1
00:00:02,600 --> 00:00:05,160
Welcome back to the Bringing the
human Back to Human resources 

2
00:00:05,160 --> 00:00:08,880
podcast, The Replay series. 
I'm your host, Tracy Turn off, 

3
00:00:08,880 --> 00:00:12,080
and I'm thrilled to have you 
join us once again as we journey

4
00:00:12,080 --> 00:00:14,840
through the episodes that have 
top charts around the world. 

5
00:00:15,240 --> 00:00:17,800
In this podcast series, we're 
revisiting some of our most 

6
00:00:17,800 --> 00:00:21,200
insightful, thought provoking, 
and transformative conversations

7
00:00:21,200 --> 00:00:24,640
with industry experts, thought 
leaders, and practitioners. 

8
00:00:25,200 --> 00:00:28,400
These episodes have made waves, 
sparking meaningful conversation

9
00:00:28,400 --> 00:00:31,360
and inspiring positive change 
throughout human resources. 

10
00:00:31,840 --> 00:00:34,120
Whether you're a dedicated 
listener who's been with us from

11
00:00:34,120 --> 00:00:37,280
the start or you're just tuning 
in for the first time, the 

12
00:00:37,280 --> 00:00:40,240
Replay series offers a chance to
dive deep into the core 

13
00:00:40,240 --> 00:00:43,800
principles that guide our 
exploration into HR practices. 

14
00:00:44,200 --> 00:00:47,520
So get ready to rediscover the 
discussions that continue to 

15
00:00:47,520 --> 00:00:50,800
shape the future of HR. 
Without further ado, let's step 

16
00:00:50,800 --> 00:00:53,960
back in time and immerse 
ourselves into the podcasts top 

17
00:00:53,960 --> 00:00:56,360
charted episodes. 
Let the replay begin. 

18
00:00:57,040 --> 00:00:59,440
Hi everyone, welcome back to the
Bringing the human back to human

19
00:00:59,440 --> 00:01:01,360
Resources podcast. 
Thank you so much for being here

20
00:01:01,360 --> 00:01:03,840
for another week. 
This is probably the most 

21
00:01:03,840 --> 00:01:08,040
interesting episode that I have 
ever done because I know that 

22
00:01:08,440 --> 00:01:12,920
most of the guests I think that 
I've had on before have been 

23
00:01:13,920 --> 00:01:16,680
pretty aligned with like HR and 
what we do. 

24
00:01:16,920 --> 00:01:20,920
But this week I actually have 
Dan Goodman who is the counter 

25
00:01:20,920 --> 00:01:23,480
to HR. 
And he's the counter to HR 

26
00:01:23,480 --> 00:01:25,880
because he advocates for 
employees when they don't have 

27
00:01:25,880 --> 00:01:29,320
anyone else to depend on. 
And often when there are 

28
00:01:29,920 --> 00:01:34,200
unfortunately HR professionals 
who really are not doing the 

29
00:01:34,200 --> 00:01:37,120
right thing in businesses or are
doing things that they believe 

30
00:01:37,520 --> 00:01:40,920
are the right way to go about 
things and therefore not 

31
00:01:40,920 --> 00:01:43,720
supporting employees. 
So we're going to, it might be a

32
00:01:43,720 --> 00:01:46,120
little divisive. 
Some people might, you know, 

33
00:01:46,120 --> 00:01:49,840
get, I don't know, maybe even a 
little defensive when they're 

34
00:01:49,840 --> 00:01:52,160
listening. 
But I think that's OK because 

35
00:01:52,160 --> 00:01:56,320
this is Dan, you're probably the
first voice that we have had on 

36
00:01:56,320 --> 00:01:59,640
this podcast who really 
challenges us to think 

37
00:01:59,920 --> 00:02:05,200
differently about HR, about what
we do, who we are, and reminds 

38
00:02:05,200 --> 00:02:09,240
us that unfortunately, there are
practitioners out there who are 

39
00:02:09,240 --> 00:02:11,000
who do live up to some of these 
stigma. 

40
00:02:11,000 --> 00:02:15,840
So I'm going to introduce Dan so
everyone knows who you are and 

41
00:02:16,000 --> 00:02:19,240
what you do. 
So Dan Goodman has dedicated his

42
00:02:19,240 --> 00:02:21,400
life to standing up for people 
who need help. 

43
00:02:21,600 --> 00:02:25,120
He prides himself on being 
unafraid to speak the truth and 

44
00:02:25,120 --> 00:02:27,120
empowering others to advocate 
for themselves. 

45
00:02:27,480 --> 00:02:29,960
For decades, people have been 
conditioned to believe that they

46
00:02:29,960 --> 00:02:32,360
are at the mercy of their 
employer and that their company 

47
00:02:32,360 --> 00:02:34,200
holds all of the power in the 
relationship. 

48
00:02:34,520 --> 00:02:36,600
Dan challenges that notion every
day. 

49
00:02:36,920 --> 00:02:39,680
What started as Dan helping a 
few people he cared about in 

50
00:02:39,680 --> 00:02:42,520
disputes with their employers 
has turned into Dan Goodman 

51
00:02:42,520 --> 00:02:46,520
Employment Advisory DGEA. 
A veteran of corporate America 

52
00:02:46,520 --> 00:02:50,600
himself, Dan has seen company 
game games and tactics, excuse 

53
00:02:50,600 --> 00:02:53,000
me, inside and out in the 
business world. 

54
00:02:53,000 --> 00:02:55,960
He held senior positions in 
cybersecurity, enterprise 

55
00:02:55,960 --> 00:02:58,520
software and executive 
consulting. 

56
00:02:58,840 --> 00:03:01,160
At DGEA. 
He has successfully helped over 

57
00:03:01,160 --> 00:03:03,720
2000 people during critical 
interactions with their 

58
00:03:03,720 --> 00:03:07,600
employer, bringing over 30 plus 
years of experience to his 

59
00:03:07,600 --> 00:03:10,280
passion. 
DGEA was formed the company 

60
00:03:10,280 --> 00:03:14,480
launched February 2023 and has 
served over 800 plus clients 

61
00:03:14,480 --> 00:03:17,840
since its inception. 
Dan combines his extensive 

62
00:03:17,840 --> 00:03:21,800
experience, empathy and business
acumen into unique approach that

63
00:03:21,800 --> 00:03:24,360
helps employees navigate the 
challenges of corporate life. 

64
00:03:24,880 --> 00:03:29,040
Prior to DGEA, Dan launched True
Commish in 2019, a service that 

65
00:03:29,040 --> 00:03:31,760
allows any salesperson to audit 
their own commissions. 

66
00:03:32,120 --> 00:03:34,760
At True Commission, Dan helped 
top performing salespeople 

67
00:03:34,760 --> 00:03:38,320
successfully reclaim hundreds of
thousands of dollars from their 

68
00:03:38,320 --> 00:03:40,440
employers. 
To this day, True Commission 

69
00:03:40,440 --> 00:03:43,680
remains a free resource for 
anyone to use for a review of 

70
00:03:43,680 --> 00:03:46,280
their commissions or new sales 
compensation plans. 

71
00:03:46,880 --> 00:03:49,560
Dan also has an MBA in 
Entrepreneurial Studies from 

72
00:03:49,560 --> 00:03:52,760
Babson College and ABBA in 
Finance from the University of 

73
00:03:52,760 --> 00:03:56,040
Massachusetts at Amherst. 
Dan has also been married to his

74
00:03:56,040 --> 00:03:59,000
lovely wife for 32 years and has
three children. 

75
00:03:59,200 --> 00:04:01,800
He's an avid fan of Boston 
sports, which we won't get into 

76
00:04:01,840 --> 00:04:04,280
since I'm a New York sports fan,
but I'm not a Yankee fan, so we 

77
00:04:04,280 --> 00:04:06,640
can agree on that it. 
Was a good night last night 

78
00:04:06,680 --> 00:04:07,920
then. 
Yeah, it was a good, it was a 

79
00:04:07,920 --> 00:04:09,440
good night for everyone but the 
Yankees. 

80
00:04:09,440 --> 00:04:12,600
Exactly. 
He also cherishes summers and 

81
00:04:12,680 --> 00:04:14,560
golf on Cape Cod. 
Lovely. 

82
00:04:14,560 --> 00:04:17,600
Love that, and loves a morning 
walk with his beloved furry 

83
00:04:17,600 --> 00:04:21,079
companion, Sawyer. 
So Dan, welcome and I'm so 

84
00:04:21,079 --> 00:04:24,880
excited that we have a counter 
to HR officially on the podcast.

85
00:04:25,280 --> 00:04:27,280
Well, Tracy, thank you so much 
for that introduction. 

86
00:04:27,280 --> 00:04:30,080
I'm really excited to be here. 
I just wanted to make one little

87
00:04:30,080 --> 00:04:33,480
edit to the to the introduction.
We are now up to almost 1800 

88
00:04:33,480 --> 00:04:37,320
clients helping DGA since we 
started that 2 February's ago. 

89
00:04:37,320 --> 00:04:39,040
So really excited. 
About. 

90
00:04:39,400 --> 00:04:43,520
That I got to update the web. 
Well, you've been busy growing 

91
00:04:43,520 --> 00:04:47,800
by more than 1000 clients, so I 
can understand why it's not 100%

92
00:04:47,800 --> 00:04:48,920
updated. 
That's amazing. 

93
00:04:48,920 --> 00:04:52,160
Well, kudos to you. 
And I think it for anyone that 

94
00:04:52,160 --> 00:04:55,800
is a a reasonable person and 
especially a a good HR 

95
00:04:55,800 --> 00:04:59,640
practitioner, any, I think 
anyone that is out to help 

96
00:04:59,960 --> 00:05:04,400
employees during difficult times
or during changes or navigating 

97
00:05:04,400 --> 00:05:08,760
changes, I think that's a really
wonderful thing because it, you 

98
00:05:08,760 --> 00:05:11,520
know, we're going to get into 
this, but there are a lot of 

99
00:05:11,520 --> 00:05:15,560
things that happen to employees 
over the course of or the span 

100
00:05:15,560 --> 00:05:18,800
of an employee life cycle that 
don't always feel so great. 

101
00:05:19,160 --> 00:05:22,600
And those moments, you know, if 
you have an advocate or if you 

102
00:05:22,600 --> 00:05:24,760
have someone that you can rely 
on, whether inside the 

103
00:05:24,760 --> 00:05:27,440
organization or outside, I think
that's a great thing. 

104
00:05:28,040 --> 00:05:31,400
So with that, maybe we should 
just dive right in. 

105
00:05:31,640 --> 00:05:36,160
Tell us a little bit about where
this term or phrase like counter

106
00:05:36,240 --> 00:05:40,560
HR came from and why this 
advocating for employees is your

107
00:05:40,560 --> 00:05:43,520
mission. 
Well, the, the, the term 

108
00:05:43,520 --> 00:05:46,120
actually came from a client that
I was working with before I even

109
00:05:46,120 --> 00:05:49,400
formally started the business. 
I was basically helping people 

110
00:05:49,400 --> 00:05:53,080
for about 6 months at no charge 
just to sort of navigate and 

111
00:05:53,080 --> 00:05:54,960
review severances and things 
like that. 

112
00:05:54,960 --> 00:05:57,440
So they kind of said, you know 
what, you really are like a 

113
00:05:57,440 --> 00:06:00,000
counter to HR and I, I loved it 
and it stuck. 

114
00:06:00,000 --> 00:06:02,160
So I, I kept that on my, on my 
banner. 

115
00:06:02,920 --> 00:06:05,560
I'm just someone who always 
likes to challenge things. 

116
00:06:05,840 --> 00:06:09,400
I was, you know, if, if you ask 
something, you're told because 

117
00:06:09,400 --> 00:06:12,240
it just rubs me the wrong way. 
It always has since I was a kid.

118
00:06:13,200 --> 00:06:16,080
And I just think that everyone 
deserves transparency and 

119
00:06:16,080 --> 00:06:19,040
honesty and fairness and being 
playing off the same page. 

120
00:06:19,040 --> 00:06:21,760
And I really hate it when people
that are taken advantage of 

121
00:06:21,760 --> 00:06:24,760
based on misinformation or 
intentional a lack of 

122
00:06:24,760 --> 00:06:27,640
information. 
So that's kind of why I've, I 

123
00:06:27,640 --> 00:06:31,560
was shocked about the landscape 
and how employers have taken 

124
00:06:31,560 --> 00:06:33,280
advantage of employees for so 
long. 

125
00:06:33,280 --> 00:06:36,840
And I wanted to step up and be 
that advocate and resource for 

126
00:06:36,840 --> 00:06:38,480
people to not have to go at it 
alone. 

127
00:06:38,920 --> 00:06:40,400
I agree. 
I think that's awesome. 

128
00:06:40,400 --> 00:06:43,400
And you know, you're right. 
There are so many and there 

129
00:06:43,400 --> 00:06:46,880
unfortunately are still so many 
examples of people being taken 

130
00:06:46,880 --> 00:06:50,880
advantage of in the workforce. 
And this is where these stigmas 

131
00:06:50,880 --> 00:06:54,120
come from, especially with 
colleagues of mine in the 

132
00:06:54,120 --> 00:06:55,960
industry. 
I mean, I've shared on my 

133
00:06:55,960 --> 00:07:00,880
podcast before in the early 
stages that some of the best 

134
00:07:00,880 --> 00:07:03,800
learning lessons that I'd ever 
received throughout my career 

135
00:07:04,040 --> 00:07:08,200
were were from moments where I 
interacted with HR leaders. 

136
00:07:08,200 --> 00:07:11,720
I never wanted to be like. 
And so we know that those 

137
00:07:11,720 --> 00:07:14,240
Sigma's are real. 
Like the whole reason I started 

138
00:07:14,240 --> 00:07:18,080
this podcast was because I've 
found that there was a major gap

139
00:07:18,080 --> 00:07:23,440
and a major issue between what I
believe we're supposed to do for

140
00:07:23,440 --> 00:07:26,200
employees, which is very 
aligning, I think, with your 

141
00:07:26,200 --> 00:07:31,200
mission and what many HR 
practitioners often do or feel 

142
00:07:31,200 --> 00:07:34,240
they have to do. 
And so I'm curious. 

143
00:07:34,240 --> 00:07:37,880
I know when you and I spoke 
offline, we talked a lot about 

144
00:07:39,720 --> 00:07:44,800
really how employees can 
navigate layoff moments, 

145
00:07:44,800 --> 00:07:47,360
severance and things like that. 
And, and I bring it up because 

146
00:07:47,360 --> 00:07:50,240
we are in the midst of a layoff 
series on my podcast. 

147
00:07:50,240 --> 00:07:53,280
And so you are actually closing 
out this series for us because 

148
00:07:53,280 --> 00:07:56,240
naturally severance and 
separation agreements are the 

149
00:07:56,240 --> 00:07:59,680
last step, unfortunately, in a 
layoff process. 

150
00:08:00,560 --> 00:08:03,440
But I know that one of the 
things that you do support 

151
00:08:03,560 --> 00:08:07,800
employees with in DGA is 
navigating their severance, 

152
00:08:07,800 --> 00:08:10,960
navigating the terms of their 
separation agreements. 

153
00:08:11,200 --> 00:08:15,600
What are some things that you 
often see that are examples of 

154
00:08:15,600 --> 00:08:17,560
people potentially being taken 
advantage of? 

155
00:08:17,560 --> 00:08:22,840
And counter to that, what are 
some things that you often 

156
00:08:22,840 --> 00:08:27,760
advise people look out for or do
if they are in the midst of this

157
00:08:27,760 --> 00:08:31,680
process to receive a severance 
once they sign a separation 

158
00:08:31,680 --> 00:08:34,200
agreement? 
Absolutely, absolutely. 

159
00:08:34,400 --> 00:08:36,799
The first and most important 
thing is to really understand 

160
00:08:37,120 --> 00:08:39,280
what severance is about and why 
it's offered. 

161
00:08:39,880 --> 00:08:42,840
It's literally misrepresented in
a massive way. 

162
00:08:43,880 --> 00:08:47,400
The the employee has something 
the employer seeks and is 

163
00:08:47,400 --> 00:08:48,640
willing to pay a lot of money 
for. 

164
00:08:49,280 --> 00:08:51,760
Thousands, 10s of thousands. 
I've had clients who've gotten 

165
00:08:51,760 --> 00:08:54,040
hundreds of thousands of dollars
for signing their severance 

166
00:08:54,040 --> 00:08:56,200
agreement. 
So the first thing is to sort of

167
00:08:56,200 --> 00:09:00,120
level the playing field to be on
the same playing field that you 

168
00:09:00,120 --> 00:09:03,120
have something the employer 
seeks your, your name on a, on a

169
00:09:03,120 --> 00:09:06,240
release of liability and claims 
your promise to never sue. 

170
00:09:07,200 --> 00:09:09,640
In essence, once you sign a 
severance is it's as if you 

171
00:09:09,640 --> 00:09:12,640
never existed to the company. 
You're giving up all your rights

172
00:09:12,640 --> 00:09:15,400
and all your claims. 
They presented as the opposite. 

173
00:09:15,720 --> 00:09:18,680
They presented as they're doing 
you a favor that they, they 

174
00:09:18,680 --> 00:09:22,800
care, they feel bad, they're 
helping you transition it really

175
00:09:22,800 --> 00:09:24,280
it it couldn't be further from 
the truth. 

176
00:09:25,080 --> 00:09:27,600
They do it for their own selfish
reasons to have you sign a 

177
00:09:27,600 --> 00:09:29,520
release of claims. 
And once you do, you didn't 

178
00:09:29,520 --> 00:09:31,600
exist. 
So the first thing is, let's get

179
00:09:31,600 --> 00:09:34,640
on the same playing field. 
Let's understand what the game 

180
00:09:34,640 --> 00:09:38,040
is, why they offer severance, 
who benefits from it, and then 

181
00:09:38,040 --> 00:09:40,400
attempt to negotiate from that 
stance. 

182
00:09:41,560 --> 00:09:44,120
So that that would be the very 
first thing is that most people 

183
00:09:44,120 --> 00:09:46,880
don't understand why they offer 
severance. 

184
00:09:46,880 --> 00:09:49,840
You know who benefits from it? 
They don't even know that you 

185
00:09:49,840 --> 00:09:51,880
can negotiate it. 
A majority of people don't even 

186
00:09:51,880 --> 00:09:54,440
know that you can negotiate it. 
And they've been, they've been 

187
00:09:54,440 --> 00:09:57,920
conditioned to faint this way. 
It's a lack of information, 

188
00:09:58,760 --> 00:10:00,800
misinformation that's purposely 
provided. 

189
00:10:02,000 --> 00:10:05,360
So, you know, as far as how to 
prepare for it, you know, if you

190
00:10:05,360 --> 00:10:08,680
know that a termination is 
coming, I say start building a 

191
00:10:08,680 --> 00:10:11,320
case to respond to it. 
You know, if it's a legitimate 

192
00:10:11,320 --> 00:10:14,280
termination and it's just, you 
know, business has been bad and 

193
00:10:14,280 --> 00:10:15,440
they need to lay some people 
off. 

194
00:10:15,440 --> 00:10:17,800
And there's no nefarious actions
that are driving it behind the 

195
00:10:17,800 --> 00:10:20,240
scenes that you're being 
included in a rift that you 

196
00:10:20,280 --> 00:10:23,120
might not be otherwise, Then 
that's OK. 

197
00:10:23,120 --> 00:10:25,280
These things have to happen. 
And hopefully your employer will

198
00:10:25,280 --> 00:10:27,400
give you a decent severance 
package and you'll go off and 

199
00:10:27,400 --> 00:10:30,320
sign it and be done. 
But the people who come to me, 

200
00:10:30,320 --> 00:10:32,840
it's, it's often not the case 
that they shouldn't have been 

201
00:10:32,840 --> 00:10:34,720
included in the Rif or they've 
been targeted or they've been 

202
00:10:34,720 --> 00:10:37,640
retaliated against or they or 
they're, this is being done 

203
00:10:37,640 --> 00:10:40,360
because they've gone on too much
paternity leave and use the 

204
00:10:40,360 --> 00:10:42,960
benefits that they want to 
promote as being a great 

205
00:10:42,960 --> 00:10:45,240
progressive company. 
But if you use them too much, 

206
00:10:45,560 --> 00:10:47,400
then, you know, then there's a 
problem here. 

207
00:10:47,400 --> 00:10:50,760
I've heard that many, many times
I've worked with 50-60 different

208
00:10:50,760 --> 00:10:54,560
people around a parental leave 
being retaliated against for 

209
00:10:54,560 --> 00:10:57,600
taking too much of it. 
So, yeah, I mean, those are the 

210
00:10:57,600 --> 00:11:01,080
things that, you know, be 
prepared, you know, gather, 

211
00:11:01,240 --> 00:11:04,400
gather your information, 
understand, you know, if there 

212
00:11:04,400 --> 00:11:07,240
are nefarious reasons behind 
your termination, what they are,

213
00:11:07,720 --> 00:11:09,840
call it out. 
If you're working in a toxic 

214
00:11:09,840 --> 00:11:13,240
work environment, describe 
what's going on so that it's not

215
00:11:13,240 --> 00:11:15,560
your word versus their word. 
It's you've built out a 

216
00:11:15,560 --> 00:11:19,400
compelling case of a dozen 
different examples of how you've

217
00:11:19,400 --> 00:11:23,520
been treated unfairly, unevenly,
in a discriminatory way, in a 

218
00:11:23,520 --> 00:11:29,040
bullying, in a toxic way. 
So, yeah, I, I can appreciate 

219
00:11:29,040 --> 00:11:33,080
what you're saying. 
I mean, I fortunately have never

220
00:11:33,080 --> 00:11:37,160
worked for an employer where 
I've had to make a decision or 

221
00:11:37,160 --> 00:11:39,880
terminate someone for nefarious 
reasons. 

222
00:11:39,880 --> 00:11:43,600
And I can say pretty confidently
that if I was ever asked to do 

223
00:11:43,600 --> 00:11:47,040
that, I probably would not be 
working at that type of company 

224
00:11:47,040 --> 00:11:49,840
because certainly they exist, 
but that's not really where my 

225
00:11:49,840 --> 00:11:51,920
values align. 
And I can only, you know, I have

226
00:11:52,000 --> 00:11:53,960
AI, have a microphone here. 
So I can only share my own 

227
00:11:53,960 --> 00:11:55,720
experience. 
I'm sure that there are 

228
00:11:56,040 --> 00:11:58,720
listeners who are like, oh, no, 
I've had to do that. 

229
00:11:59,000 --> 00:12:01,320
Or yeah, I agree. 
I would never want to do that. 

230
00:12:01,640 --> 00:12:04,320
So it's easy for me to say that 
I, you know, I'm lucky. 

231
00:12:04,320 --> 00:12:06,720
I can go and I can find another 
job if someone were to ask me to

232
00:12:06,720 --> 00:12:08,280
do that. 
But I, and I'm also lucky, I 

233
00:12:08,280 --> 00:12:09,920
think, in some ways that I've 
never had to. 

234
00:12:10,320 --> 00:12:16,040
But I know when you and I first 
spoke that you have very strong 

235
00:12:16,040 --> 00:12:19,880
opinions that these things when 
when people are terminated for 

236
00:12:19,880 --> 00:12:23,760
nefarious reasons or as a way to
cover up other things, because 

237
00:12:23,760 --> 00:12:26,560
we do know what happens. 
We see these lawsuits come about

238
00:12:26,560 --> 00:12:28,800
all the time. 
So there's no denying that. 

239
00:12:29,640 --> 00:12:35,400
And I my point here is that 
there it does, I think, send 

240
00:12:35,400 --> 00:12:38,680
this message or create the 
stigma that that is the case in 

241
00:12:38,720 --> 00:12:41,920
all companies. 
So I know I kind of want to get 

242
00:12:41,920 --> 00:12:46,960
into this concept and idea that 
you have around really H Rs 

243
00:12:46,960 --> 00:12:50,880
purpose, because I obviously am 
of the belief that as a 

244
00:12:50,880 --> 00:12:55,040
practitioner, I there are 
sometimes when where 

245
00:12:55,040 --> 00:12:57,920
unfortunately I have to 
terminate someone, but I'm of 

246
00:12:57,920 --> 00:13:02,720
the belief that those are for 
sound reasons and or it's 

247
00:13:02,720 --> 00:13:04,800
performance. 
Obviously that's the sound 

248
00:13:04,800 --> 00:13:09,280
reason and, or it's something 
that you know, from a, an 

249
00:13:09,280 --> 00:13:13,280
execution standpoint that I'm 
able to provide an empathetic 

250
00:13:13,280 --> 00:13:15,760
approach. 
Now I know from speaking with 

251
00:13:15,760 --> 00:13:18,800
you, this is really what I want 
to get into, that there is a, a 

252
00:13:19,640 --> 00:13:24,840
perception potentially that no 
matter who it is, like HR 

253
00:13:24,840 --> 00:13:27,440
practitioners don't really care 
that much because this is just 

254
00:13:27,440 --> 00:13:30,960
their job. 
So because we're, we're talking 

255
00:13:30,960 --> 00:13:32,800
about this, I want to hear from 
you directly. 

256
00:13:32,800 --> 00:13:38,080
Like do you what do you believe 
H Rs purpose is in the workforce

257
00:13:38,080 --> 00:13:40,720
or in the workplace? 
And do you believe that there is

258
00:13:40,720 --> 00:13:43,800
a way for an HR practitioner 
actually to care about that 

259
00:13:43,800 --> 00:13:48,000
person on the receiving end of a
difficult conversation or a 

260
00:13:48,000 --> 00:13:50,880
terminating conversation? 
All righty. 

261
00:13:51,320 --> 00:13:54,520
So a lot there. 
First of all, I I want to say 

262
00:13:54,520 --> 00:13:58,960
that the people who in general 
work in HR are generally good 

263
00:13:58,960 --> 00:14:01,720
people. 
I actually feel for them a lot 

264
00:14:01,720 --> 00:14:04,400
of times they want to do the 
right thing and they're being 

265
00:14:04,400 --> 00:14:07,920
pressured in a really nasty way 
by leadership to not do it. 

266
00:14:08,320 --> 00:14:11,240
And their morals and values are 
compromised on a regular basis. 

267
00:14:11,240 --> 00:14:13,560
And their choice is to leave and
be unemployed and go find 

268
00:14:13,560 --> 00:14:15,480
another place that may be the 
same way. 

269
00:14:16,080 --> 00:14:19,440
So I, I, I truly do feel for HR.
There's a, there's a lot of good

270
00:14:19,440 --> 00:14:21,960
people out there and they just 
have one of the toughest jobs. 

271
00:14:21,960 --> 00:14:24,720
They're squeezed in, in two or 
three different directions. 

272
00:14:25,560 --> 00:14:28,360
But ultimately, when push comes 
to shove, most of them, you 

273
00:14:28,360 --> 00:14:30,160
know, have to take care of 
themselves as most people would 

274
00:14:30,160 --> 00:14:32,120
do. 
And that's why this sort of 

275
00:14:32,280 --> 00:14:36,320
farce of employment and HR 
exists in a lot of ways, and a 

276
00:14:36,320 --> 00:14:38,880
lot of employees are left 
tricked as a result of it. 

277
00:14:40,080 --> 00:14:42,960
You know, as far as the purpose 
of HR, it's clear what the 

278
00:14:42,960 --> 00:14:44,720
purpose is. 
It's just misrepresented as 

279
00:14:44,720 --> 00:14:47,760
something different. 
It's represented that they're 

280
00:14:47,760 --> 00:14:53,200
there to help resolve conflict. 
They're there to help employees 

281
00:14:53,480 --> 00:14:57,520
navigate their employment, to 
make sure that they're treated 

282
00:14:57,520 --> 00:15:02,360
fairly and to help resolve 
disputes that that people should

283
00:15:02,360 --> 00:15:06,000
feel comfortable going to them 
and opening up and, and talking 

284
00:15:06,000 --> 00:15:07,600
about things that are bothering 
them. 

285
00:15:07,960 --> 00:15:10,160
And I, I, I could not disagree 
more with that. 

286
00:15:10,760 --> 00:15:14,560
I, I, if, if you go to HR and 
open up and you're causing, 

287
00:15:14,840 --> 00:15:16,800
there's a complaint, there's an 
issue, there's something they 

288
00:15:16,800 --> 00:15:19,960
need to look into. 
You're creating work for them. 

289
00:15:20,160 --> 00:15:22,880
You're creating friction. 
You're, you're, you're, you're, 

290
00:15:22,880 --> 00:15:25,640
you're creating a problem that 
they need to take action to, 

291
00:15:26,400 --> 00:15:28,120
especially if it's against 
senior leadership. 

292
00:15:28,960 --> 00:15:31,760
I mean, 9 times out of 10, they 
are going to side with 

293
00:15:31,760 --> 00:15:35,600
leadership every single time. 
And it may not appear on the 

294
00:15:35,600 --> 00:15:39,160
surface that way, but you know, 
2-3 months down the road, all of

295
00:15:39,160 --> 00:15:41,720
a sudden you're getting pipped 
out of the blue and you're being

296
00:15:41,720 --> 00:15:43,360
let go and you're wondering what
just happened. 

297
00:15:43,360 --> 00:15:45,320
And the only thing that's 
different than when you were 

298
00:15:45,320 --> 00:15:48,680
getting awards and performances 
6 months ago is that you filed A

299
00:15:48,680 --> 00:15:53,480
complaint with HR. 
So I mean, you know it with me. 

300
00:15:54,040 --> 00:15:56,480
I just think that, you know, HR 
has a role and I respect the 

301
00:15:56,480 --> 00:15:58,360
role. 
My biggest frustration is the 

302
00:15:58,360 --> 00:16:02,720
lack of transparency, the 
trickery that that people, the, 

303
00:16:02,800 --> 00:16:04,440
the younger employees, I was 
this way. 

304
00:16:04,440 --> 00:16:07,360
I went to HR my first couple of 
years out of work and that was 

305
00:16:07,360 --> 00:16:09,480
an issue. 
And I went in there, I talked to

306
00:16:09,480 --> 00:16:11,000
them, I opened up, they were 
empathetic. 

307
00:16:11,640 --> 00:16:14,360
Nothing ever happened. 
It was as if I the conversation 

308
00:16:14,360 --> 00:16:16,800
never even took place. 
But I have a feeling that the 

309
00:16:16,800 --> 00:16:18,760
conversation did come back 
around to my manager and he knew

310
00:16:18,760 --> 00:16:21,280
it took place. 
And this is what happens. 

311
00:16:21,280 --> 00:16:24,840
They work together. 
The HR business manager works in

312
00:16:24,840 --> 00:16:28,600
cahoots with your manager to 
manage you out of the business 

313
00:16:28,600 --> 00:16:30,520
when the manager has decided 
they don't want you there 

314
00:16:30,520 --> 00:16:32,600
anymore. 
Rather than being honest and 

315
00:16:32,600 --> 00:16:35,560
transparent and coming to you 
and saying, hey, we appreciate 

316
00:16:35,560 --> 00:16:38,680
you, we value you, your employee
at will, whether you are or not,

317
00:16:39,320 --> 00:16:41,360
You know, we've made a decision 
that it's time to let you go. 

318
00:16:41,560 --> 00:16:43,560
But we respect and value and 
we're going to treat you 

319
00:16:43,560 --> 00:16:45,400
accordingly. 
We're going to give you the next

320
00:16:45,400 --> 00:16:48,200
couple of months to go find a 
job while you're still an 

321
00:16:48,200 --> 00:16:50,160
employee because it's a lot 
easier finding a job when you 

322
00:16:50,160 --> 00:16:53,280
have a job and after and you can
decide to work or not. 

323
00:16:53,280 --> 00:16:55,160
There's, you know, projects that
you're working on, you want to 

324
00:16:55,160 --> 00:16:57,080
complete. 
There's deals that you're trying

325
00:16:57,080 --> 00:16:58,520
to close that you want to get 
that Commission. 

326
00:16:58,520 --> 00:17:00,040
Go ahead. 
If you don't want to do 

327
00:17:00,040 --> 00:17:03,200
anything, that's fine too. 
If after that couple of months 

328
00:17:03,200 --> 00:17:05,480
you haven't found a job, we're 
going to give you a severance 

329
00:17:05,480 --> 00:17:06,960
package. 
It's going to be a fair and 

330
00:17:06,960 --> 00:17:08,960
reasonable one. 
And then you go off. 

331
00:17:09,119 --> 00:17:12,200
There's not an employee in the 
world that would not be forever 

332
00:17:12,200 --> 00:17:15,000
grateful to that organization 
for treating them that with that

333
00:17:15,000 --> 00:17:18,880
respect and transparency and 
decency that they deserve. 

334
00:17:19,400 --> 00:17:21,560
Instead, they go on these 
campaigns. 

335
00:17:21,560 --> 00:17:24,040
I mean, I've talked to people 
who've worked at places for 32 

336
00:17:24,040 --> 00:17:28,800
years, 10 years, 20 years. 
And just in order to save a 

337
00:17:28,800 --> 00:17:31,960
little bit of money on severance
to manage them out of the 

338
00:17:31,960 --> 00:17:34,240
business. 
So you don't pay unemployment 

339
00:17:34,240 --> 00:17:39,160
or, or, or, or, or a severance. 
They literally wipe away years 

340
00:17:39,160 --> 00:17:42,640
or decades of positive 
relations, work that they're 

341
00:17:42,640 --> 00:17:45,200
proud of, things that they 
reflect back positively on. 

342
00:17:45,480 --> 00:17:48,480
And that is all wiped away in a 
matter of a couple of months as 

343
00:17:48,480 --> 00:17:51,080
they manage you out of the 
business, wrongfully terminates 

344
00:17:51,080 --> 00:17:53,680
you to save you a little bit of 
money rather than being honest 

345
00:17:53,680 --> 00:17:57,160
and transparent with you. 
As an HR professional, I know 

346
00:17:57,160 --> 00:18:00,880
that managing HR for a workforce
comes with its challenges, and 

347
00:18:00,880 --> 00:18:03,160
managing a global workforce even
more so. 

348
00:18:03,400 --> 00:18:05,720
Using multiple tools for 
different countries and employee

349
00:18:05,720 --> 00:18:09,240
types complicates everything. 
Costs go up, efficiency goes 

350
00:18:09,240 --> 00:18:13,240
down, you get the picture. 
Deal is here to change that. 

351
00:18:13,280 --> 00:18:16,400
That's DEEL. 
Whether you're an enterprise, 

352
00:18:16,400 --> 00:18:19,240
business, a small company, or 
anything in between, Deal 

353
00:18:19,240 --> 00:18:22,400
simplifies global team 
management, payroll, hiring and 

354
00:18:22,400 --> 00:18:24,920
more. 
Deal HR streamlines your global 

355
00:18:24,920 --> 00:18:28,160
operations with built in 
compliance to lower costs and 

356
00:18:28,160 --> 00:18:31,360
maximize efficiency with 
self-service onboarding. 

357
00:18:31,360 --> 00:18:35,000
New hires can be up and running 
in minutes, sign documents, 

358
00:18:35,040 --> 00:18:37,560
track expenses and approve PTO 
in seconds. 

359
00:18:37,680 --> 00:18:41,200
Plus with deal, you can easily 
oversee global cost reviews, 

360
00:18:41,200 --> 00:18:43,520
headcount and more with 
centralized reporting. 

361
00:18:44,000 --> 00:18:47,320
Ready to see how deal HR can 
transform your global operations

362
00:18:47,320 --> 00:18:50,240
for free? 
Head to deal.com to book a demo 

363
00:18:50,240 --> 00:18:55,520
today. 
That's D eel.com well there. 

364
00:18:55,760 --> 00:18:59,000
First of all, thank you for 
sharing your opinions on this. 

365
00:18:59,000 --> 00:19:02,800
It's, you know, I know that 
there are probably listeners who

366
00:19:02,800 --> 00:19:07,160
are like really annoyed hearing 
your opinion, but that's OK. 

367
00:19:07,240 --> 00:19:10,800
I think it's really important 
that we hear from someone that 

368
00:19:10,800 --> 00:19:16,560
doesn't fully like, like believe
in the things that we probably 

369
00:19:16,560 --> 00:19:18,440
believe in. 
So there are some things that I 

370
00:19:18,600 --> 00:19:20,920
agree with you on. 
There's some things that I also,

371
00:19:20,920 --> 00:19:23,880
I think just fortunately, 
because of my experience, I 

372
00:19:23,880 --> 00:19:26,760
disagree with you on. 
Now, the things that I agree 

373
00:19:26,800 --> 00:19:29,560
with you on are that there needs
to be transparency. 

374
00:19:29,560 --> 00:19:32,800
People would be forever grateful
if they were clearer on where 

375
00:19:32,800 --> 00:19:35,840
they actually stood performance 
wise with an organization or if 

376
00:19:35,840 --> 00:19:37,880
there was an impending 
termination coming. 

377
00:19:38,200 --> 00:19:42,400
I know I would appreciate that 
and I know I think probably 

378
00:19:42,400 --> 00:19:45,320
everyone would appreciate that. 
So I totally, totally agree with

379
00:19:45,320 --> 00:19:48,880
that. 
And I think most of where HR 

380
00:19:48,880 --> 00:19:52,280
gets it wrong and leaders in 
general get it wrong is when 

381
00:19:52,280 --> 00:19:56,720
they think that being 
transparent is going to bite 

382
00:19:56,720 --> 00:20:02,000
them in the end or in the 
moment, rather than seeing that 

383
00:20:02,000 --> 00:20:05,920
as a way to actually just be, 
you know, a decent human being 

384
00:20:05,920 --> 00:20:09,680
about what is eventually going 
to impact someone's, you know, 

385
00:20:10,320 --> 00:20:13,080
circumstances. 
Now obviously there's always 

386
00:20:13,080 --> 00:20:16,360
going to be a caveat to every 
situation, whether it's 

387
00:20:16,360 --> 00:20:18,560
something with confidentiality 
or whatever. 

388
00:20:19,080 --> 00:20:23,640
But in most cases, I do agree 
that transparency is where a lot

389
00:20:23,640 --> 00:20:27,280
of these things are not even 
issues Because if someone's 

390
00:20:27,280 --> 00:20:31,360
like, hey, this isn't going to 
work out this like I don't even 

391
00:20:31,360 --> 00:20:34,560
want to put you on a PIP. 
I think you should just know 

392
00:20:34,560 --> 00:20:37,120
that this is not going to work 
and you should take this as 

393
00:20:37,120 --> 00:20:40,080
notice To me. 
I don't see any problem with 

394
00:20:40,080 --> 00:20:41,760
that. 
As an HR practitioner, I've done

395
00:20:41,760 --> 00:20:45,320
that and I've suggested to 
leaders to do that with people 

396
00:20:45,320 --> 00:20:46,560
that they've had to manage out 
now. 

397
00:20:46,560 --> 00:20:48,080
How about why it's not going to 
work out? 

398
00:20:49,440 --> 00:20:52,760
Well, that I, to me, I think 
that's part of the conversation.

399
00:20:52,760 --> 00:20:55,680
I'll give you an example. 
And this is also where I think 

400
00:20:55,760 --> 00:20:59,080
I'll share where on some levels 
I disagree with some of your 

401
00:20:59,080 --> 00:21:01,360
perspective. 
But this is really because of my

402
00:21:01,360 --> 00:21:03,520
own experience. 
I can only speak about my own 

403
00:21:03,520 --> 00:21:09,440
experience, but I, I have had in
the past employees who I really,

404
00:21:09,520 --> 00:21:13,120
you know, considered friends and
still consider friends whose 

405
00:21:13,120 --> 00:21:17,000
performance was not good and it 
wasn't improving. 

406
00:21:17,240 --> 00:21:19,680
And there had been, you know, 
hey, we need more of this. 

407
00:21:19,680 --> 00:21:21,760
We need more of that. 
Like just general conversations 

408
00:21:21,760 --> 00:21:23,560
with the manager, right? 
And I've been an HR business 

409
00:21:23,560 --> 00:21:25,160
partner. 
That's kind of how I see my role

410
00:21:25,160 --> 00:21:27,760
in general as an HR 
practitioner. 

411
00:21:28,080 --> 00:21:34,120
And I, I would sometimes step in
and say, listen, as a friend, 

412
00:21:34,760 --> 00:21:37,040
you've got to know that, you 
know, unless something 

413
00:21:37,040 --> 00:21:40,600
dramatically changes with your 
performance, something is going 

414
00:21:40,600 --> 00:21:42,600
to dramatically change about 
your employment. 

415
00:21:42,600 --> 00:21:46,600
And you should know like, that's
probably like, it's not going to

416
00:21:46,600 --> 00:21:50,000
really change unless something 
180 changes. 

417
00:21:50,320 --> 00:21:55,040
And I, I have, I can say with 
100% honesty that, that I've had

418
00:21:55,040 --> 00:21:58,280
those conversations before. 
And people generally are like, 

419
00:21:58,280 --> 00:22:02,880
thanks, I'm going to go and find
another job or Oh crap, I'm 

420
00:22:02,880 --> 00:22:05,520
going to have to do a much 
better job because now I know 

421
00:22:05,520 --> 00:22:09,200
I'm about to get fired. 
So I have had the fortune of 

422
00:22:09,360 --> 00:22:12,120
having managers who have been 
supportive of me having those 

423
00:22:12,120 --> 00:22:14,920
types of conversations. 
And I think I've learned from HR

424
00:22:14,920 --> 00:22:18,040
practitioners who do challenge 
some of the things that you have

425
00:22:18,040 --> 00:22:19,960
seen. 
Now the places where I would say

426
00:22:19,960 --> 00:22:25,920
I disagree are that I do think 
that HR is placed in in most 

427
00:22:25,920 --> 00:22:28,520
companies, although of course we
know that there are companies 

428
00:22:28,520 --> 00:22:31,640
who don't ever do the right 
thing and are really the 

429
00:22:31,640 --> 00:22:33,760
building, the building blocks of
these stigmas. 

430
00:22:34,080 --> 00:22:37,360
But I do think my role 
specifically and the roles of 

431
00:22:37,360 --> 00:22:41,840
many of my colleagues is to 
provide support through conflict

432
00:22:41,880 --> 00:22:45,800
and to resolve problems. 
And that that doesn't, is not 

433
00:22:45,800 --> 00:22:51,560
seen as work created and rather 
it's an opportunity to help 

434
00:22:51,560 --> 00:22:55,240
build that person up and resolve
conflict in the workplace. 

435
00:22:55,280 --> 00:22:58,120
I do believe that I can 
understand that there are 

436
00:22:58,120 --> 00:23:02,440
obviously these stigmas because 
there's a farce and there are 

437
00:23:02,440 --> 00:23:06,240
some people who don't, you know,
who don't live up to what I 

438
00:23:06,240 --> 00:23:08,720
believe we should be doing in 
the workplace. 

439
00:23:09,400 --> 00:23:15,240
That said, I think anyone 
listening who is in HR, I hope 

440
00:23:15,240 --> 00:23:19,080
that they don't just do things 
because they think that's what 

441
00:23:19,080 --> 00:23:21,840
they're supposed to do. 
I hope that they take critical 

442
00:23:21,840 --> 00:23:25,200
thinking and reasoning to their 
jobs every single day and 

443
00:23:25,200 --> 00:23:28,360
challenge people if they want 
them to do the the wrong things.

444
00:23:29,160 --> 00:23:31,600
But again, it's easy for me to 
say because that's the type of 

445
00:23:31,600 --> 00:23:33,840
person that I am if someone 
asked me to do the wrong thing. 

446
00:23:33,840 --> 00:23:37,640
And I'll give you one last story
before I let you share what you 

447
00:23:37,640 --> 00:23:43,200
might have on your mind. 
I had an experience with one of 

448
00:23:43,200 --> 00:23:47,160
the worst leaders I've ever 
worked with years ago who 

449
00:23:47,360 --> 00:23:53,280
specifically asked me to 
basically scrub the engagement 

450
00:23:53,280 --> 00:23:57,800
survey results for this like 
annual company survey and this 

451
00:23:57,960 --> 00:24:00,840
leader. 
This was probably like 8 years 

452
00:24:00,840 --> 00:24:03,560
ago already, so it's not someone
that I luckily work with 

453
00:24:03,560 --> 00:24:07,000
anymore. 
And this particular leader was 

454
00:24:07,000 --> 00:24:12,480
like, don't ask those people 
there to take the survey because

455
00:24:12,480 --> 00:24:17,040
they're going to respond poorly 
about me and the people that 

456
00:24:17,240 --> 00:24:20,120
already took the survey. 
Let's have them sign in as those

457
00:24:20,120 --> 00:24:23,440
people and take the survey. 
And I was like, are you out of 

458
00:24:23,440 --> 00:24:25,520
your freaking mind? 
I'm not doing that. 

459
00:24:26,160 --> 00:24:29,760
And we literally, I kid you not,
if this might be the first time 

460
00:24:29,760 --> 00:24:32,440
this is heard on the podcast, We
got into a screaming match. 

461
00:24:32,440 --> 00:24:36,320
Like I was actually screaming 
and she was actually screaming 

462
00:24:36,320 --> 00:24:38,040
at me. 
I was like, you're not asking me

463
00:24:38,040 --> 00:24:40,680
to do that. 
And by the way, I did, I did 

464
00:24:40,680 --> 00:24:45,080
report her and she eventually 
was not working for the company 

465
00:24:45,080 --> 00:24:46,320
anymore. 
This is probably the first time 

466
00:24:46,320 --> 00:24:47,400
I've shared this on this 
podcast. 

467
00:24:47,640 --> 00:24:51,880
I felt so strongly that she was 
asking me to do something not 

468
00:24:51,880 --> 00:24:55,240
only that was nefarious, 
obviously, but clearly wrong, 

469
00:24:55,480 --> 00:25:00,000
and also to me, something that 
totally took advantage of 

470
00:25:00,000 --> 00:25:02,640
employees. 
We should hear from everyone. 

471
00:25:02,640 --> 00:25:04,960
If this is a survey for the 
entire company, we've got to 

472
00:25:04,960 --> 00:25:07,720
hear from everyone. 
So that's an example of where 

473
00:25:08,320 --> 00:25:12,560
hopefully I'm not alone in 
saying, in being able to feel 

474
00:25:12,560 --> 00:25:15,480
confident and strong enough to 
say, no, you're wrong and I'm 

475
00:25:15,480 --> 00:25:18,800
not listening to you. 
But obviously not everyone is 

476
00:25:18,800 --> 00:25:20,760
able to do that. 
So I'll pause. 

477
00:25:20,760 --> 00:25:24,560
I shared a lot there and I know 
I saw you taking notes so I'm 

478
00:25:24,560 --> 00:25:25,720
sure you want to respond to 
some. 

479
00:25:25,720 --> 00:25:28,040
If I, if I can read them, I'll, 
I'll respond to them. 

480
00:25:29,640 --> 00:25:31,960
I mean, I, I, there's just so 
much to unpack here. 

481
00:25:31,960 --> 00:25:34,600
I mean, first of all, I mean, I,
I appreciate you sharing your 

482
00:25:34,600 --> 00:25:39,280
experience. 
When I started this, I had no 

483
00:25:39,280 --> 00:25:41,560
expectation of what I was 
finding. 

484
00:25:41,600 --> 00:25:45,080
I didn't even start this myself.
I just started posting about 

485
00:25:45,080 --> 00:25:49,520
topics on LinkedIn and the 
community forced me to start 

486
00:25:49,520 --> 00:25:51,200
this practice. 
They pleaded with me to start 

487
00:25:51,200 --> 00:25:56,240
this practice. 
So I mean, I mean, I don't know 

488
00:25:56,280 --> 00:25:59,680
where do I want to start here? 
Why is it when employees are let

489
00:25:59,680 --> 00:26:04,000
go, the same people who were 
trusted, who respected, who are 

490
00:26:04,000 --> 00:26:07,520
valued, are instantly treated 
like a criminal that they're 

491
00:26:07,520 --> 00:26:10,200
literally that they're having, 
they're having their systems 

492
00:26:10,200 --> 00:26:13,360
shut down in the middle of the, 
of the, of the termination call.

493
00:26:13,520 --> 00:26:15,600
They're having to complete it on
a phone call. 

494
00:26:16,040 --> 00:26:19,160
They're walked out of the 
office, but yet 24 hours later 

495
00:26:19,160 --> 00:26:22,120
they were sharing confidential 
information. 

496
00:26:22,600 --> 00:26:27,400
I mean, it's just the employer 
is the one who creates this 

497
00:26:27,400 --> 00:26:31,920
toxic environment, this this 
combative stance that leaves 

498
00:26:31,920 --> 00:26:35,760
employees walking away feeling 
horrible and this is the last 

499
00:26:35,760 --> 00:26:36,960
thing that they want them to 
feel. 

500
00:26:37,600 --> 00:26:40,760
I mean. 
You know, I think with that 

501
00:26:40,760 --> 00:26:43,800
specifically, you know, this, 
you're probably not going to 

502
00:26:43,800 --> 00:26:46,720
like this response, but I do 
think that that is a reflection 

503
00:26:46,720 --> 00:26:53,200
of someone like one person 
creating this circumstance for 

504
00:26:53,200 --> 00:26:54,720
everyone else. 
Because like, let's take an 

505
00:26:54,720 --> 00:26:58,240
example of someone who tries to 
then download confidential 

506
00:26:58,240 --> 00:27:00,000
client information or something,
right? 

507
00:27:00,000 --> 00:27:03,640
Like and then it becomes this, 
oh, we have to shut off systems 

508
00:27:03,640 --> 00:27:06,160
for everyone so they don't have 
access to those things. 

509
00:27:06,240 --> 00:27:09,320
I fully agree with you. 
It becomes this like. 

510
00:27:09,320 --> 00:27:11,880
So the reason why these things 
happen, the reason these things 

511
00:27:11,880 --> 00:27:15,200
happen is because the employees 
are being blindsided with these 

512
00:27:15,200 --> 00:27:17,240
terminations. 
And that's exactly what the 

513
00:27:17,240 --> 00:27:19,480
employer wants. 
If they were being treated with 

514
00:27:19,480 --> 00:27:24,080
respect and dignity as they as 
they have given throughout their

515
00:27:24,080 --> 00:27:26,640
tenure, then there wouldn't be a
concern about it. 

516
00:27:26,720 --> 00:27:28,840
So we basically saying that 
every employee who's ever worked

517
00:27:28,840 --> 00:27:31,600
for you is a scumbag who's 
looking to steal stuff from you 

518
00:27:31,600 --> 00:27:33,720
and screw you over. 
And therefore, because one 

519
00:27:33,720 --> 00:27:35,880
person might have done it some 
other company, we're going to 

520
00:27:35,880 --> 00:27:38,680
treat every employee like this. 
I mean, aren't you saying the 

521
00:27:38,680 --> 00:27:41,520
same thing right now? 
That one bad company doesn't 

522
00:27:41,520 --> 00:27:44,200
mean that all companies are bad.
Yeah, you're absolutely right. 

523
00:27:44,360 --> 00:27:47,640
You're absolutely right. 
Unfortunately, I think in a, a 

524
00:27:47,640 --> 00:27:51,120
world where competition, I mean,
you, you have a sales background

525
00:27:51,120 --> 00:27:54,480
also, you know, like competition
is ever, if you can have a leg 

526
00:27:54,480 --> 00:27:58,080
up on the competition, you can 
make a ton of money. 

527
00:27:58,080 --> 00:28:00,400
And that's whether you're an 
individual or a business. 

528
00:28:00,880 --> 00:28:05,800
And so I, I really fundamentally
from a values perspective, I 

529
00:28:05,800 --> 00:28:07,400
agree with you. 
People have to be treated with 

530
00:28:07,400 --> 00:28:11,160
dignity and respect just as they
came in, in the way that they 

531
00:28:11,160 --> 00:28:14,080
go. 
And I believe that the people 

532
00:28:14,080 --> 00:28:17,080
who are off boarding off of a 
company should be treated the 

533
00:28:17,080 --> 00:28:19,160
same way that they were treated 
when they were on boarding. 

534
00:28:19,160 --> 00:28:23,000
Even if they did something that 
earned them a termination, like 

535
00:28:23,000 --> 00:28:26,680
they harassed someone or they 
stole or whatever, you people 

536
00:28:26,680 --> 00:28:28,640
are still people and you have to
treat them kindly. 

537
00:28:28,640 --> 00:28:30,320
The only. 
Thing I want to talk about is 

538
00:28:30,320 --> 00:28:31,840
this thing about performance, 
right? 

539
00:28:31,840 --> 00:28:34,840
So and, and, and about managers 
and about Pips. 

540
00:28:35,240 --> 00:28:37,360
You know, I think it's an 
obligation of the manager to be 

541
00:28:37,360 --> 00:28:39,720
communicating with their 
employees on a regular basis, 

542
00:28:40,120 --> 00:28:42,680
that the employee should never 
be blindsided as a concern with 

543
00:28:42,680 --> 00:28:45,320
performance, that there should 
never be a need for a PIP. 

544
00:28:45,680 --> 00:28:48,600
If the manager is doing their 
job throughout, the employee 

545
00:28:48,600 --> 00:28:51,600
should already know that they're
not performing well and that 

546
00:28:51,840 --> 00:28:55,760
they likely should be moving on.
But that's 99 out of 100 times. 

547
00:28:55,760 --> 00:28:58,240
That's never the case. 
The manager doesn't do their 

548
00:28:58,240 --> 00:29:00,600
job. 
They don't interact on a regular

549
00:29:00,600 --> 00:29:02,600
basis. 
They just give commands and 

550
00:29:02,600 --> 00:29:05,400
nitpicks and complaints, not 
support and guidance. 

551
00:29:05,920 --> 00:29:08,360
And then when things start to go
bad, then it's all on the 

552
00:29:08,360 --> 00:29:10,080
employee. 
It's never on the manager. 

553
00:29:10,160 --> 00:29:12,360
And now they're being given an 
unrealistic time period to 

554
00:29:12,360 --> 00:29:14,240
improve on it. 
So you mentioned, you mentioned 

555
00:29:14,240 --> 00:29:17,280
performance. 
Performance is, is almost in 

556
00:29:17,280 --> 00:29:19,800
every instance it's being 
positioned as subjective. 

557
00:29:20,240 --> 00:29:23,000
I mean, despite the fact that 
when there's, there's hard, fast

558
00:29:23,000 --> 00:29:28,440
KPIs, most Pips are filled with 
subjective criteria that a 

559
00:29:28,440 --> 00:29:30,520
majority of them that the 
employees never even asked to 

560
00:29:30,520 --> 00:29:32,480
do. 
And it's intended to manage you 

561
00:29:32,480 --> 00:29:35,640
out of the business so that if 
you can beat the, the, the real 

562
00:29:35,640 --> 00:29:37,880
number that they purposely make 
unachievable, maybe you got a 

563
00:29:37,880 --> 00:29:40,840
Bluebird and somehow got lucky. 
Well, now we can micromanage you

564
00:29:40,840 --> 00:29:43,960
to death on these subjective 
things while you're on this PIP.

565
00:29:44,360 --> 00:29:46,920
And then if you beat the real 
number, we can terminate you 

566
00:29:46,920 --> 00:29:50,600
because you didn't pass these 
micromanagement subjective items

567
00:29:50,600 --> 00:29:52,480
that would have taken you away 
from actually getting the job 

568
00:29:52,480 --> 00:29:54,600
done in the 1st place. 
I mean, this is this. 

569
00:29:54,760 --> 00:29:58,440
I do know that I literally say 
the same thing to almost every 

570
00:29:58,440 --> 00:30:01,840
single person I speak to that 
comes to me on a PIP and I don't

571
00:30:01,840 --> 00:30:03,800
even let them talk. 
I tell them this is what's going

572
00:30:03,800 --> 00:30:05,760
on. 
They're like, Oh my God, how did

573
00:30:05,760 --> 00:30:08,360
how did you literally just 
describe word for word what I'm 

574
00:30:08,360 --> 00:30:10,760
experiencing? 
It's the modus operandi. 

575
00:30:10,800 --> 00:30:12,720
Example. 
No, it's a great example 

576
00:30:12,720 --> 00:30:17,360
actually. 
For where HR leaders can be best

577
00:30:17,360 --> 00:30:21,480
supporting employees because for
example, when a leader, a 

578
00:30:21,480 --> 00:30:24,160
manager is not doing the right 
thing and they're like, OK, 

579
00:30:24,160 --> 00:30:25,920
well, you know, this person's 
not working out. 

580
00:30:25,920 --> 00:30:29,560
I just want to manage them out. 
That's when it's appropriate for

581
00:30:29,560 --> 00:30:32,800
the HR partner to say no. 
How many conversations have you 

582
00:30:32,800 --> 00:30:35,360
had with this person? 
Do they know where they stand? 

583
00:30:35,560 --> 00:30:38,280
And if an, and this is really 
like for those listening who are

584
00:30:38,280 --> 00:30:41,920
in HR, this is if you are not 
doing this with your managers, 

585
00:30:42,440 --> 00:30:44,800
you are part of the problem. 
You've got to have these 

586
00:30:44,800 --> 00:30:47,160
conversations with people so 
that people are not surprised. 

587
00:30:47,160 --> 00:30:49,800
And also with the pips. 
I totally agree. 

588
00:30:49,840 --> 00:30:52,000
If you're planning to manage 
someone out and they can do 

589
00:30:52,000 --> 00:30:55,720
nothing to improve their 
performance, just provide tell 

590
00:30:55,720 --> 00:30:59,120
them that provide them a very 
reasonable severance rather than

591
00:30:59,120 --> 00:31:03,920
making them go through hoops to 
eventually not even show that 

592
00:31:03,920 --> 00:31:05,360
their performance has improved 
enough. 

593
00:31:05,560 --> 00:31:07,160
I'm. 
I'm like bursting at the seams 

594
00:31:07,200 --> 00:31:07,760
here. 
So do you. 

595
00:31:08,640 --> 00:31:11,040
So so you say provide them a 
severance. 

596
00:31:11,040 --> 00:31:13,360
Do you know what the new thing 
is that I just kind of came up, 

597
00:31:13,360 --> 00:31:14,680
became aware of in the last 
year? 

598
00:31:14,680 --> 00:31:18,760
I've now seen like 100 times 
it's they they come to you and 

599
00:31:19,160 --> 00:31:21,480
they tell you that, you know, 
we're not happy with your 

600
00:31:21,480 --> 00:31:23,720
performance. 
We're going to put you on this, 

601
00:31:23,800 --> 00:31:25,640
we're going to give you a 
choice. 

602
00:31:26,240 --> 00:31:30,800
You can choose to go on this 
unachievable Pip that you don't 

603
00:31:30,800 --> 00:31:33,480
deserve to be on, and we're 
purposely making it so that 

604
00:31:33,480 --> 00:31:35,320
there's not a chance that you 
can pass it. 

605
00:31:35,600 --> 00:31:38,760
If you ask your manager on the 
side of your mouth, they'll tell

606
00:31:38,760 --> 00:31:42,400
you that you're gone already. 
Or you can choose. 

607
00:31:42,760 --> 00:31:44,400
See how I emphasize that word 
choose. 

608
00:31:44,840 --> 00:31:48,560
You can choose this severance, 
but you know what? 

609
00:31:48,680 --> 00:31:51,000
You chose it. 
So it's not a severance, it's 

610
00:31:51,000 --> 00:31:54,880
not a termination, it's a, a 
mutual resignation that you're 

611
00:31:54,880 --> 00:31:57,280
initiating, that you're 
initiating. 

612
00:31:57,560 --> 00:32:00,480
That is not your desire, not 
your intent, that you're being 

613
00:32:00,480 --> 00:32:04,000
pressured by your employer to 
make this choice between two 

614
00:32:04,000 --> 00:32:06,840
horrible outcomes. 
And you don't even and, and, and

615
00:32:06,840 --> 00:32:08,840
you're blindsided by it. 
You don't even know where it's 

616
00:32:08,840 --> 00:32:10,560
coming from. 
And now you've been told you got

617
00:32:10,560 --> 00:32:13,240
till the end of the day, you've 
got 24 hours to choose whether 

618
00:32:13,240 --> 00:32:15,880
you want this unachievable PIP 
that we've dressed up as 

619
00:32:15,880 --> 00:32:19,920
impossible to achieve, or you 
can accept a severance that we 

620
00:32:19,920 --> 00:32:22,920
intentionally mislead you that 
you'll now find out when you 

621
00:32:22,920 --> 00:32:25,320
apply for unemployment in a 
month that you're not eligible 

622
00:32:25,320 --> 00:32:27,760
for it. 
That's that's what they do 

623
00:32:27,760 --> 00:32:29,120
instead of if you don't want to 
be on the PIP. 

624
00:32:31,200 --> 00:32:36,040
Well, that's interesting. 
I first of all, as a, from a 

625
00:32:36,080 --> 00:32:38,920
selfish perspective, as like an 
individual taking the HR hat 

626
00:32:38,920 --> 00:32:41,760
off, if someone were ever to 
offer that to me, I'd be like 

627
00:32:41,840 --> 00:32:46,280
manage me out, manage me out so 
that you get, you're going to 

628
00:32:46,280 --> 00:32:48,600
still provide me a severance. 
I'm going to have 30 more days 

629
00:32:48,600 --> 00:32:52,040
of pay and eligible for 
unemployment. 

630
00:32:52,040 --> 00:32:54,840
But The thing is. 
Most employees don't know this 

631
00:32:54,840 --> 00:32:56,560
is happening. 
I literally get on the phone 

632
00:32:56,560 --> 00:33:00,040
with them and I can tell you 
that 19 out of 20 people that 

633
00:33:00,040 --> 00:33:02,320
are going through this have no 
idea what I just told them. 

634
00:33:02,680 --> 00:33:05,040
They they are shocked and 
disgusted that this company that

635
00:33:05,040 --> 00:33:08,440
they worked for years for is 
using these underhanded tactics 

636
00:33:08,640 --> 00:33:11,680
to trick them into a resignation
that they're dressing up as a 

637
00:33:11,680 --> 00:33:14,160
termination with a that's. 
Bad, that's bad. 

638
00:33:14,240 --> 00:33:16,080
I can't I you know, here's the 
thing. 

639
00:33:16,080 --> 00:33:20,560
If someone I could see trying to
think like with some nuance here

640
00:33:20,560 --> 00:33:24,040
and I guess using my own 
critical thinking advice, I 

641
00:33:24,040 --> 00:33:28,600
could see if someone is really 
actually not performing and 

642
00:33:28,600 --> 00:33:32,000
they've had discussions, let's 
say, and it's been overt and 

643
00:33:32,000 --> 00:33:37,280
transparent and the company is 
like, look, either you can, we 

644
00:33:37,280 --> 00:33:40,720
can manage you out over the next
30 days or we can just call it 

645
00:33:40,720 --> 00:33:42,520
now and we won't fight 
unemployment. 

646
00:33:42,520 --> 00:33:46,520
I could see that if a company is
being reasonable because to me, 

647
00:33:46,520 --> 00:33:49,320
I think unemployment is a major 
concern for most people. 

648
00:33:49,520 --> 00:33:52,680
And a lot of people don't 
realize that if they resign, 

649
00:33:53,320 --> 00:33:56,240
they most of the time are not 
eligible for unemployment. 

650
00:33:56,440 --> 00:34:00,000
And this is where like if 
someone has a really good HR 

651
00:34:00,000 --> 00:34:03,440
partner, they can say, will I be
eligible for an unemployment? 

652
00:34:03,440 --> 00:34:06,120
But what you're saying, and kind
of what I'm saying too, is that 

653
00:34:06,120 --> 00:34:09,440
if people don't have that 
savviness about them or they 

654
00:34:09,440 --> 00:34:11,440
don't have someone being honest 
with them, they don't know. 

655
00:34:11,920 --> 00:34:14,719
They're being purposely misled. 
Literally. 

656
00:34:15,040 --> 00:34:19,000
When you hear severance, you 
think termination, unemployment,

657
00:34:19,920 --> 00:34:22,560
they're believe me, if they 
actually said to you, well, you 

658
00:34:22,560 --> 00:34:26,040
can go on a PIP or you can 
choose to resign, Why aren't 

659
00:34:26,040 --> 00:34:29,000
they saying what it really is? 
They're purposely not to 

660
00:34:29,000 --> 00:34:32,719
intentionally trick people into 
screwing themselves over and not

661
00:34:32,719 --> 00:34:34,440
having unemployment when they 
thought they were going to get 

662
00:34:34,440 --> 00:34:36,480
it. 
And they're they're purposely 

663
00:34:36,480 --> 00:34:40,120
giving them misinformation to 
make those decisions on. 

664
00:34:40,800 --> 00:34:43,159
I mean, the same it goes with. 
So I mean, it applies with so 

665
00:34:43,159 --> 00:34:45,320
many things. 
I mean, we've talked about this 

666
00:34:45,320 --> 00:34:48,400
before. 
I mean, employment agreements of

667
00:34:48,400 --> 00:34:52,320
which you could be a person of 
color with a disability, you 

668
00:34:52,320 --> 00:34:55,199
know, in a protected class with 
a veteran. 

669
00:34:55,199 --> 00:34:58,640
You know what with, with, with, 
with, with whatever it is. 

670
00:34:58,840 --> 00:35:01,440
And they make you sign an 
employment agreement that says 

671
00:35:01,440 --> 00:35:04,440
that you're an employee at will 
and can be terminated any time 

672
00:35:04,440 --> 00:35:06,720
for any reason. 
It's not true. 

673
00:35:07,200 --> 00:35:10,920
You know, the comp plans that 
they make you sign that they'll 

674
00:35:10,920 --> 00:35:14,240
literally threaten to withhold 
earn compensation. 

675
00:35:14,240 --> 00:35:17,400
That's illegal to do, previously
earned that. 

676
00:35:17,400 --> 00:35:20,160
They'll threaten to withhold 
that if you don't sign this comp

677
00:35:20,160 --> 00:35:23,000
plan. 
So they give you this perception

678
00:35:23,240 --> 00:35:26,320
that it's a legal binding 
contract that both parties will 

679
00:35:26,320 --> 00:35:28,560
abide by. 
But in the back of the contract,

680
00:35:28,560 --> 00:35:31,040
it says that the employer can 
change the terms of this 

681
00:35:31,200 --> 00:35:34,320
agreement at any time with or 
without notice or consent. 

682
00:35:34,640 --> 00:35:36,720
So how is it a legal contract? 
It's not. 

683
00:35:36,720 --> 00:35:41,240
By definition, it's not. 
An attorney on here so we can 

684
00:35:41,240 --> 00:35:43,840
hash this out too. 
What I will say is that I think 

685
00:35:43,840 --> 00:35:48,120
it's like 48 states that have 
this at will. 49. 49 right. 

686
00:35:48,120 --> 00:35:53,960
So at will and, and I've said 
this to listeners too, the at 

687
00:35:53,960 --> 00:35:59,920
will law doesn't mean that you 
can just terminate anyone. 

688
00:36:00,000 --> 00:36:03,240
And to your point, this is 
really what you're saying that 

689
00:36:03,240 --> 00:36:06,560
it's it you can't just let 
someone go, you know, there has 

690
00:36:06,560 --> 00:36:10,720
to be a justification when you 
terminate someone even in an at 

691
00:36:10,720 --> 00:36:12,800
will state. 
Only only if you're in a 

692
00:36:12,800 --> 00:36:16,760
protected class. 
Well, most people are of a 

693
00:36:16,760 --> 00:36:19,120
protected class. 
Everyone has a, you know, a 

694
00:36:19,120 --> 00:36:23,480
gender every like if you have to
prove discriminations, everyone 

695
00:36:23,480 --> 00:36:28,720
has some affiliation to any of 
the protected classes, right? 

696
00:36:28,720 --> 00:36:31,200
Someone could prove the 
difficulty is proving 

697
00:36:31,200 --> 00:36:33,920
discrimination. 
This is where people find 

698
00:36:33,920 --> 00:36:37,520
themselves in a bit of a pickle 
because someone, a company 

699
00:36:37,520 --> 00:36:40,440
that's doing nefarious things 
can say, oh, sorry, we're 

700
00:36:40,440 --> 00:36:43,920
terminating you. 
No notice, no care in the world,

701
00:36:43,920 --> 00:36:44,840
no empathy. 
Fine. 

702
00:36:45,640 --> 00:36:48,960
Now they know those those 
companies doing the wrong thing 

703
00:36:48,960 --> 00:36:51,800
know that it's extremely 
difficult to prove 

704
00:36:51,800 --> 00:36:55,760
discrimination and wrongful 
termination unless there's an 

705
00:36:55,760 --> 00:36:59,680
abundance of clarity and written
documentation, all of this stuff

706
00:36:59,680 --> 00:37:01,920
that people can support their 
argument for. 

707
00:37:02,160 --> 00:37:05,120
But to your point, and what I'm 
trying to say here too, is that 

708
00:37:05,120 --> 00:37:08,120
just because you're in an AT 
will state doesn't mean that you

709
00:37:08,120 --> 00:37:10,040
can just terminate anyone Willy 
nilly. 

710
00:37:10,040 --> 00:37:11,560
I don't believe that to be the 
case. 

711
00:37:11,800 --> 00:37:17,320
Now, obviously the law in those 
states allows and is kind of 

712
00:37:17,320 --> 00:37:23,600
like employer employers heavy 
because it allows the employer 

713
00:37:23,600 --> 00:37:26,960
to make business decisions more 
freely. 

714
00:37:27,680 --> 00:37:32,920
But again, there has to be, if 
you ask me from like an HR 

715
00:37:32,920 --> 00:37:35,760
perspective, there has to be a 
reason why you're terminating 

716
00:37:35,760 --> 00:37:37,640
someone. 
For example, if a company is 

717
00:37:37,640 --> 00:37:39,920
going through a rift, which is a
reduction in force for those who

718
00:37:39,920 --> 00:37:44,800
might not know, there has to be 
a process to determine who is 

719
00:37:44,800 --> 00:37:47,720
part of that rift. 
Either you're looking at numbers

720
00:37:47,720 --> 00:37:52,160
and performance, or you're 
looking at first, last in, first

721
00:37:52,160 --> 00:37:53,720
out. 
Like there has to be some sort 

722
00:37:53,720 --> 00:37:56,120
of justification. 
It can't be this person's worked

723
00:37:56,120 --> 00:37:58,400
for us the longest, this 
person's the oldest, this 

724
00:37:58,400 --> 00:38:01,080
person, like that's where you 
come into discrimination 

725
00:38:01,080 --> 00:38:04,480
territory. 
So that said, obviously I'm not 

726
00:38:04,480 --> 00:38:09,520
an attorney there. 
There are places within the laws

727
00:38:09,520 --> 00:38:12,360
that people take advantage. 
And then there are places within

728
00:38:12,360 --> 00:38:14,840
the laws of where people are 
abundantly conservative like we 

729
00:38:14,840 --> 00:38:18,600
see in California and New York, 
which are extremely litigious 

730
00:38:18,600 --> 00:38:22,600
States and states that tend to 
lean toward in for, I should 

731
00:38:22,600 --> 00:38:26,160
say, in favor of the employee. 
There are more protections in 

732
00:38:26,160 --> 00:38:31,520
those states for employees, but 
in other states like Florida, 

733
00:38:31,600 --> 00:38:34,680
Texas, and some states 
throughout the Midwest, like 

734
00:38:34,680 --> 00:38:36,960
those protections are not 
necessarily there. 

735
00:38:37,200 --> 00:38:40,240
So employees really 
unfortunately do have to be very

736
00:38:40,240 --> 00:38:44,240
knowledgeable when they are 
engaging in any type of 

737
00:38:44,240 --> 00:38:47,360
relationship with an employer to
really know what their rights 

738
00:38:47,360 --> 00:38:49,280
are. 
I think we're kind of saying the

739
00:38:49,280 --> 00:38:51,960
same thing, but unfortunately a 
lot of people don't know. 

740
00:38:52,360 --> 00:38:54,600
And I think that's where it's 
really great that you are 

741
00:38:54,600 --> 00:38:58,320
helping people as they are 
navigating these things in their

742
00:38:58,320 --> 00:39:01,000
careers and in their 
experiences, which takes me to 

743
00:39:02,000 --> 00:39:04,360
probably one of my last 
questions for you because I've 

744
00:39:04,360 --> 00:39:08,680
probably made you totally lose 
your mind at this point on the. 

745
00:39:10,960 --> 00:39:11,720
Podcast Not at all. 
Not at. 

746
00:39:11,960 --> 00:39:15,320
All OK, good. 
When we think about layoffs and 

747
00:39:15,320 --> 00:39:18,480
the separation agreements and 
the severance and all that, when

748
00:39:18,480 --> 00:39:22,920
you are advising people on how 
to navigate those things to make

749
00:39:22,920 --> 00:39:26,640
the most of those moments and 
really squeeze the lemon for all

750
00:39:26,640 --> 00:39:29,880
of its juice, what do you 
typically advise? 

751
00:39:29,880 --> 00:39:33,080
Because by the way, for anyone 
listening, if you ever do see a 

752
00:39:33,080 --> 00:39:36,040
separation agreement, you have 
time to review it. 

753
00:39:36,040 --> 00:39:39,400
Do not let anyone pressure you. 
And especially if you're over 

754
00:39:39,400 --> 00:39:42,720
the age of 40 in certain states,
you have an extra long period of

755
00:39:42,720 --> 00:39:45,280
time to review. 
But anyway, Dan, going back to 

756
00:39:45,280 --> 00:39:47,160
that question, what do you 
typically advise? 

757
00:39:47,680 --> 00:39:49,000
Yeah. 
So just, I just want to clarify 

758
00:39:49,000 --> 00:39:51,760
a few things. 
So, so when you're under 40, 

759
00:39:51,960 --> 00:39:55,000
they can give you as little time
as they want to review the 

760
00:39:55,000 --> 00:39:57,400
agreement. 
They can pressure you to say, 

761
00:39:57,400 --> 00:40:00,440
hey, you have until the end of 
the day or else you don't have 

762
00:40:00,440 --> 00:40:02,240
it. 
Now, whether that's right to do 

763
00:40:02,240 --> 00:40:05,240
or not, they have no legal 
obligation to offer severance 

764
00:40:05,560 --> 00:40:07,440
when you're over 40. 
They have an obligation to give 

765
00:40:07,440 --> 00:40:10,600
you 21 days to review it and 
seven days to revoke it if 

766
00:40:10,600 --> 00:40:13,160
you're laid off by yourself. 
If you're terminated with just 

767
00:40:13,160 --> 00:40:15,880
one other person, it's 
considered a group layoff and 

768
00:40:15,880 --> 00:40:18,600
you're allowed 45 days to review
it and seven days to revoke. 

769
00:40:18,600 --> 00:40:20,920
I think the caveat is 
California, I think under 40 

770
00:40:20,920 --> 00:40:24,480
they have a certain minimum. 
But anyway, yes, there there are

771
00:40:24,680 --> 00:40:27,240
I think. 
We'll have to I, I, I don't 

772
00:40:27,240 --> 00:40:29,040
know. 
I've, I've worked with 100 

773
00:40:29,040 --> 00:40:33,320
people from California that had 
these issues and I, I, I, I have

774
00:40:33,320 --> 00:40:34,920
not come across that. 
So you may be right. 

775
00:40:34,920 --> 00:40:37,920
There's a lot of there's a lot 
of one off flaws in, in 50 

776
00:40:37,920 --> 00:40:40,440
states all over the place. 
So San Francisco. 

777
00:40:40,440 --> 00:40:43,400
Versus California on the whole. 
But anyway, go ahead please. 

778
00:40:45,080 --> 00:40:48,000
Yeah, I, I think I just lost my 
train of thought that we, we'll 

779
00:40:48,400 --> 00:40:50,320
no worries, no. 
Worries you were clarifying the 

780
00:40:50,320 --> 00:40:53,840
point on time to review and then
I had asked you what you. 

781
00:40:53,840 --> 00:40:55,880
Typically died, Yeah. 
Yeah. 

782
00:40:55,920 --> 00:40:59,280
I mean, you know, you, you want 
to basically be honest with 

783
00:40:59,280 --> 00:41:03,920
yourself and with the company, 
you know, assess what really 

784
00:41:03,920 --> 00:41:06,040
went on here. 
You know, I mean, companies do 

785
00:41:06,040 --> 00:41:07,680
have a right to let employees 
go. 

786
00:41:08,040 --> 00:41:10,880
There are plenty of employees 
that perform poorly and deserve 

787
00:41:10,880 --> 00:41:13,800
to be let go. 
So be honest with yourself, you 

788
00:41:13,800 --> 00:41:16,360
know, and there's a lot of 
instances where companies are 

789
00:41:16,360 --> 00:41:19,400
acting poorly and targeting 
employees and terminating and 

790
00:41:19,400 --> 00:41:23,200
who don't deserve to be. 
And in those instances, stand up

791
00:41:23,200 --> 00:41:25,600
for yourself. 
In general, when it comes to 

792
00:41:25,600 --> 00:41:29,800
severance, most employees either
don't know that you can 

793
00:41:29,800 --> 00:41:33,400
negotiate it, don't know how to 
go about it, don't want to be 

794
00:41:33,400 --> 00:41:36,360
bothered with it, are too 
traumatized about what happened,

795
00:41:36,760 --> 00:41:38,840
have already moved on to the 
next job and we don't want to 

796
00:41:38,840 --> 00:41:39,760
and want to leave it behind 
them. 

797
00:41:40,320 --> 00:41:43,880
So as a result, most employee 
employers do not offer what 

798
00:41:43,880 --> 00:41:46,560
they're willing to pay if you 
can put together a compelling 

799
00:41:46,560 --> 00:41:49,040
reason why it's in their best 
interest to offer more. 

800
00:41:49,680 --> 00:41:51,960
And what I'm talking about is 
basically finding some meat on 

801
00:41:51,960 --> 00:41:54,360
the bones, being able to 
articulate in a strong, 

802
00:41:54,360 --> 00:41:57,600
assertive way, you know, perhaps
wrongdoing that took place that 

803
00:41:57,600 --> 00:42:00,920
led to your termination when it 
was a toxic work environment, 

804
00:42:00,920 --> 00:42:04,120
retaliation, targeting, 
compensation, theft, 

805
00:42:04,120 --> 00:42:07,240
discrimination. 
There's lots of different, what 

806
00:42:07,240 --> 00:42:10,520
I call my buckets of wrongdoing.
And you can build out your, 

807
00:42:10,520 --> 00:42:14,080
your, your facts and details of 
what you endured and have that 

808
00:42:14,080 --> 00:42:17,720
ready to present to use as a 
motivation and leverage to 

809
00:42:17,720 --> 00:42:20,920
negotiate a better offer. 
The National Labor Relations 

810
00:42:20,920 --> 00:42:24,640
Board ruled in February of 2023 
that non disparagement 

811
00:42:24,640 --> 00:42:27,360
agreements are no longer offered
or allowed in severance 

812
00:42:27,360 --> 00:42:29,640
agreements. 
I probably looked at 1000 

813
00:42:29,640 --> 00:42:31,120
severance agreements in that 
time period. 

814
00:42:31,360 --> 00:42:34,880
I've seen one that proactively 
addressed it correctly and 

815
00:42:34,880 --> 00:42:36,800
clearly. 
I've seen, you know, probably 

816
00:42:36,800 --> 00:42:40,000
100 that, you know, kind of just
referred to the change in law, 

817
00:42:40,000 --> 00:42:42,720
but didn't say what it was or 
where to find it. 

818
00:42:43,560 --> 00:42:47,320
You see what I'm saying? 
So employees, you know, if 

819
00:42:47,320 --> 00:42:50,040
you're not in a managerial 
position, you're not considered 

820
00:42:50,040 --> 00:42:53,480
a highly paid employee. 
You have the right to share your

821
00:42:53,480 --> 00:42:56,120
truthful experience. 
You have no obligation to hide 

822
00:42:56,120 --> 00:43:00,240
wrongdoing by the employer. 
And if people realize that, they

823
00:43:00,240 --> 00:43:02,720
people realize, think that if I 
sign my severance, they're 

824
00:43:02,720 --> 00:43:04,360
buying my silence. 
They're not. 

825
00:43:05,240 --> 00:43:09,760
Employers need to make advocates
of their employees, make fans of

826
00:43:09,760 --> 00:43:12,560
their employees. 
There's no better word of mouth 

827
00:43:12,560 --> 00:43:15,880
advertisement than a former 
employee saying what a great 

828
00:43:15,880 --> 00:43:18,520
company it is and how well they 
treated me when I left. 

829
00:43:18,520 --> 00:43:21,280
So true. 
You know, it's so easy to do. 

830
00:43:21,280 --> 00:43:23,360
It takes so little to do the 
right thing. 

831
00:43:23,760 --> 00:43:27,080
And you know, that stays with 
the employee, both good and bad.

832
00:43:27,320 --> 00:43:30,680
And what you don't want to do is
create a long line of enemies of

833
00:43:30,680 --> 00:43:33,680
former employees that have a 
grind with you and want to see 

834
00:43:33,680 --> 00:43:36,520
you fail. 
So, so treat them with dignity 

835
00:43:36,520 --> 00:43:37,800
and respect. 
Take care of them. 

836
00:43:38,200 --> 00:43:41,680
Value the time that they put in 
and, and, and be honest and 

837
00:43:41,680 --> 00:43:44,240
transparent. 
And if they're no good, then 

838
00:43:44,480 --> 00:43:46,600
manage them properly throughout 
their tenure. 

839
00:43:46,800 --> 00:43:49,920
Don't blind side them. 
And then now put all the onus on

840
00:43:49,920 --> 00:43:53,680
them to improve all of a sudden 
like that when they haven't been

841
00:43:53,680 --> 00:43:55,920
doing a good job the whole time 
and you haven't communicated 

842
00:43:55,920 --> 00:43:58,120
with them. 
Right, right. 

843
00:43:58,240 --> 00:44:00,560
So I agree. 
I agree 100%. 

844
00:44:00,920 --> 00:44:03,200
It costs nothing to be kind, as 
they say. 

845
00:44:04,200 --> 00:44:07,720
And I think you know, the the 
more honest and transparent we 

846
00:44:07,720 --> 00:44:11,800
can be and that we are, the 
better off everyone is in every 

847
00:44:11,800 --> 00:44:14,000
circumstance. 
And the the truest thing that 

848
00:44:14,000 --> 00:44:17,960
has been said is that the best, 
the best case scenario is that 

849
00:44:17,960 --> 00:44:23,200
you have people leaving a 
company feeling really warm 

850
00:44:23,240 --> 00:44:27,360
about their experience and being
converted into fans of the 

851
00:44:27,360 --> 00:44:30,680
company who want to see the 
company prosper and the people 

852
00:44:30,880 --> 00:44:33,240
that make the company prosper 
continue to prosper too. 

853
00:44:33,240 --> 00:44:34,840
You don't. 
I agree 100%. 

854
00:44:34,840 --> 00:44:37,800
You don't want a line of enemies
standing outside of your door at

855
00:44:37,800 --> 00:44:40,080
all. 
So if anything goes listening, I

856
00:44:40,080 --> 00:44:43,960
hope that you were able to have 
some of your deeply held beliefs

857
00:44:43,960 --> 00:44:45,760
maybe turned on their heads a 
bit. 

858
00:44:45,760 --> 00:44:47,320
Maybe you felt a little 
challenged. 

859
00:44:47,360 --> 00:44:50,200
Maybe you felt like you were 
totally aligned with Dan. 

860
00:44:50,200 --> 00:44:53,200
Maybe you've actually had your 
own experiences where you've 

861
00:44:53,200 --> 00:44:55,520
dealt with difficult 
circumstances. 

862
00:44:55,520 --> 00:44:56,560
Dan, do you want to say anything
on? 

863
00:44:56,640 --> 00:45:00,400
That I have consulted with 
probably close to a dozen HR 

864
00:45:00,400 --> 00:45:05,840
professionals. 
Chief people, Officers V PS DEI 

865
00:45:05,840 --> 00:45:09,600
folks. 
I'm telling you that they it 

866
00:45:09,600 --> 00:45:12,280
happens to everybody. 
Presidents of companies, Chief, 

867
00:45:12,760 --> 00:45:15,640
Chief revenue officers V PS HR 
people. 

868
00:45:15,840 --> 00:45:18,640
I will tell you one thing. 
Every person I've worked with in

869
00:45:18,720 --> 00:45:20,600
HR has had a highly successful 
outcome. 

870
00:45:21,080 --> 00:45:23,400
They know where all the bodies 
are buried, they know all the 

871
00:45:23,400 --> 00:45:26,560
underhanded tactics that 
employers use, and they use this

872
00:45:26,560 --> 00:45:29,080
information and their argument 
back to get a better offer. 

873
00:45:29,440 --> 00:45:31,640
Wow. 
Well, they're lucky to have you 

874
00:45:31,640 --> 00:45:34,120
supporting them. 
But I had a feeling you were 

875
00:45:34,120 --> 00:45:37,480
going to mention this because 
that I've, I personally know 

876
00:45:37,480 --> 00:45:40,320
people who have been burned who 
are in HR and have been burned 

877
00:45:40,320 --> 00:45:43,080
by companies that don't do the 
right thing consistently. 

878
00:45:43,080 --> 00:45:47,520
So I think, as I said at the top
of our recording, I think it's a

879
00:45:47,520 --> 00:45:51,760
wonderful thing when people have
mentors and advocates and people

880
00:45:51,760 --> 00:45:54,520
on their side, whether in or 
outside of the business. 

881
00:45:54,520 --> 00:45:58,360
So thank you for supporting 
employees when maybe some of our

882
00:45:58,360 --> 00:46:00,560
colleagues are not doing that to
begin with. 

883
00:46:00,560 --> 00:46:04,480
So with that, Dan, if someone 
wants to learn more about you or

884
00:46:04,480 --> 00:46:07,120
have a conversation or maybe 
they need your support, where 

885
00:46:07,120 --> 00:46:10,880
can they find you and connect? 
Yeah, I mean, I, I live every 

886
00:46:10,880 --> 00:46:13,880
day, all day long. 
And LinkedIn in my DM box, you 

887
00:46:13,880 --> 00:46:16,840
know, I've got a website, you 
know, you can, I've got a type 

888
00:46:16,840 --> 00:46:20,600
form that people fill out that 
they can seek help or assistance

889
00:46:20,600 --> 00:46:22,480
across 8 different practice 
areas. 

890
00:46:23,160 --> 00:46:25,440
You know you'll, you'll go to a 
specific type form for that 

891
00:46:25,440 --> 00:46:30,920
specific practice area. 
My website is dangoodmanea.com. 

892
00:46:31,680 --> 00:46:34,880
You can find me on LinkedIn. 
Dan Goodman, Employment Advisory

893
00:46:34,880 --> 00:46:38,800
is also on LinkedIn. 
Yeah, I, I, I, I post twice 

894
00:46:38,800 --> 00:46:41,480
every day about topics that 
people need to hear about. 

895
00:46:41,640 --> 00:46:43,600
If you're, if you have, if 
you're an employee. 

896
00:46:44,200 --> 00:46:47,840
I post every day at 8:23 and 
6:53 at night. 

897
00:46:48,960 --> 00:46:50,840
And yeah, I'm not going 
anywhere. 

898
00:46:51,040 --> 00:46:53,760
I'm having the time of my life. 
It's the most impactful work of 

899
00:46:53,760 --> 00:46:56,320
my life. 
And every day is a joy. 

900
00:46:56,400 --> 00:46:58,160
And I'm helping people every 
day. 

901
00:46:58,160 --> 00:47:00,440
And I, I, I feel and see the 
impact every day. 

902
00:47:00,440 --> 00:47:01,680
So that's. 
Amazing. 

903
00:47:01,800 --> 00:47:03,760
That's amazing. 
Well, congratulations on all of 

904
00:47:03,760 --> 00:47:07,080
your success and thank you for 
bringing some really interesting

905
00:47:07,080 --> 00:47:09,840
discussion to the podcast. 
Really appreciate your time. 

906
00:47:09,840 --> 00:47:12,280
And we'll have all of those 
links in the show notes for 

907
00:47:12,280 --> 00:47:14,880
everyone to easily click click 
as well. 

908
00:47:15,440 --> 00:47:17,800
Thank you so much, Dan. 
Thank you for having me, it was 

909
00:47:17,800 --> 00:47:20,920
a great time. 
Hey, just before you go, don't 

910
00:47:20,920 --> 00:47:23,680
forget to subscribe to the show 
so that you are the first to 

911
00:47:23,680 --> 00:47:27,440
hear when an episode drops each 
week and maybe leave a five star

912
00:47:27,440 --> 00:47:30,040
review and a comment about how 
much you loved this episode. 

913
00:47:30,200 --> 00:47:32,840
Plus, if you have someone in 
mind who would really enjoy this

914
00:47:32,840 --> 00:47:34,480
episode, make sure you share it 
with them. 

915
00:47:34,560 --> 00:47:37,440
Thank you so much for tuning in 
and I'll see you next week.

