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You need a 'professional prenup' to protect yourself from layoffs, according to the Corporate Bro

Mar 7, 2023, 18:40 IST
Business Insider
"People need to normalize this conversation," said Ross Pomerantz, a content creator who operates under the name Corporate Bro.Ross Pomerantz
  • Ross Pomerantz is a startup advisor and content creator who operates under the name Corporate Bro.
  • He says that job seekers need to have "professional prenups" before they sign on with new employers.
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No one wants to talk about divorce in the midst of a budding romance — and the same is true about job interviews. When you're being wooed by a potential employer, the notion that the organization could one day lay you off is practically sacrilege.

But as the past few months have shown, job cuts can be an unfortunate reality of work. And failing to get an understanding of the resources you'll have available if it happens to you is a big mistake, said Ross Pomerantz, a startup advisor and content creator who operates under the name Corporate Bro. He has more than 188,000 followers on TikTok.

"When you're in love, you don't like to think about the end, but it's pragmatic and practical to do so," he told Insider.

Pomerantz, who has an MBA from Stanford, said that job seekers should try to secure a "professional prenup" — that is, a contractual understanding of what their potential severance package might look like if the company were to conduct layoffs — before they start work.

Insider spoke to Pomerantz about why he thinks these prenups are necessary and how to broach them with a prospective employer.

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This conversation has been edited for length and clarity.

The idea of a "professional prenup" sounds rather … unusual. Have you come across them much?

It isn't unheard of. It's standard practice in C-suite jobs and any high-level appointment: Employment contracts at that level contain what I think of as a "price for breaking lease" — almost like an agreement buyout. The details vary, but often involve stock options, cash, and benefits.

But as in a lot of things, there's a classic delineation between the top and the bottom. More regular jobs don't get this sort of treatment.

So if you're in the market for a "more regular job," how exactly might you bring this up to a potential employer?

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I recommend saying, "I don't expect to be laid off for performance reasons, but given everything that's been happening in the economy, what type of resources does this company offer should it find itself in the unfortunate position of having to let people go?"

Is asking the question a bit risky?

Hiring managers have told me that it would be a red flag if someone asks that. But to me, it shows you're a strategic thinker and you're someone who understands that not everything lasts forever.

People need to normalize this conversation. It's similar to pay transparency. The more people asking about it, the more companies will be prepared to answer the question.

At what point in the interview process do you broach it — and who do you ask?

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Companies have more power now than they've had recently, but you need to remember that when you're interviewing for a job, you should be also interviewing the company. Do your due diligence on how healthy the business is, its strategic direction, and whether there are systems in place should this company experience an unforeseen downturn.

In a big company, you could put it to someone in talent acquisition or HR. It's actually an easier conversation to have with smaller companies. In a small, 20-person company, there's a good chance you're interviewing with senior leadership.

What if it's too late — you didn't have a prenup and the company is breaking up with you, so to speak. Can you negotiate your severance package?

In a lot of cases, you can't. It's, "This is what we're doing and we're doing the same thing for everyone."

It's too bad because many folks right now are the victims of some consultant's spreadsheet. They're capable, good performers, but they're casualties of the situation.

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So there's no hope then?

The fundamental truth is: You don't get what you don't ask for.

You've got nothing to lose by asking for more. It's all about your tone. Don't be angry — this is not a desk-flipping situation. I suggest saying, "I've been here for X years, I've put my heart and soul into this place. I know you didn't want to get rid of me. But this severance agreement feels like a slap in the face."

What's the worst thing they could say? "You're fired." Too late.

What's on the table?

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Lots of stuff: medical benefits and severance dollars against your base salary come to mind. But there's also company equipment and home gear — maybe you could keep it. If you have stock options, the company could also extend and accelerate your vesting schedule.

My advice would be to send this email to the person at the company with whom you have the best relationship. Hopefully, they'll give it to you straight. But if you're not happy with the answer, ask someone else.

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