Wade Law Group April 2019

TIME TO SAY GOODBYE IS TRANSPARENT SEPARATION RIGHT FOR YOUR COMPANY?

Getting fired is a horrible experience. Losing a job is hard on an employee, and terminating an employee can create a whole mess of grief for a company. In a 2018 article for Harvard Business Review, Investopedia CEO David Siegel laid out his strategy to avoid the troubles of termination by offering a more considerate approach to firing: transparent separation. In a transparent separation, when underperforming employees are informed that their tenure with the company is coming to an end, they are given a time frame to look for a new job before their last day. Employees are asked to keep the arrangement confidential and are expected to maintain job performance. Siegel states that employees who abuse the goodwill of transparent separation should be let go immediately. Transparent separation is a wild departure from the traditional termination playbook, but Siegel insists that the strategy offers some incredible benefits, including the following: • Departing employees avoid the struggle of trying to find a new job while unemployed. • There’s reduced legal risk that the company might be sued by an angry employee. • Managers are not cast in an adversarial role for abrupt firings.

If your ex opposes the move, they can file an objection with the court. A judge will set up a relocation hearing to review the situation, and they’ll consider several factors when making a decision. In addition to your custody agreement, these factors include: MOVING ON AFTER DIVORCE WHAT TO FACTOR INTO YOUR DECISION TO RELOCATE • The company has time to find a suitable replacement, resulting in a smoother transition. • Remaining employees feel more comfortable when they don’t have to worry about “disappearing” overnight. Even with all these positives, Siegel notes that transparent separation may not be the best course of action for every employee termination. For example, if the soon-to-be-ex employee is a manager whose toxic behavior is harming the work environment, they need to be shown the door immediately. Siegel claims that in two-thirds of cases, transparent separations offered the best outcome both for the company and the former employee. There are potential drawbacks to transparent separation. Opponents to this strategy note the potential damage a disgruntled employee can cause after being told they are losing their job. Some employees may even prefer to collect severance and leave so they can fully focus on the job search. Is transparent separation the answer to all your termination woes? The jury’s still out; there’s no one-size-fits-all solution to any business problem. What works great for one company might not be best for another. But if you think the pros outweigh the cons, transparent separation might be worth considering the next time your company has to say goodbye to someone.

The reason for your move.

The children’s need for routine and stability.

You and your ex’s relationship with the children.

• How a move will impact your ex’s relationship with the children. • The harm that could come from moving.

In most cases, a court will be more sympathetic if there is a motivation behind the move, such as a new job, as opposed to just the desire to live in a new place. The court might also look at other concerns to decide whether a change in custody arrangement is appropriate. As the California judicial branch designates, you should be able to relocate with your children if your ex cannot show that moving would cause them harm. If your ex opposes your desire to relocate with the children, you are most likely headed to court. In this situation, you have a right to legal representation to protect your children. When it comes to matters of family law, the attorneys at Wade Law Group are here to help.

You’re ready to move on. You’ve survived the divorce, and now you want to put mental and physical distance between you and your ex. For many people, relocating after a divorce is a chance to start fresh. If you have a custody agreement in place, however, it can make relocating a bit more complicated. Giving up custody isn’t an option if you want to continue to see your children as much as possible. So what are your options? First, your desire to move will not automatically mean you lose custody of your children. If you and your ex have joint custody, you will need to show that a move will be in the best interest of your children if you want to bring them with you.

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