It happens to everyone at some point: the boss calls you in.   Your heart sinks.   Sure enough: you’re just not needed anymore.  
 
Sometimes you know it’s coming – you were warned, or everyone knew that layoffs were coming.   Other times, it’s a bolt from the blue.   Occasionally, it’s even outrageous: you’re being laid off, while coworkers who are more/less {insert adjective of your choice here} are kept on.
 
What to do?  What to say?  What not to do or say?

Every layoff and firing is unique, of course, and there's no "one size fits all" answer that will apply to every situation.  There are some basic rules, however, that are worth bearing in mind should you be the subject of what folks in labor relations used to have been known to call "industrial capital punishment." 
 
Rule number one:  Don't Resign!

Frequently, when a worker is being fired "for cause," the employer seemingly graciously offers to let that person "resign their employment."   The idea, it seems, is that the worker gets to leave with some shred of dignity.  "You won't have to tell people you were fired," the employer may say; "you'll be able to tell people you resigned."

It is almost invariably a mistake for the employee to take the employer up on this offer, for a number of reasons.

1. In most (if not all) states, if you resign, you will instantly become disqualified to receive unemployment benefits.  "Voluntary quits" from the workplace almost always make people ineligible to receive these benefits that were designed for people who are fired, laid off, or whose jobs have been eliminated.  True, the employer may contest your right to receive such benefits anyway on the grounds that you were fired for misconduct.   But there is no sense in your making it easy for them to deprive you of this valuable economic safety net.
2. You have to ask yourself, "How will that 'I resigned' conversation go?"   In most cases, if you find yourself telling a future employer that you "resigned," the next question is going to be, "Why?”.   Unless you're going to lie like a rug (an option I will be addressing in future posts), you're going to have to answer, "Because otherwise I was going to be fired."   So what has "resigning" gained you?   Nothing.
3. By resigning, you're giving up what may be the only leverage you have.  Most employers, even if they're firing you for cause, would like you to go quietly – no muss, no fuss, no lawsuits and no negative publicity (or trashing them on your Facebook page).   It may be that in exchange for your promising not to do any of those things, they'll not only let you resign, but will agree to provide you with a letter of recommendation, and/or some cold hard cash, and/or an extension of your health benefits (if any).  So rather than resigning when they offer you the chance, better to decline at least until you've explored just how much that resignation may really be worth. 

Next up: What To Do When You Get Fired, Part 2:  Evaluate Your Legal Rights