December 2, 2009
Pent-up Attrition
A frequent comment from law firm administrators is that retention is a non-issue in the current economic environment because associates and staff are "trapped" in their current positions due to a lack of employment options. In fact, a recent survey shows that 30 percent of employers are doing less to retain employees than they were doing at this time last year.
But if the recovery from the 2001-2002 recession is any indication, pent-up attrition could cause firms major problems. During the early 2000s when the tech bubble burst, law firms laid off excess transactional associates and support staff. But, as the recovery occurred, experienced mid-level transactional associates were in high demand and many firms saw the ranks of their most needed employees decimated by recruiters for other firms. "It was almost like some of the people we hired were angry at their current firm," said one law firm COO. "It wasn't about money; they wanted a place where they would feel appreciated."
One of the lessons learned from past recessions is that associates and staff don't like pay cut and range freezes. But what really brings out their anger is firm management with an attitude of We can do anything we want to you; you should be happy to have a job. The moral is that retention activities like positive attitude, respect and communication are valued and don't cost any money. Yet, they may yield big benefits when we reach recovery. Workplace Violence
The Ft. Hood shootings have placed workplace violence on the front page of most newspapers. In fact, the violence in some locations has become so common that terms like "going postal" are part of the vernacular for disgruntled employees. Unfortunately, each year law offices are among the most frequent locations for workplace violence or attempted violence. The combination of adversarial relationships, urgent circumstances and the frequent involvement of large sums of money at stake create an above average risk of violence.
But experts tell us that many situations that involve violence in a workplace could be anticipated and prevented. Trainers at the FBI report that "the single most dangerous persons at work are the grievance collectors." Grievance collectors are people who are unable to process their stress and anger and they were involved in 82 percent of critical incidents in workplaces since 1986. The good news is that such workers litter the landscape with predictive incidents -- a thrown punch, yelling at a client, slamming down a phone so hard that it breaks, or sending a thinly veiled cry for help in an email or on a blog all are typical signals.
But in many law firms the availability of highly protective employment law advice from partners causes supervisors to fear that legislation outlawing breaches of personal medical data and
barring discrimination of persons with disabilities mean that they cannot openly discuss employees with mental health issues. At the same time, OSHA requires that employers furnish employees with a work environment that is free from recognized hazards "that are causing or are likely to cause death or serious physical harm to employees."
Here is a three part plan for workplace violence:
1. Set up a meeting between an employment law partner in your firm and, if possible, a mental health professional, to work out a policy that prescriptively advises supervisory personnel in your firm on how to react to incidents that may be predictive of violence.
2. Provide training to supervisors, including partners supervising associates and other partners, on how to recognize predictive incidents and actions to be taken.
3. Designate a specific partner to be made aware of all suspected incidents (similar to sexual harassment procedures) to assure a uniform response and follow up.
Fake Job References
In a classic episode of Seinfeld, George Costanza gets Jerry to act as a fake reference to help George get a job with the Yankees. Absurd? Check out careerexcuse.com whose advertisements say, "Have a 3 year gap on your resume you need to get rid of? Simply provide us with your desired career field and we will act as your past employer with a real branch address, 800 number, website, plus email address, along with operators standing by to answer any inquiries with a positive reference." Or consider fakeresume.com which helps applicants pad resumes. Alibihq.com, which provided phony doctor's notes, fake wedding invitations and other documents to support excuses to not come to work, recently closed.
Such fake reference services are difficult for employers to identify without going to extreme lengths. But here are some tips to help perform due diligence on your potential hires:
· Focus on those references or facts that are essential to the position. For example, for a lateral lawyer, law school graduation, bar admission and law firm work experience are essential.
· For essential references, obtain telephone numbers and addresses yourself rather than using information provided by the candidate.
· Use Google. If a candidate claims to have been an associate at a firm you have never heard of, Google the firm or at least find the number through the telephone book.
· Look for inconsistencies -- clerkships or awards that are inconsistent with the candidate’s law school or class rank.
· Require documentation -- transcripts, W-2s, samples of work product.
There’s a reason why Legal Resource Group is the largest recruiter of senior law firm administrative positions. We find the best people with incredible speed, at a reasonable price. Don’t waste time with recruiters who don’t know law firms.
Call Legal Resource Group today – 1-800-688-4147
Shopping at Work
One piece of good news for retailers is that the use of the internet for Christmas shopping is anticipated to be at an all time high. The bad news for employers is that one-third of workers plan to do their online shopping while at work. ‘Tis the season...
Top Suggestions
You'll recall that at the end of each year we present the best of employee feedback. Usually this is in the form of excuses for being late and similar creative comments. But this year we have a new category -- "creative" suggestions made by an employee during 2009:
· Allocate a special smoking area for medical marijuana use.
· Hold a team meeting in Hawaii.
· Add a tanning bed to the break room.
· Add beer to the vending machines
· Replace an employee's desk with a futon so the employee could lie down while working.
· Apply the Family and Medical Leave Act to cover jail time.
· Allow a worker who is scared of the dark to be required to work only during daylight hours.
· Provide "Cat-ternity" leave so an employee could bond with a new kitten.
Our suggestion to you is that you enjoy a wonderful holiday and share our hope that 2010 is most healthy and successful for all of us.
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