Am I Being Pushed Out?

I noted in my last post that California is an employment “At Will” state, so it’s virtually impossible to fire someone on the spot. Whenever I’ve tried to do so, HR has always slapped my hand. Except in cases of gross misconduct companies will almost never fire anyone on short notice.

It’s basically a liability issue. The employee may find an excuse to sue the company claiming they were unfairly let go. “At Will” employment rules do have exceptions, and disgruntled terminated employees (is there any other kind?) and their lawyers have habit of exploiting these laws to the fullest.

Sometimes I wonder if I shouldn’t have become an employment lawyer. They seem to be always busy either suing companies or sitting back and counting their money. Hopefully they won’t sue me for this post.

As a result of worry over legal action, companies are quite methodical and deliberate when they want to terminate someone. The manager has to build up a strong case and document performance problems with the employee. The employee will also typically be given at least one verbal warning and then a written warning.

So what does it mean if you are presented with a written warning? Well, to begin with it shouldn’t come as a total surprise. You will most likely have received verbal warnings already, though it might not have been explicitly stated as such. You might not even have taken them seriously, dismissing them as a cantankerous boss just venting steam.

However, when it gets to the point of a written warning, it’s definitely serious. Basically this is one of those few times where you’re justified in being paranoid. Your bosses really do have it in for you, and they are building up a case file to cover their backs.

At this point you’re on borrowed time – a written warning typically gives you 30 days to shape up or ship out. And it’s a rare situation indeed where 30 days is enough for a person to show dramatic improvement, which is what it usually takes to get your neck out of the noose.

Furthermore, in many cases your bosses won’t even care if you do show improvement, as they will have already made the decision to show you the door after the 30 days. So your best bet is really to polish up your resume and start actively looking for a new job.