Article Collection

Don’t Look Back!

By Donald Asher

This article originally appeared in the May 2007 USAirways Magazine (usairwaysmag.com)

My last employer fired me from my job as a software sales engineer. They claimed I was falsifying expense reports, and I wasn’t. I did nothing that wasn’t clearly within the bounds of company practice, and I didn’t do anything I had not observed others do many times (none of them got fired). I have a clear-cut case of wrongful termination, and I am thinking about getting a lawyer. I am extremely worried about replacing this job. Even though I’m a 35-year-old guy, I’m prematurely gray on top in a field that worships the young and the new. So, should I dye my hair?

— Worried Face in My Mirror

Dear Worried Face:

You should be worried. You’re suffering from more than a bad hair day. You’re suffering from delusions about your situation. These dangerous ideas are about to cause you to jump off a perfectly good bridge without a working set of bungee cords. What you see as the safe route is in fact the most treacherous of all. Don’t jump! By which I mean, don’t sue.

Let’s lay to rest this idea about suing your former employer. I’ve been in the career business long enough to get gray hair that’s not premature in any way, and I’ve heard many clients say, “I have an ironclad case of wrongful termination” or “I am going to sue those [insert euphemism here].” I’ve only known one client to prevail, and in almost every case the plaintiff’s career was seriously damaged.

If you sue someone, you’ll have to focus on the past for years. A quick piece of litigation can take two years, but these actions usually last five, six, even seven years. So instead of having a forward-leaning career, you are rehashing the past, going to depositions, and responding to queries from your lawyer ad nauseam.

Oh, and you’ll probably have to pay for all this up-front. That’s a lot of investment in self-righteousness. My lawyer calls litigation “the sport of kings”—because you need a king’s treasury to finance it.

The fact is that the law favors employers in these types of cases. So just get over it and move forward.

If you think you have a really good case, consider this: I know a guy whose superior attacked him in his own office, punched him in the face, and tried to choke him. And they fired him, not the boss. He sued. He lost. The company had some terrified administrative assistant testify that she “heard a commotion” and ran into the room and found the men locked in combat, but she had no idea who started it. Think of the NFL replay rule: There is not enough evidence to overturn the ruling on the field.

Here’s another case you’d think would win in court: A female marketing executive complained to her boss about his habit of snorting cocaine off his desk and having intimate relations with his new wife in his office. He told her to mind her own business. So the executive quit her job and sued. She lost. She forgot to secure witnesses and other incontrovertible evidence to back up her outlandish claims. He showed up in court, clean shaven and in a suit, and denied everything. His blushing bride looked fabulous and was appropriately shocked, I mean shocked, at these outrageous accusations.

What is the one and only case that one of my clients won? A woman was fired for becoming pregnant. She sued, she won. But her case took seven years.

So here’s my advice on how to save your career: Write to human resources to protest the terms of your separation, and demand a positive reference and a statement that you left the company voluntarily. If they decline, have your attorney write a letter demanding that they give a neutral reference or be ready to compensate you for damage to your career. Point out that since you intend to work until you’re 75, that’s a lot of potential damage. (However, do not sue for wrongful termination as you described in your letter.) Then find a friend at the company who will be a positive reference for you if called at home, after office hours. If you don’t have any friends like this, maybe your termination was in order anyway.

Finally, dye your hair blond and spike it. Go for cool. Don’t look like a guy who’s hiding his age, but like a guy who’s too sexy for his hat. Then focus on your future and get busy finding another job. And best wishes for your future success.