New York Lawyer
July 28, 2005

Q:
Today, my supervising partner called me into his office and told me that I should start looking for a new position, claiming that the move was for budgetary reasons. He told me that there was nothing wrong with my work product, but that the firm just couldn't keep me. The partner said "all the right things," offered to be a reference, and is giving me a month to find a new position rather than putting me out right away.

Unfortunately, I think that the firm may actually be unhappy because of a few issues that came up with a client I work with on a regular basis. However, the issues were due to errors by the support staff that perform tasks that I have no involvement in and I am not responsible for supervising those staff members. Nonetheless, I think that I am being blamed for their mistakes -- either by the partner or by the staff members.

I don't know what to do. I don't think there is anything I can do to salvage my working relationships at the firm even if I explained what I think happened, but I need the job because I am over-extended financially -- even the month matters. I know I should move on no matter what, but is there anything I can do to keep my current position even if it takes longer than a month to find a new one?

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A:

It�s hard and perhaps impossible to know what�s really going on in this situation. It could be that the firm is responding to pressure from a client unhappy with work that is done, and the firm is trying to show that it is "doing something" in response to the perceived problem. On the other hand, it could be that you in fact do bear some responsibility here, and that the firm is trying to nicely ease you out of the picture rather than being honest about performance problems.

In any event, it�s frustrating to be unsure. I�m inclined to agree that the cover story (financial stress) is a pretext, but I can�t tell whether the real reason is pleasing the client, your problematic performance, or some combination.

And I doubt it would get you anywhere to probe for the "real" reasons for your dismissal. I presume you are an at-will employee and consequently they can let you go for any reason, good or bad or nonexistent, so long as it�s not an illegal reason. Obviously you can explore whether you have any basis for a cause of action against them based on an illegal factor, but I assume you would have brought that up if it was relevant. If in fact you are being let go due to dissatisfaction with performance on a particular matter, you could try to suggest that you simply not work on that matter, and explain that there have been some slip-ups that you don�t believe you could have controlled or prevented. I don�t think it will work, though.

Instead, why don�t you ask for some severance to ease your transition to your next employment? Not only could it include some pay after you leave, but also could include outplacement services to help you search. You could explain to the partner that you have some significant financial constraints, and that therefore you will need more support in transitioning to another job than a mere month's notice. They are not required to provide severance, but if your theory is correct (that you are basically a fall guy), they might be inclined to help you out a little.

Apart from that, it�s obvious that you should start job hunting right away, building on your experience at your present firm and looking for a better fit somewhere else. If you are being tossed out for the reasons you suggested, you will assuredly be better off at a different place anyway.

Sincerely,
Holly English