happens. 904 00:38:29,680 --> 00:38:31,440 Speaker 3: Yeah, and I just wanted to quickly shout this out 905 00:38:31,480 --> 00:38:34,120 Speaker 3: because I think it matters so much when lawyers work 906 00:38:34,160 --> 00:38:37,879 Speaker 3: on contingency. There are so many situations when people need 907 00:38:37,960 --> 00:38:41,239 Speaker 3: legal help, but the system is built around representing the 908 00:38:41,280 --> 00:38:45,440 Speaker 3: companies with money. I've looked for tenants rights lawyers before 909 00:38:45,760 --> 00:38:49,600 Speaker 3: and realize that most of them represent the landlords. It's 910 00:38:49,640 --> 00:38:51,520 Speaker 3: the same thing with healthcare. When my wife and I 911 00:38:51,560 --> 00:38:54,120 Speaker 3: were dealing with insurance issues during her pregnancy, I tried 912 00:38:54,160 --> 00:38:58,120 Speaker 3: finding someone focused on patience rights and it was surprisingly difficult. 913 00:38:58,560 --> 00:39:01,720 Speaker 3: So having attorneys who can actually advocate for regular people 914 00:39:01,880 --> 00:39:04,520 Speaker 3: and make it financially possible to pursue a case, it's 915 00:39:04,520 --> 00:39:07,239 Speaker 3: incredibly important. So seriously, paiged thank you so much for 916 00:39:07,320 --> 00:39:08,000 Speaker 3: doing this work. 917 00:39:08,160 --> 00:39:10,600 Speaker 2: I'm glad you could put some information together and hopefully 918 00:39:10,640 --> 00:39:12,520 Speaker 2: help people navigate getting laid off. 919 00:39:12,640 --> 00:39:13,680 Speaker 5: It's not the end of the world. 920 00:39:18,920 --> 00:39:21,360 Speaker 4: As always, I learned a ton, so thank you so 921 00:39:21,440 --> 00:39:24,080 Speaker 4: much to Paige Sparks from Sparks Legal. You can find 922 00:39:24,120 --> 00:39:26,040 Speaker 4: her online and on TikTok. 923 00:39:25,800 --> 00:39:28,880 Speaker 3: And if you happen to find yourself currently unemployed, maybe 924 00:39:29,040 --> 00:39:30,879 Speaker 3: join us again in two weeks where we'll be talking 925 00:39:30,920 --> 00:39:33,880 Speaker 3: about all the things you need to know to travel internationally. 926 00:39:34,200 --> 00:39:36,920 Speaker 4: First step, get yourself a passport. If you don't already 927 00:39:36,960 --> 00:39:41,520 Speaker 4: have one, you'll want it. I'm Leah Palmery. This episode 928 00:39:41,560 --> 00:39:45,400 Speaker 4: was produced by Pamela Lawrence. Our post producer is Sierra Spreen, 929 00:39:45,680 --> 00:39:47,720 Speaker 4: with additional engineering by Mac Wido 930 00:39:48,160 --> 00:39:50,080 Speaker 3: And a special thank you to all our teammates at 931 00:39:50,160 --> 00:39:53,960 Speaker 3: Ruby's Studio, including Sarah You, Ethan Fixel, Rachel Swan Krasnov, 932 00:39:54,040 --> 00:39:57,760 Speaker 3: Lydia Kim and Medylan Harper, Wayne, Deborah Garrett, and mister 933 00:39:57,920 --> 00:40:07,840 Speaker 3: Andy Kelly