“You’re Fired, Now Let’s Negotiate”
Companies Use Severance Agreements as Press Gag Orders for Ousted Employees

Global executive search firm Christian & Timbers reports that laid-off employees are increasingly negotiating the terms of their separation, even when prior agreements don't exist. At the same time, companies are using severance and outplacement agreements to control employees' behavior, including contact with the media, especially around sensitive issues like layoffs.

According to Jeff Christian, chairman and CEO of Christian & Timbers, "Every termination is becoming a negotiation. Employees understand that companies value certain things like limited press exposure surrounding cost reductions and layoffs, and companies understand that such cooperation comes at a price. It used to be that only high-profile executives signed clauses related to limited press contact, but today, because some companies are faced with reporting a steady stream of negative news, managing employees' public comments could limit bad press and minimize damage to the company's image."

Christian & Timbers notes data that confirms increasing employee demand for severance and outplacement agreements. TrueCareers, a subsidiary of Sallie Mae that provides an online job board for educated, experienced workers, reported the results of a recent survey of 1,128 borrowers of Sallie Mae education loans: 63% said that they believe it's very important to negotiate severance and outplacement agreements up front in the job search process.

This new focus on termination agreements results from today's chaotic environment, Christian adds. "When significantly reducing the size of a company's work force, nothing ever goes seamlessly. Companies need to make bottom line gains through cost reductions while still balancing the negative effects that publicity may have on their consumers. Companies are trying to limit negative exposure and workers are trying to protect themselves in very difficult times."

Christian concludes, "The quid pro quo of these new severance agreements provides businesses with one more tactic to try as we all work toward more predictable times. These new kinds of severance agreements will be in play until companies can significantly reduce the pace of layoffs and bad news, and employees can feel more secure."


About Christian & Timbers
Christian & Timbers consultants is ranked among the top 10 retained executive search firms in the United States, with 13 offices across North America and Europe. For additional information: www.ctnet.com.

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