Signs an Executive Might Be Getting Forced Out – and What to Do About It

Have you ever gotten the feeling that something is “off” at work? Perhaps your supervisors are acting with unusual formality, your colleagues are less chatty than normal, or you’re getting fewer desirable work assignments than before. While there are often perfectly reasonable explanations for these phenomena, they can also indicate that your employment may be about to end, especially if you are an executive or other high-level employee. Termination of executives typically is a longer and more involved process than that of lower-level employees, as management must make the necessary arrangements for the executive’s departure, including working out a severance package, finding a replacement, and implementing a transition plan. 

If you’re an executive and feel as though you’re being forced out (or that you’ve already been forced out), you should consider speaking to a Richmond executive employment lawyer who can help you weigh your options. 

You’re Being Quietly Sidelined 

Sidelining typically occurs over an extended period, making it difficult to pinpoint exactly when it starts. Some key clues that you might be being sidelined include: 

• Meetings occurring without your attendance  
• Decisions are being made without your input
• Direct reports are being reassigned without your consultation 
• Changes in work assignments that reduce your responsibilities 

In some cases, sidelining can even cross the line into constructive discharge — a scenario where management attempts to induce an employee to quit by making their working environment so intolerable that they feel they have no other choice.

What to Do

If you think you’re being sidelined, document changes to your role and compare them to your original job description or employment contract. While sidelining and constructive discharge themselves are not necessarily unlawful, they can become unlawful if they violate your employment contract or are motivated by a prohibited purpose (e.g., discrimination).

They’re Creating a Paper Trail 

All employees have a paper trail of some sort, but a paper trail being built in anticipation of termination has several distinctive features. For example, you might be given more formal feedback than usual or asked to undergo unexpected professional development or training. In some cases, you might even be subjected to a performance review that is out of sync with your standard performance evaluations. These occurrences can indicate that your employer is laying the evidentiary groundwork to remove you from your role. 

What to Do

Make sure you request written copies of all feedback or performance evaluations. If possible, respond in writing so that your rebuttals become part of the official record. Do not sign anything — especially not a performance improvement plan, if one is offered to you — without consulting a Richmond executive employment lawyer first. 

You’re Hearing Talk of Restructuring 

Sometimes a restructuring is just a reorganization, and that doesn’t mean that you (or anyone else) are being terminated. But certain language — such as “realignment,” “streamlining,” and “new directions” — often indicate that personnel changes will be part of the restructure. If you are not being included in conversations about the restructuring, that’s evidence that you might not make it through. 

What to Do

Monitor personnel changes — who is being hired, fired, promoted, or reassigned? Keep records that indicate personnel changes are afoot, such as updated organization charts and job postings. 

Your Projects Are Being Delayed, Shuttered, or Reassigned 

Executives are hired to implement key organizational initiatives, and they are often given considerable leeway in structuring those initiatives, so long as they meet management’s expectations. If initiatives you crafted or once led are being reassigned, scaled back in scope, repeatedly delayed, or shuttered entirely, that could be a red flag that they — and you — are no longer seen as valuable to the organization. 

What to Do 

You probably do this already, but be sure to track the progress of initiatives you are working on and how they are meeting key performance indicators. If your projects are being reassigned, document who they’re being reassigned to. Also, request clarification in writing on shifting timelines, leadership changes, and organizational priorities. 

You’re Being Asked to Sign New Agreements 

You probably signed a lot of agreements when you started in your role. Some of the most common executive-level agreements include non-disclosure agreements, non-compete agreements, and non-solicitation agreements. These agreements typically last for the duration of your employment with the organization and beyond, so it is usually not necessary to “refresh” them prior to termination or resignation. If you’re being asked to sign new versions of agreements you’ve already signed or additional agreements, that could be a red flag that management is double-checking that their bases are covered before terminating you. 

What to Do 

If you’re presented with new agreements to sign, ask for a reasonable time to review them, particularly if they contain waiver provisions. Again, do not sign anything without having a Richmond executive employment lawyer look it over. 

You’re Being Pressured to Resign 

We’ve already discussed constructive termination, in which management attempts to make an employee’s working environment unbearable so that they will quit voluntarily. But executives might also be subject to less unpleasant pressure to resign, such as conversations with management that indicate that they’re giving you an opportunity to exit on your own terms. Such conversations typically revolve around “your future” or involve talk of “now being a good time to think about next steps.” 

What to Do

Voluntary resignation can be an attractive alternative to termination, as it allows the separated executive to save face and typically circumvents open animosity and hard feelings between the parties. But you may inadvertently waive certain benefits by voluntarily resigning, such as periodic bonuses, severance pay, and unemployment benefits. If you’re being pressured to resign, speak to a Richmond executive employment lawyer who can advise you on the legal ramifications of doing so as soon as possible. 

Preserve Your Rights by Working With a Richmond Executive Employment Lawyer 

For more information about what to do if you think you are being forced out, please contact a Richmond executive employment lawyer at Pierce / Jewett by calling 804-502-2320 or using our online contact form.