According to Business Insider, Pav Stojkovic, former chief people officer at companies including The Athletic and biotech startup Omeat, has laid off hundreds of workers over his decade-long HR career and is now sharing critical advice for what to do when you get fired. Stojkovic emphasizes that even if you’re terminated for poor performance, you should still qualify for unemployment benefits in most cases, and that employers typically only contest claims for gross misconduct like theft or harassment. He reveals that while companies usually won’t budge on severance amounts due to consistency concerns, there’s no downside to negotiating benefits like COBRA coverage. Most importantly, he warns that publicly bashing your former employer could nullify your entire severance package due to standard non-disparagement clauses.
The emotional trap
Here’s the thing about getting laid off – it’s deeply personal, even when it’s “just business.” Stojkovic gets that the immediate reaction is often “I’ve put so much of myself into this job, and this is how they treat me?” And he says that feeling is completely valid. But he’s also been on the receiving end of that anger – yelled at point-blank – and here’s the brutal truth: when you react emotionally, you go from “good actor” to “liability” in their eyes. Suddenly, the HR person’s job becomes getting you to sign that paper and get you out the door as fast as possible. They’re less willing to be flexible, less willing to meet you where you are. Basically, you’re shooting yourself in the foot when you let emotion drive the bus.
What could cost you everything
This is where people make career-changing mistakes. Publicly bashing the company on social media? That non-disparagement clause in your severance agreement isn’t just legal boilerplate – it’s enforceable. Companies can and will pull your cash severance, stock options, even health insurance for your family if you violate it. Forwarding work emails to your personal account on the way out? That’s taking confidential information, and it could land you in even hotter water. Now, most employers are smart enough to distinguish between venting and genuine threats, but do you really want to test that theory with your family’s financial security on the line?
The power of negotiation
Here’s what surprised me – Stojkovic says you absolutely have leverage in these situations. Don’t just sign whatever they put in front of you. Take the documents, review them, and come back with questions. The company wants you to sign that release of liability, so they’re not going to pull your entire package just because you asked for more. Sure, they probably won’t increase your cash severance – most companies have formulas based on seniority and tenure. But COBRA coverage? That’s often negotiable. Asking for 50% coverage for a few months costs you nothing to ask and could save you thousands. The worst they can say is no.
Your immediate action plan
First, get your employee file. In most states, companies are legally required to provide it, and having those performance reviews could be gold when explaining to future employers that your layoff wasn’t performance-related. Second, swallow your pride and file for unemployment. So many people think “that’s not who I am” or it’s only for people with no money. But here’s the reality: unless you were fired for gross misconduct like stealing or harassment, you qualify. Stojkovic says he’s never contested a single unemployment claim in his career. Finally, reach out to your network. We’ve all been there – career setbacks happen to everyone. Don’t tuck your tail between your legs. Take a breather, then get back out there with your head held high.
