ahoLiSticmindSet : thehumanSideofemPLoymentLaW labor & Employment law Section Chairs : AmandaBiondolino-SassLawFirm & JasonPill-PhelpsDunbarLLP
Whatmaytherefore bemissingfromour analysis , istheimpact ourlegaladvicehason ourclient ’ sworkforce .
As lawyers , we pride ourselves on being fierce advocates for and stalwart protectors of our clients . From day one of law school , we are trained to spot all potential issues involved in , and mitigate against all potential risks associated with , the set of circumstances before us . Or are we ?
For employment lawyers who primarily represent employers in disputes , what law school did not teach us , and what may therefore be missing from our analysis , is the impact our legal advice has on our client ’ s workforce : the humans who are breadwinners , single parents , financial supporters of aging parents , newly minted graduates , first-time homeowners , and more , whose lives are significantly impacted by the guidance we render to our clients in any given situation . Such an oversight has the potential to negatively impact our business client as significantly , if not more significantly , than the legal issue about which we were originally approached . Even if our legal opinion is technically correct , if it is given in a vacuum that fails to consider how the advice impacts the client ’ s culture , employee productivity and morale , workforce turnover , and related factors , then
over the long-term the advice may cause the employer more harm than the original legal issue presented .
At no time has this problem been more exposed than during the Coronavirus pandemic . For years prior , we helped employer clients draft and enforce policies that , for example , guarded against an employee ’ s ability to work from home , provide childcare during traditional working hours , or use additional PTO when faced with circumstances completely out of their control . Cue a worldwide pandemic , however , and almost instantly , such policies were obsolete . Out of necessity , and practically instantaneously , employers permitted employees to work in the alternative ways that for years , we helped them fervently guard against . Moreover , not only are such policies obsolete for the pendency of the instant health crisis , after the end of the pandemic , many companies have determined that such policies will not be reinstituted . Rather , given the benefits of flexible work policies , such as decreased time commuting , increased time with family and other loved ones , enhanced personal well-being , and improved recruitment and retention of diverse workers , such alternative working arrangements are here to stay .
Applying the forgoing to our legal duties to our clients , can employment lawyers representing businesses always craft a solution that is a win-win for both the employer and the employee ? As much as we might wish that were the case , it is likely impossible . What we can do , however , is adopt a holistic employer-employee mindset moving forward . The next time a business client approaches you with a problem , challenge yourself to think beyond the legal issues that are implicated to also consider the broader business and humaninterest challenges at stake . Not only is such an approach worthy of your consideration from a humanistic standpoint , it has positive business implications for the long-term health of the employer that will allow you to best serve your client for years to come . n
Author : Melanie S . Griffin – Shumaker , Loop & Kendrick , LLP
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