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Or sign-in if you have an account.Waiting until after termination is like calling a lawyer after signing an unfavourable contract or a release, writes Howard Levitt. Photo by Getty Images/iStockphotoThe most important conversation in a negotiation is the one you never hear. It’s not the exchange across the boardroom table. It’s not the carefully crafted presentation. And it is not the final offer.Subscribe now to read the latest news in your city and across Canada.Exclusive articles from Barbara Shecter, Joe O'Connor, Gabriel Friedman, and others.Daily content from Financial Times, the world's leading global business publication.Unlimited online access to read articles from Financial Post, National Post and 15 news sites across Canada with one account.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles, including the New York Times Crossword.Subscribe now to read the latest news in your city and across Canada.Exclusive articles from Barbara Shecter, Joe O'Connor, Gabriel Friedman and others.Daily content from Financial Times, the world's leading global business publication.Unlimited online access to read articles from Financial Post, National Post and 15 news sites across Canada with one account.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles, including the New York Times Crossword.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorIt is what happens after you leave the room.The door closes.Someone says, “I like her.”Someone else replies, “I don’t trust her.”A third person says, “If we drag this out another month, they’ll fold.”Or perhaps, “We’re going to lose this employee if we don’t settle today.”FP Work touches on HR strategy, labour economics, office culture, technology and more.By signing up you consent to receive the above newsletter from Postmedia Network Inc.A welcome email is on its way. If you don't see it, please check your junk folder.The next issue of Work will soon be in your inbox.We encountered an issue signing you up. Please try againNone of those comments appear in the minutes. None are said to your face. Yet they often determine the outcome long before the next meeting is scheduled.Most executives believe that they will know when their job is in jeopardy.They imagine that there will be warning signs: a poor performance review, a confrontation with the CEO, a reprimand from the board, declining results. Indications that things are not going well. Something obvious.Usually, there are none.Instead, it begins with a conversation you were never invited to, possibly after a conversation you were involved in.A board member asks whether the company needs a different kind of leadership for its next phase. A CEO wonders aloud whether a new perspective might help. An HR executive is asked to quietly review an employment agreement. An executive recruiter receives a discreet phone call.None of these conversations involve the executive whose future is being discussed.After more than four decades negotiating employment disputes, I have learned that deals are rarely won because of the perfect legal argument. They are won because you shaped the conversation that took place before you were gone.One thing I have observed with remarkable consistency is that by the time an executive calls me after being terminated, the most important decisions have already been made, weeks or even months earlier.The legal issues remain. I can negotiate severance, protect reputation, enforce contractual rights and, where appropriate, litigate.But the opportunity to influence the decision has already passed.That is unfortunate because corporate decisions are rarely as final as they initially appear.Boards change their minds. CEOs reconsider. Roles are redefined. Departures can become transitions. Timelines can be extended. Dignified exits can be negotiated instead of abrupt dismissals.But those possibilities exist only while decisions are still evolving.Most executives do not appreciate how quickly the internal narrative can shift.Yesterday’s indispensable leader becomes today’s obstacle to transformation. The executive who successfully guided the business through one challenge is suddenly viewed as the wrong person for the next.Sometimes the reasons are legitimate. Sometimes they are political. Usually they are a combination of both.The executives are generally not the last to know because colleagues are trying to deceive them. They are the last to know because organizations avoid difficult conversations until they believe they have no alternative.That delay creates a dangerous illusion.The executive continues planning next quarter’s strategy, approving budgets and hiring senior staff, believing everything is proceeding normally. Meanwhile, entirely different conversations are taking place elsewhere.Then comes the invitation to “catch up.”Every experienced executive knows that meeting.The calendar invitation is strangely vague. HR is attending for reasons that are not entirely clear, or they turn up unexpectedly in the meeting room. The tone feels different even before anyone speaks.By that point, there is often little left to influence.This is why some of the most valuable legal advice I provide has nothing to do with litigation.It begins with a different question.“Something feels off. Am I imagining it?”Sometimes the answer is yes. Sometimes it is not.An experienced employment lawyer who regularly advises senior executives can distinguish between ordinary corporate turbulence and the early signs of a genuine leadership transition.More importantly though, they can help an executive think strategically before options disappear — how to protect their relationships, preserve leverage, manage communications and avoid mistakes that can undermine both their negotiating position and reputation.Waiting until after termination is like calling a lawyer after signing an unfavourable contract or a release. There may still be options to explore, but many of the best opportunities have already passed.The executives who achieve the best outcomes are not always the ones with the strongest legal claims.More often, they are the ones who recognized that the conversation had changed while they still had a seat at the table.The most important meeting in an executive’s career is the one they never knew was taking place.The smartest time to seek advice is before that meeting concludes.Howard Levitt is senior partner of Levitt LLP, leading his teams of labour lawyers in Ontario, Alberta and British Columbia. Howard has appeared in more Supreme Court employment law cases and provincial appeals than any lawyer in Canadian history. A bestselling author, he discusses current workplace issues on the podcast, At Work with Howard Levitt. Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. 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