Just as most people don't want to think about losing a job, many
financial planners haven't thought much about the needs of clients whose
income is reduced during unemployment. Their counsel hasn't changed in 20
years: "Three to six months' expenses in a savings or money market account
ought to tide you over in the event of an emergency." But this advice won't
cut it today. A three to six months' cash hoard will be stretched severely
by the expenses of a job search, as well as by increased health, life and
disability insurance premiums.
Under most company's policies, the number of weeks' pay offered as
severance is computed on base salary alone. This figure might seem adequate
at first glance. However, if you've enjoyed a lifestyle buttressed by
bonuses, commissions or an override, your actual severance pay, which
doesn't account for these elements, will bring you back to reality
fast.
An Eight-Step Strategy
When financial planners help clients devise strategies for retirement,
education funding or estate and tax planning, they employ a classic
five-step process. This same process, enhanced by three additional steps,
can help enormously when planning how you'll negotiate a separation package
and put the resulting funds to best use. The revised process, including
additional steps, would be:
1. Establish a budget of monthly expenses.
2. Define your objectives.
3. Identify your resources.
4. Quantify the gap between your resources and objectives.
5. Negotiate to close the gap.
After your initial negotiations, you should:
6. Take steps to close the post-negotiation gap.
7. Monitor your progress.
8. Go back and negotiate for more if you need it.
Step 1: Establish a budget of monthly
expenses.
Your most reliable source of data will be your checkbook register. For monthly expenses, use the last three months
and calculate an average. Be sure to backtrack for the full year to pick up
quarterly, semiannual and annual payments, such as property taxes and
insurance premiums.
The sad truth is there are few areas where you can cut back just because
you're out of work (or soon will be). In fact, when you review your
worksheet, you may find that certain expenses will rise, particularly if
you've relied on your employer for such benefits as a car, association
dues, club memberships, subscriptions and insurance coverages.
Step 2: Define your objectives.
Now that you've calculated how much you need to get by, define your
objectives. This process requires some quiet, serious thought. Perhaps you
were planning to retire at age 65, move to a warm climate, buy a home,
travel a little, play some golf or tennis and generate about 50% of your
current gross income per year in after-tax income. You would have added up
your pension and retirement-plan benefits, Social Security, investments and
cash resources, calculated how much more you'd need to save, and started
stashing it away. But your premature unemployment forces you to contemplate
a muddier picture.
The first question to ask is "How long will I be unemployed?" Or, in
other words, "How long must I plan on providing a weekly income for
myself?" In the past, the rule of thumb was to assume it would take one
month to find a job for every $10,000 you wanted or expected to earn.
Unfortunately, this rule is no longer valid.
A widely esteemed financial-planning guru once said that the only thing
a financial planner can count on is that his or her assumptions will be
wrong, and that the further out the plan is projected, the more wrong the
numbers will be. For your plans to hit close to the mark, consider the job
market as a pyramid. The lower on the pyramid you are, the greater the
number of available jobs. The higher you are, the fewer the
opportunities.
For every 100 telemarketers, for example, there may be only five to 10
supervisory positions, and two or three who manage those supervisors. And
there's only one seat reserved for the marketing director. If that's the
job you seek, it will likely take you longer to land than if you were
looking for a junior-level spot.
Your best-case scenario should be to land a new position in three
months, with one year being the worst case. Fortunately, because of this
pyramid concept, many companies provide senior people with more generous
severance packages. However, this gives them less of an incentive to find a
new position quickly.
Once you've made an assumption about how long you might be unemployed,
the next question to ask is "What do I want to do now?" In recent years,
many laid-off white-collar employees said farewell to corporate America.
They started their own businesses as consultants, service providers and
manufacturers. If you've been thinking about a change, now may be the time.
If you agree, decide how much capital you'll need, including money to live
on for a year. Look for a full-time job only if, after a year, your
business isn't moving in the direction you want. Remember, most businesses
take two years to get off the ground. The same rules apply to changing
careers or returning to school. Do it immediately after depositing your
separation package, and don't waste time. When you're unemployed, time
truly is money.
After you've made assumptions about how long you'll be unemployed, the
type of job, if any, you want, and what your monthly expenses should be,
it's a simple procedure to determine how much money you'll need. Take your
monthly expenses, revised to reflect being unemployed, and multiply that
figure by the number of months for which you want to plan. To play it
really safe, add another three months as a cushion. This is the amount of
money you'll need.
Step 3: Identify your resources.
Your next step is to identify the resources that will help you make ends
meet while unemployed. These may be numerous or nil. Consider the
following:
Cash on hand. This is cash or cash
equivalents you hold in savings, checking or money-market accounts.
Certificates of deposit, depending on their maturity, may also be
considered as cash on hand.
Unemployment. As a rule, unless you
were fired for misconduct or resigned without provocation, you'll be
eligible for state unemployment benefits. Your employer neither provides
unemployment benefits to you nor can your employer withhold them.
Accordingly, don't become effusive if your employer tells you that you're
eligible for unemployment. It's no concession from the company, so don't
negotiate away something out of gratitude for it.
Unemployment can be an important source of cash. While it may not seem
like much, that $200 to $300 a week can cover a monthly mortgage or car
payment, with money left over for gas. Don't waste time waiting to file for
unemployment benefits, because there's usually a one-week delay before the
first payment.
Remember, unemployment isn't welfare. You've funded it through the taxes
you paid during your work years. Most states allow claimants to file by
phone, dispensing with waiting in long lines in dreary offices. The benefit
duration is at least 26 weeks and, in some states, 32 to 52 weeks.
Bear in mind that the financial-planning rule, "Make money, pay taxes,"
applies to unemployment benefits as well. You'll have to pay taxes next
April 15 on any benefits you receive now. Unless you're sure you'll have a
job and the cash to pay the taxes, it's a good idea to use half to
two-thirds of the unemployment check to help pay bills, and hold the rest
aside in an interest-bearing account until tax time. How much you set aside
depends on your tax situation -- the higher your tax bracket, the more you
should withhold. When calculating your taxes, remember that if you're
receiving a significant separation payment, it may raise your bracket.
Under current law, this too is taxable income.
Severance pay. To determine the
amount you'll receive, review the company's severance summary-plan
description. Every employee is entitled to ask for and receive a copy of
this plan.
Employee benefits. When calculating your available cash, don't forget
employee benefits that may provide additional resources. These include
incentive stock options or stock appreciation rights (ISOs and SARs), stock
purchase plan shares, employee stock ownership plans (ESOPs), and so on.
Investigate how and when you'll receive these benefits.
Turning the proceeds into cash can have important tax consequences. For
example, one former employee's stock purchase plan allowed her to buy stock
at a 15% discount off the current market value. But there was a holding
period of one year for her plan. If sold sooner, the discount was treated
as ordinary income instead of capital gains when the stock is sold. As the
former employee liquidated her stock to meet her needs, she instructed her
broker to sell the oldest shares first so that she would be taxed on the
profit at 28%, the current capital-gains tax rate, versus 39.6%, the
federal income tax rate she was subject to at the time.
Investments. While not cash per se,
your investment portfolio can be turned into cash if necessary. As a first
step, review your portfolio and determine how much income it's generating
right now. Be sure the income you're counting on is reliable. If it comes
from stock dividends, do some research to be sure the issuer has reliably
paid the dividend throughout a full economic cycle. If it's from bonds,
check the credit rating of the issuer to make sure it's investment
grade.
Since your objective is to maximize your income during unemployment,
consider making changes in your portfolio to make it more income-oriented.
But consider the tax consequences of your investment decisions. It won't do
you any good to take a $1,000 profit to create another $50 per year in
annual income, since under current tax law, you might have to pay $280 in
federal capital-gains taxes.
401(k) Plans/IRAs/retirement-plan
monies. A first rule of advice: Don't touch this money unless
you absolutely must. The second and third rules are the same. Why? It's
growing tax-deferred, which makes it better than any other investments you
may have. So it should always be the last thing you use. And unless you're
age 59 1/2 or older, any monies you withdraw are subject to a 10% penalty
tax in addition to the usual state, city and federal taxes you'll pay.
For IRA plans, there's an exception to this rule, known as "substantial
equal payments," but it requires you to make roughly the same size
withdrawal each year based on actuarial calculations of your life
expectancy. If your financial need is great enough to use your IRA balance,
it's probably going to be much more than a fraction of what you've
accumulated. If you're age 59 1/2 or older, this money becomes more
attractive, but it still should be the last savings you use.
Home equity. Substantial equity in
your home is a source of income you may not have considered. But before
applying for a home-equity loan or line of credit, consider these factors:
How much equity do you have, how much will it cost to get at it and what's
happening in your local real-estate market?
Try not to increase your mortgage if you can avoid it. If you bought
your home for $150,000 and owe $75,000 on a $120,000 mortgage, don't borrow
any more than the $45,000 you've already paid in, even if you think it's
worth $200,000 in today's market. This rule doesn't apply if you bought
your home in 1965 for $11,000 and today it's worth $500,000.
Another thought: It's better to assume a line of credit than to take a
loan. That way, you only use and pay interest on what you need to get by,
month to month. In fact, if you're still working but think your job may be
in jeopardy, it's a good idea to apply for that line of credit now.
Remember, banks are more disposed to extend credit to people who have jobs
than those who don't.
Taxation of separation payments. Many
companies will automatically tax severance payments at a 28% rate. But some
don't. They'll use the rate you have on file as your usual rate, which may
be considerably higher. If you want to improve your immediate cash flow,
have them tax your payment at 28%. Beware, however, that in April, the tax
person cometh, and you'd better be ready to pay up.
Step 4: Quantify the gap between your resources
and objectives.
Add together the following information about your resources on a
worksheet: the amount of cash you have on hand, your unemployment benefits,
separation package, investment income or investments (one or the other, but
not both), employee-benefit proceeds, retirement-plan proceeds (only if
absolutely necessary) and home equity.
Take the total and divide it by the number of months you think you'll
need to land a new job. This is your monthly cash in-flow figure. Next,
subtract from that figure your monthly cash out-flow amount. If you come up
with a negative number, you have a gap between the reality of your
objectives and your available resources. If the figure is positive, you
have a surplus, which should be set aside each month to help you stretch
your unemployment period as long as necessary. If you have a surplus, go to
Step 7. If you don't have a surplus, read on.
Step 5: Negotiate to close the
gap.
You've done your homework and have the figures to back up your story.
When you start negotiating, you'll be armed with knowing a target amount of
money, legitimately arrived at, that you'll need to live on. Since this
amount will be real to you (unlike some fantasy figure you pulled from a
hat), you'll be able to tell your story with conviction. A compelling
story, backed by logic and reason, usually will get you more than anything
else you bring to the table, including the threat of a lawsuit.
Step 6: Take steps to close the post-negotiation
gap.
If a gap still exists after you've done all you can to negotiate with
your employer, consider these steps to close it. First, take another look
at your budget. What can you reduce or do without? Your monthly mortgage
payment might be lowered by refinancing, depending on interest rates. But
be sure that the cost of refinancing doesn't eat up the monthly reduction
in your payment.
If you have a second home, and there's a decent rental market, rent it.
If you have any credit-card debt and you're paying interest every month,
get rid of it. Use your separation pay, a home-equity loan or a line of
credit to pay it off. The interest on the home-equity debt is
tax-deductible; the interest on the credit card isn't. The home-equity
interest rate also is likely to be half the rate of your credit card.
Step 7: Monitor your progress.
Financial planners say this is the step people always want to ignore,
although it's probably the most important part. After working hard to
establish a plan, you must constantly adjust and update it. But how? And
when?
The best time to check your progress is at the end of each month or when
paying bills. Take a few minutes to review what you've spent. Make a note
of any shortfalls or surpluses you have on specific expense lines on your
budget. If you've spent more than you expected on a specific item, examine
it carefully. Is it an anomaly or did you miscalculate? If you
miscalculated, review your budget for any surplus that could cover a
deficit elsewhere. If you're way over budget, start the whole process again
and find a way to cut back.
Step 8: Go back and negotiate for more if you
need it.
Surprisingly, this last step works occasionally. The odds may be against
you, but try anyway. It may be particularly hard to negotiate for cash from
your employer several months after a termination, but you may fare better
with non-cash items, such as continued perks, subscriptions and
publications, access to the corporate library or secretarial help. All of
these will help you find a new job and get you off your employer's
conscience. Again, the worst that can happen is you'll be turned down.
While you may not have enjoyed painting this financial picture of
yourself, at least with this information in hand, you're in control of the
details.
--Ms. Galos is an attorney in Millerton, N.Y., who specializes in
employment law and human resources. Dr. McIntosh is a freelance writer in
Oceanside, N.Y. They are co-authors of "Firing Back: How to Cut the Best
Deal When You're About to Lose Your Job" (1997, John Wiley & Sons),
from which this National Business Employment Weekly article is
adapted.