Tom Brady & The Patriots Face More Controversy & Record Retention Lessons For HR

Even if you’re not from the Northeast—even if you’re not a football fan—by now you’ve heard of the New England Patriots. Whether it’s Tom Brady’s supermodel wife or its Deflategate controversy, the team certainly knows how to make the news. And last night’s game was no exception.

First, an inadvertent official whistle during a live play stopped what may been a 50-yard touchdown by the Patriots’ receiver Danny Amendola. In a close game against the Buffalo Bills, such an error could have been costly to the Patriots’ undefeated team.

Then, with seconds left on the clock, a questionable call ended the game abruptly—smashing any chance the Buffallo Bills had at a hail marry pass (or other play) to tie in the fourth quarter.

Final score? 20-13. The New England Patriots continue their winning record of 10-0 in the AFC Eastern Division.

As if Monday night’s football wasn’t enough, the Patriots headlined this morning for another reason.

The NFL’s appeal of a district court decision vacating the suspension of quarterback Tom Brady will be heard on March 3, it announced today. The 2nd Circuit U.S. Court of Appeals on Monday scheduled oral arguments for well after Feb. 7, also know as Super Bowl 50.

The hearing date is over a year after the 2014 AFC Championship Game where the Patriots played the Indianapolis Colts with deflated footballs, reports USA Today. An independent investigation found two Patriots employees responsible for these rule-breaking activities and concluded that Brady was at least “generally aware” of the situation.

However, at least for now, the Deflategate controversy won’t keep the Patriots’ from another championship season.

But what if your company was forced into an independent investigation? What if your personnel records were audited this very minute, could they stand-up to a DOL probe, an EEOC investigation, or an ICE inspection?

As an HR professional one of your primary responsibilities is to maintain personnel records. But what began as putting important files in a folder has developed into a complex web of compliance. And each year, compliance gets more and more difficult, as you add in electronic documents and other formats.

There are the modified FMLA rules, the updated ADA regulations, the FLSA, and the Lilly Ledbetter Fair Pay Act, all of which have separate rigid requirements for retention. And the federal push for I-9 compliance means employers must have their immigration forms meticulously maintained… but you don’t have to worry about that, right?

When it came to evidence on deflating footballs, Tom Brady also thought he was in the clear. But, technological advances (for Brady, the availability of cell phone records) and the threat of potential litigation (or the suspension from professional football) should impact the way your team does its record-keeping.

For Brady, it may be too late. But for law firm professionals, attend The Center For Competitive Management’s audio course, “Save it, Shred it, Delete it? Employee Record Retention for HR,” on Friday, December 11, 2015 from 2:00 PM To 3:15 PM EST.

For law firms or football teams, there’s a big difference between making headlines and being victims of them.

-WB

Boston Beats Snow Record & Cold Hard Facts About I-9 Compliance For Law Firms

Congratulations (or maybe condolences) are in order. Boston broke the seasonal snowfall record last night with an all-time high of 108.6 inches. It marked the snowiest winter season since the start of record keeping for the city in 1872.

Nearly a decade earlier, Boston saw a similarly snowy season with 107.6 inches in 1995-1996, according to the National Weather Service in Taunton, Massachusetts [via Yahoo!News]. However, it seems this year’s Boston wasn’t ready to give up a chance at the title yet. And, with a wintry mix blanketing the streets around 7PM last night, it was finally time to celebrate a very cold clutch hit from the clouds.

There was, in fact, a parade in Boston. But, it wasn’t for the weather. It was for St. Patrick’s Day, which—coincidentally—fell on the same eve as the infamous record snowfall.

Speaking of records, just three years ago, fewer students sat for the February 2012 LSAT than for any LSAT administration in over 10 years, reported the LSAT Blog and The Law School Admission Council. Not only that, it was the biggest percentage decrease of all time, dropping by 16 percent.

Most thought that this was the answer to a declining legal market for jobs and over-supply of lawyers.

Today, however, that tide may be turning. After four years of a steady decline, there is now an increase in the number of LSAT test-takers, up by 4.4 percent to 20,358 total aspiring lawyers.

Why the change?

Some speculate that the well-advertised decline of law school applicants is now encouraging people to pursue a career in law—which may now give them a better chance at admittance to a top school. Since recent grads are still complaining about the job market, law school seems as attractive as any other choice in graduation education.

Others, however, are concerned that this is the start of a new bubble [ATL]. Where an already suffering industry is bound to over-charge itself into the ground.

Law firms face difficult hiring decisions. When it comes to human resources, it’s hard to put a price on your legal help. With so much supply in the form of recent graduates and experienced lawyers who were laid-off, sometimes nitty-gritty paperwork falls through the cracks.

Unfortunately, The U.S. Immigration & Customs Enforcement (ICE) is going all-out in its “bold new audit initiative” to crack down on employers who violate immigration laws; and administrative I-9 audits are ICE’s tool of choice.

If your firm were audited, how would it fair?

Non-compliance exposes employers to a wide variety of potential penalties, including:

Hiring or Continuing to Employ an Unauthorized Worker:

• First-time violators can be fined between $275 and $2,200 for each unauthorized worker
• Second-time offenders can be fined between $2,200 and $5,500
• For every offense thereafter, offenders can be fined between $3,300 to $11,000 per employee or worker

Paperwork Violators:

• Failure to complete, retain or present documents can result in fines of $110 to $1,100 per employee
• The second violation can cost $220 to $2,200
• Pattern and Practice Violations
• $3,000 per alien and six months in jail

Total fines handed out by ICE are now 13 times higher than in 2009. Plus, ICE has made a big effort to publicly emphasize its investigations of employers that hire undocumented workers. In just one year, ICE arrested 238 corporate executives, managers and even HR professionals.

Luckily for law firms, C4CM has a tutorial in “I-9 Compliance Procedures: New Rules and Best Practices of Employee Verification” on March 24, 2015, from 2PM to 3:15PM EST here.

It will help ensure your firm is in compliance, including:

• Step-by-step overview of the Form I-9
• Record retention: Pre and Post audit notification
• Steps to perform an internal I-9 review process to examine your company’s processes
• Awareness training for personnel who handle I-9s
• Policies and procedures for acceptable documentation
• The latest on the use of electronic forms and proper record keeping/storage
• Penalties for non-compliance
• I-9s and independent contractors: who’s responsible?
• Strategies for when you do not have I-9s for all current employees and no supporting document copies
• If you hire employees from outside the US for overseas contracts, do you need to complete an I-9?
• Anti-discrimination provision: Are you in violation?
• When you must reverify, and when reverification is not needed
• Your liability when contracting out work

There’s still time for Bostonians, too. Luckily for those who insist on putting “win” in winter, the season snowfall record is measured from July 1 to June 30. So, with a mid-week high of 30 degrees, here’s to hoping.

-WB

Funny Job Titles & How To Not Laugh Your Way Into A Labor Lawsuit

Would you guess that an advertisement for an “information advisor,” is really a search for a university librarian?

What about internal communications coordinator, family protection consultant, or Process operative? These titles are for a fax-machine operator, insurance salesman, and chicken factory employee, respectively.

When job titles like “lifeguard” start to be replaced with “wet leisure assistant” (seriously, Ceredigion County Council hired for that post), companies need to start reconsidering their human resources strategies.

The problem with confusing job titles and descriptions is that they attract the wrong candidates. And, once employed, workers won’t know what’s expected from them if their actual duties differ from what they were hired, on paper, to do.

Typically, job descriptions include a precise job title, short summary of the responsibilities involved, the specific set of skills or experience required, and a salary range.

Things to avoid? Jargon, legalese, ambiguous list of duties.

If you don’t know where to begin, start writing down the description of your ideal candidate.

Among your employees of similar rank, what kinds of words do you associate with your most valued? Use those same adjectives to seek your future employees.

Most importantly, be precise. Use descriptive action verbs (advise, compile, report, etc.) instead of vague action verbs (be, do, work, assist, etc.). To be precise, you must write in complete sentences that leave no room for misinterpretation.

Prioritize the most important responsibilities of the job. If you are writing “occasionally” next to an assignment, consider leaving it off. Explain these more peripheral functions in the in-person interview.

In addition to explain what and where these job tasks will be completed, consider offering reasons why you need them done and how often. If you want to attract the right candidate for a job, they must be aware of your motivations behind hiring them in for this particular position.

Where does this position rank next to others in the same firm, and why is it so important? Your reasons for hiring a new associate or law firm professional should compliment their reasons for applying to the job.

Finally, every time you hire for a new position, you should take the opportunity to reevaluate the job descriptions for positions already in place. It’s important to ensure there is no duplication of responsibility within your firm. And, it will make hierarchies and reporting systems clear for both new and old employees.

Are your job descriptions accurate and up-to-date? Do they comply with the Fair Labor Standards Act, Americans with Disabilities Act, and Family and Medical Leave Act? If not, your organization may be next-in-line for an investigation by a governmental agency or even a devastating lawsuit.

In fact, just one poorly written job description could leave your company exposed. Job descriptions are typically the first document looked at in legal disputes or during a regulatory agency’s inquiry.

And with the rise of disputes stemming from the employer-employee relationship, particularly claims arising under the FLSA, FMLA, and ADA, you need to take keen look at your job descriptions to ensure they’re legally compliant.

Attend The Center for Competitive Management’s “how-to” event, “Writing Accurate & Defensible Job Descriptions that Comply with the FLSA, ADA, and FMLA,” on Wednesday, February 4, 2015, from 2:00 PM To 3:15 PM Eastern.

You will learn easy steps to create job descriptions that are:

• Accurate, clear, and defensible under the FLSA, ADA, and FMLA;
• Written in a manner that clearly defines the responsibilities of employee positions; and
• Consistent with best practices under other federal employment laws.

Before you start advertising for a “waste management and disposal technician” to empty your trash, think about whether or not it’s really your job titles and descriptions that should be thrown out.

-WB

Supervisor Success: Keys to Transitioning from All-Star Player to Hall of Fame Coach

Nebraska football coach Bo Pelini won a lot of games at Nebraska. His record? An honorable 67-27. But, even a win this Friday against Iowa wasn’t enough to save his job.

It’s not easy being supervisor. There’s a big difference between knowing how to play the game and knowing how to coach it.

Bo Pelini knew how to play football. He was free safety for the Buckeyes at Ohio State under College Football Hall of Fame head coaches Earle Bruce and John Cooper from 1987 to 1990. Not only did Pelini start in his last two years, he also served as a team co-captain in his senior year, along with some of football’s finest, Vinnie Clark, Jeff Graham and Greg Frey.

Although hardwork, hustle, and know-how do not necessarily translate to expert coaching, Pelini did have an equally successful career as a National Football League (NFL) scout and coach.

In 1994, Pelini earned his first position in the NFL as a scouting assistant for the San Francisco 49ers head coach George Seifert. Once there, he was quickly promoted to assistant secondary coach, and by the spring of 1994 he was promoted to defensive backs coach (source). In 1995, he helped coach in his first Super Bowl where the 49ers defeated the San Diego Chargers 49–26 in Super Bowl XXIX.

But just as sun and snow are polar opposites, the success of Pelini’s program in warm San Diego looked nothing like his experience in wintry Nebraska.

So, now Nebraska is on the market for a new defensive coordinator. Luckily, they are at no loss for choices.

Fox Sports’ Bruce Feldmanpredicts a few candidates: One, Oregon offensive coordinator Scott Frost, a former Nebraska QB. According to Feldman:

“Frost would fire up a fan base, as he is one of their own (he was even born in Lincoln), while also representing a return to not only the Tom Osborne era of a dominant rushing attack, but it’d be one souped-up thanks to all his time working with Chip Kelly, who is right now the hottest coaching brand in all of football—not just for his offense but for his entire innovative approach to all facets of the game.”

In fact, a few of Feldman’s choices, like Minnesota’s Jerry Kill and Wyoming’s Craig Bohl, come from a climate and style similar to that of Nebraska.

Because when it comes to tricky supervisory transitions, culture and climate play a large role.

Law firm management is just as touchy as coaching football. There are high stakes, you have to manage the players’ egos, and clients can be fair-weather fans.

Bo Pelini serves as a great example for law firm managers of what challenges lay in the wake of a promotion. A newly hired or promoted supervisor must:

• Make the transition from team player to take-charge leader
• Improve performance in people who aren’t used to you being the boss
• Avoid common mistakes and problems that sabotage new supervisors (like being too strict or too lax)
• Handle even the most difficult employee conversations and situations, even firings

One thing is for sure. Whoever takes Pelini’s place will have a plan preparing for this transition. Whether it’s a meet-and-greet session, strict diet and training regimen, or tough-love approach starting from the first huddle.

Law firm managers should do the same. Decide what kind of attitude is most effective. Be prepared for tough conversations, including talking notes for how to approach them. Set goals for employees and decide how to communicate them.

Finally, it’s important to know how to motivate your team—and it won’t be a one-size-fits-all approach.

Seen from the outside, Pelini’s record is respectable. But, when the going got tough, Pelini’s program didn’t get going. His record is only 9-16 against Top-25 opponents, and—worse still—only 2-8 in his last 10 games against ranked teams.

It’s when pressure was building and the stakes were at their highest that Nebraska folded. And, yes, the boss gets the blame.

It’s tough to be supervisor. So, make a game plan.

Need help? Here’s a start. The Center For Competitive Management’s audio course “New Supervisor Success: Keys to Transitioning from All-Star Player to Hall of Fame Coach.”

During this power-packed event, you will explore the most important aspects of your multi-faceted supervisor role, and learn key techniques and practices to help you better delegate, motivate, plan, and coach employees for success.

-WB

Save It, Shred It, Delete It? Record Retention Practice Dos & Don’ts!

Well, this is embarrassing.

A Naples, Florida, property developer has apparently misplaced some important documents. So, they’re offering a $1 million reward to recover them.

What’s worth $1 million to developer Jack Antaramian? Accounting ledgers and books, including subcontractor bids,” related to the construction of his nearly 20-acre resort project in downtown Naples, reports Bloomberg Businessweek.

Ok…that does seem important!

A year ago when the company first discovered the missing documents, a reward was set at just $10,000.  Today, obviously, the need is much higher to recover them.

The project has come in over budget and took seven months longer than expected to complete, reports Bloomberg.

What’s worse, the matter has now been slowed down with lawsuits pending against the contractor, Manhattan Construction (then Kraft Construction Co.), by Antaramian’s family partnership since February 2010 for breach of contract. Antaramian wants to see where all the money has slipped away to since being advanced by a bank loan, which ended up foreclosing.

Yes, this is quite a mess. Without those financial documents, Antaramian can’t conduct the financial audit he’s looking for to close his lawsuit.

And, offering a reward for the information seems like, in addition to reactivating the lawsuit and suing his other partners in the project, according to Antaramian, “is the only remedy we can think of right now.”

The problem for Antaramian started when the files he wants to see for his financial audit weren’t transferred when his company moved offices in Naples. The contract with Manhattan Construction required them to keep records from subcontractors for three years after final payment, which they did not.

For law firms, the hazards of moving offices, identity theft, technological changes, and potential litigation all impact record-keeping in a big way. It’s easy to believe that law firms might suffer from a similar mishap by misplacing client records—in addition to their own books.

One of a law firm manager’s primary responsibilities is to maintain personnel records, for example. But what began as putting important files in a folder has developed into a complex web of compliance. And each year, compliance gets more and more difficult, as you add in electronic documents and other formats.

There are the modified FMLA rules, the updated ADA regulations, the FLSA, and the Lilly Ledbetter Fair Pay Act, all of which have separate rigid requirements for retention. And the federal push for I-9 compliance means employers must have their immigration forms meticulously maintained.

Ask yourself, do you have a good document management system?

Have you established clear rules and regulations for which employees have access to which files, including a secure separation between I-9 forms or grievance complaints and an employee’s personnel file, for example?

Does your file management system have secure password protection or other security systems to ensure its confidentiality?

Do you have a back-up system in case something is lost?

Do you have a secondary back-up system in case both systems and back-ups are destroyed?

If you’ve answered “no” or are even uncertain about the answer for any of these questions, chances are your file management system is deficient and you risk major consequences to a compliance audit.

Numerous malpractice claims have been filed as a result of lost or misplaced documents. These mistakes could have been prevented with a properly organized file management system for both internal firm documents and client records.

The American Bar Association offers some basic guidance, such as a file organization checklist, to help avoid these conflicts here.

If your company’s personnel records were audited right this very minute, could they stand-up to a DOL probe, an EEOC investigation, or an ICE inspection?

If not, consider listening to The Center for Competitive Management (C4CM)’s detailed audio conference on Wednesday, July 23, 2913, from 2:00pm EST to 3:15PM EST called, “Save it, Shred it, Delete it? Employee Record Retention for HR.”

With your registration to this conference, you’ll also receive C4CM’s top-selling guide, Record Retention Compliance & Best Practices—a $249 value—free of charge.

That’s certainly better than having to pay $1 million in reward money to recover your records.

What’s the price of losing paperwork? Millions. The publicity shame is causes? Priceless.

-WB

10 Behaviors By Summer Associates That Should Make Your Firm Think Twice Before Hiring

Congratulations, you’re a summer associate. With the right attitude and work ethic, you may become a salaried lawyer one day!

Condolences to law firm managers. You have to deal with a bunch of 20-something interns who haven’t a clue (but think they do).

There’s a time for forgive and forget and there’s a time for strict standards. When it comes to your summer associates, pay close attention. With so much competition these days, there’s nor reason your firm shouldn’t have the best that law schools have to offer. The following 10 behaviors by summer associates should make firm partners think twice about hiring:

1. Makes a bad first impression

Some people make bad first impressions. That’s understandable for a cocktail party or date, but not a professional event. If your summer associate can’t make eye contact, circulate the office and shake hands with everybody, or shows up to work in wrinkly or inappropriate attire, imagine the first impression they’ll leave on a judge or jury. The air of incompetence is not in-style this summer.

2. Avoids social events

Most summer interns are afraid of drinking too much and making idiots of themselves in front to firm partners, but that’s no excuse to eschew work events. If your summer associates can’t even attend events mostly designed to make them feel welcome, what are they going to do when you ask them to attend important after-hours events with potential clients, or professional galas that look well on the firm? Avoiding social events may be a sign your intern has no room in his or her priorities for the firm.

3. Is slow to answer your emails or calls

This is a no-brainer. You need associates who are serious, hardworking, creative, and—well—constantly available. That’s the nature of the law, it never sleeps, and your inters (for the first few years, naturally) shouldn’t either.

4. Doesn’t get along with other associates or summer interns

Yes, it is a cut-throat process, getting a job offer. But, it’s probably a bad sign if one summer associate doesn’t seem to get along with all the rest. Sure, the group may have disparate personalities or work styles, but so does the firm. You need a team player, not a lone-wolf in this business.

5. Name’s unknown to the partner

There’s flying under the radar and not getting noticed at all. If none of the partners ever know a summer associate’s name, it’s likely this person either (a) didn’t have any noticeable achievements or accolades from colleagues, or (b) doesn’t know how to network. Either way, it’s not the type of lawyer your firm needs in this do-or-die industry.

6. Doesn’t respect the support staff

Associates shouldn’t just be known by partners, they should be liked by support staff, too. A summer associate is lower on the food chain than support staff. They’ve not been hired, they’re here on trial, and they haven’t earned their place at the firm. Any associate who treats support staff like subordinates has no respect for the food chain—which sometimes means doing nitty-gritty and menial work and certainty not scapegoating support staff.

7. Makes too many mistakes on documents

There should be a learning curve in legal work, especially for summer associates. But, you should start to be concerned when an associate shows too many mistakes. Already, summer interns are given the lowliest jobs, which means it shouldn’t be too difficult to handle. And, mistakes are a sign that an inter was too afraid (or too arrogant) to ask questions of a colleague or classmate. Simple spelling mistakes reflect a carelessness (or lack of technical skills) that your firm just can’t afford. Another thing that’s costly? Constantly re-checking the work of one of your lawyers. You’ve got to have faith that your associates know the answer, know where to look for the answer, or know the right questions to ask to get it from somebody else.

8. Constantly appears frazzled

This is a difficult job. There are long hours. If your associate already feels overwhelmed after a summer, you should question their stamina for the “real world” of the law.

9. Says “no” too often

There is a time and a place to say “no” to work. But, your summer internship is not one of them. Saying “no” too often may be a signal that an associate has eyed another senior attorney or partner and plans on exclusively working for them, which means when hired, it will be more of the same. Or, saying “no” might signal poor organizational skills, where the associate is incapable of multitasking or managing his or her workload. Either way, take note of the person who says “no” too often.

10. Lacks social media or technical skills

Today there’s no excuse for poor PowerPoint skills or lack of Excel knowledge. Even law firms can’t get far without a website or social media presence. These are not skills left to the support staff. Rather, they represent the general willingness to progress and grow with the speed of new technology and a desire, on the part of an associate, to become more efficient and productive at what he or she does. You’d really have to go out of your way these days to lack such technical skills. And, as clients demand more innovative law firms, you can’t afford to hire one more traditionalist who favors to the yellow legal pad to an iPad.

-WB

As a manager you face unimaginable pressure to streamline costs, improve profitability, and do more work with fewer employees. In order to be successful in today’s harried corporate culture, you need to master the critical skills and competencies required for building and maintaining a productive and profitable workplace.

Take advantage of The Center for Competitive Management (C4CM)’s course on Friday, August 1, 2014, 11:00 EST to 12:15 EST, Smart Manager’s Guide to Building a Productive Workplace: 10 Proven Strategies to Boost Personal and Employee Productivity.

This interactive, practical and effective event, explores 10 proven tips to boost personal and employee productivity. During this information-packed session, you will learn how to:

1. Build a workplace atmosphere that encourages cooperation, productivity,
2. Better enable employees to do their work, without excessive oversight, and
3. Remove common obstacles that prevent productivity.

Whether you’re a new manager, or have been in the trenches for years, this event will get you up to date on the latest productivity enhancement techniques for:

1. Reaching quick and innovative decisions
2. Reducing decision-making anxiety for you and your employees
3. Holding timely meetings that remain true to a core purpose
4. Making intelligent decisions by battling groupthink
5. Brainstorming effectively

Plus, you’ll also learn which workplace productivity apps really work and how to get started using them today!

How To Achieve Walmart-sized Success: Boost Your Firm’s Benefits Package

On April 15, the day Americans dread, a number of news sources focused on taxpayers’ dollars in public assistance. Specifically, they highlighted the fact that Walmart workers cost taxpayers $6.2 billion in public assistance aid.

Although this number may sound enormous, it’s nothing compared to the entire public assistance bill that Americans foot each year, approximately 131.9 billion, according to welfare statistics.

It’s not surprising, then, that employees of this supergiant Walmart make up 4.7 percent of this welfare-seeking population, seeing as Walmart aims to hire low-wage workers and targets the unemployed for its job positions.

In fact, President Obama recently told Washington Correspondent Jake Tapper, “What we have done is to gather together 300 companies, just to start with, including, some of the top 50 companies in the country, companies like Walmart, and Apple, Ford and others, to say let’s establish best practices,” which includes not screening out people from the hiring process just because they’ve been unemployed for a long time.

Although Walmart denies this figure, calling it “inaccurate and misleading,” its spokeperson Randy Hargrove does stick by Walmart’s policies, stating, “The bottom line is Walmart provides associates with more opportunities for career growth and greater economic security for their families than other companies in America.”

“Our full and part-time workers get bonuses for store performance, access to a 401K-retirement plan, education and health benefits.”

For many Americans, the retirement, education, performance-based, or health benefits of a job are as or more important than the wage. So, for law firm professionals, boasting your benefits plan can be invaluable in hiring employees or retaining high-performing ones currently on payroll.

To find out exactly where the value-add of your benefits program lays, send out an anonymous survey among your employees. Ask them if there’s a health benefit, i.e., low premiums or mental health coverage, that they value over others. Ask employees what benefit is not covered that would make a difference in their day-to-day job satisfaction.

These benefits may include health benefits, discounts to gyms or spa services, professional fees and expenses, moving expenses, income security and retirement, flexibility and alternative working arrangements, parking or transportation, counseling and employee assistance programs, tuition reimbursement, or extended associate training and mentorship.

Finally, investigate your internal HR compliance requirements, from Americans with Disabilities Act (ADA), Family and Medical Leave Act (FMLA) to Workers’ Compensation. That way, you are aware of what your firm is required by law to provide, and which among your benefits make your firm go above and beyond.

It’s only what your firm can offer employees that others are unwilling to that, in the end, will transform your small legal storefront into a giant success story, like Walmart.

If you need advice, attend C4CM’s online event, geared specifically toward HR needs of law firms, “Leave Law Intersection: Avoid Dangerous Detours on the Road to FMLA, ADA and Workers’ Compensation Compliance,” on Wednesday, May 7, 2014, from 2pm to 3:15pm EST. The event will be held by Tracy M. Billows, Partner, Seyfarth Shaw LLP.

Ms. Billows is a partner in the Chicago office of Seyfarth Shaw LLP concentrating her practice on representing and counseling employers throughout the country in the entire range of employment law matters. Her work has included the representation of Fortune 500 companies, as well as medium and small sized employers. Ms. Billows represents employers in single plaintiff, multi-plaintiff, and class action litigation matters related to employment discrimination claims under Title VII, the Age Discrimination in Employment Act (ADEA), and similar state discrimination laws.

Prior to her legal career, Ms. Billows was a human resources executive in the corporate community. With first-hand knowledge of the challenges faced by her clients, Ms. Billows is able to advise them in all areas of labor and employment law including employment policies and employee handbooks, training programs, and the application of federal, state and local employment laws, and various other compliance issues.

-WB

Negotiation Tactics: #1 Don’t Get Caught By Surprise

From salary negotiations to severance to sick days, don’t get caught by surprise when negotiating benefits. When law firm manager or law firm employee, there’s much to be gained by constant preparation. Here’s how you do it.

For employees:

1. Know your true value

First, it’s important to know your true value. That means the market value for your current position in your current industry. Whether it’s via websites like glassdoor.com or information from your recruiter, find out whether your current salary is above or below your true value.

2. Know your relative value

Next, take into account your previous experience or unique skills. Are you bilingual? Do you have a second degree outside a JD, say a MBA or CPA? Did you previously work at the USPTO so that your patent experience exceeds that of much more tenured lawyers?

Make a list of these skills and experiences. This is your value added to the job in general.

Then, make another list of on-the-job training or tasks successfully accomplished at your current firm. This is your value added to the specific position you currently hold. These accomplishments are tangible benefits you’ve provided your employer.

“It’s all about demonstrating that you are the best person to help the employer address any challenges that may exist,” Roy Cohen, veteran career coach and author of The Wall Street Professional’s Survival Guide, said to Forbes, “that you are going to change the course of history at the organization.”

3. Keep a hardcopy of this list accessible

In today’s day and age, you never know when you might be laid off. Or, when your boss wants you to move from say, the New York office, to the Sacramento one.

If you keep this list up-to-date and accessible, then next time a manager calls you into his office, you’re prepared for anything—negotiating a new, higher salary or, in the worst case, a better severance package.

If you don’t have this list ready, or you need more time to prepare for negotiating, keep some delay-tactic phrases handy, like “I need some time to see if there’s an opportunity to advance in that office [or division].” Or, “My kids go to private school, so I’ll have to review the options and prices for similar schools in said-location.”

Don’t get caught by surprise. Stay calm. And, be well-informed when you negotiate.

For employers:

1. Know who is undervalued or overvalued at the firm

Just like your employees, managers should keep track of the range of salaries offered at the firm. It will help at the end of the year for raises and bonuses, but it will also keep you from being surprised by requests for salary increases.

Keep a ranking of your same-level associates. This ranking can remain unofficial, but it will help you answer key questions, such as: Do I play favorites? How can I assemble a balanced team of professionals for this case? Who deserves the biggest bonus? Who can this firm not afford to lose?

2. Reward ability, not ego

If a potential employee comes into your office with hardball demands and an over-inflated sense of self, this may not be the best employee or team member.

At the same, realize that employees with confidence in their abilities or value-add will be prepared to negotiate. Be clear and upfront with them about what you are personally allowed, or not allowed, to offer at this time.

Don’t lie to employees about compensation or advancement. In the end, employees will quickly figure out that bonuses are not as large as you let on, or advancement opportunities are not as they seemed. Not to mention, lying or exaggerating often transforms into a legal headache for firms.

3. Be brief

Whether you are caught by surprise by an employee or well prepared for difficult compensation discussions be brief. Negotiation, from the employer’s side, is best accomplished when the employee has to wait—anxiously anticipate—the outcome.

For your turn, in this economy, there are likely plenty of fish in the pond. The best match for any position after both sides negotiate is a win-win, where the person who gets what he or she wants in terms of compensation and benefits, and—in return—adds fair and longstanding value to your clients and firm.

Learn more in The Center For Competitive Management (C4CM)’s course: Mastering Difficult Conversations: Tips and Tools from an FBI Hostage Negotiation Trainer.

The course explores:

• Best practices for handling tough conversations about behavior and performance
• What techniques work best when dealing with emotional employees – and how to keep yours in check
• Methods for dealing with sticky issues like discrimination, gossip or pay
• Which laws and regulations you must comply with in order to reduce legal risk
• How to decrease your fear of confrontations How to tame a tense conversation before it gets out of hand
• Ways to respond to employee pushback
• And more!

-WB

Tips For Handling Difficult Conversations In The Workplace

There’s a reason this article is about “tips” and not “tricks” for handling difficult conversations in the workplace. It’s because there is no way to avoid important human resources conversations: poor hygiene, denial of a raise or promotion, firing…

Take, for example, the recent layoffs at law firm Arent Fox. The Above the Law Blog reports that the law firm, faced with financial difficulties, has recently fired members of their staff. The law firm issued a statement, saying:

“Effective this week, the firm reduced the number of support staff by approximately 20 people in various offices and departments. Like many firms across the country, we are making hard choices to ensure that our resources are aligned with demand. This was a difficult decision that was made even harder because we are losing good people who have helped make Arent Fox an excellent law firm. Those affected are being provided with severance pay and health benefits. We wish them the best.”

Certainly, firing employees is difficult. But, so is explaining these firing to your clients and other colleagues. Arent Fox did an excellent job discussing this sensitive issue.

Why? They kept it short, honest, timely, contextual, and classy.

In general, the rules—if there are any—for handling difficult conversations are simple.

Be honest.

Being honest involves leaving emotion at the door. Honesty doesn’t mean telling an employee how you really feel: they’re incompetent, lazy, and toxic team member! Honesty involves concrete examples of poor performance, for example, or poor hygiene, if that’s the case.

Don’t hide behind excuses. If you’re firing a person for poor performace, bring up documented instances where that was the case.

In the case of Arent Fox, they admitted that individuals who were laid off had contributed greatly to the firm. Like any company in financial straights, however, there are tough decisions to be made. The statement issued by the firm is thus honest and understandable, although unfortunate.

Be timely.

As a corollary, honesty requires documentation and timely reports.

If you plan on using a complaint by a coworker against one of your subordinates, you need to bring it to their attention immediately. Give the subordinate in question time to defend or correct their behavior.

If you come to them even a week or two later, it’s likely they will simply deny the claim. And, it’ll be too long for you (or them) to truly remember the offense.

If you suspect, as a partner or senior manager, that there will be arbitrary lay-offs in the future, issue a statement alluding to that fact. Nothing is worse than being caught off guard by the financial woes of your employer.

Allow your employees to arrange their affairs in enough time. That way, like at Arendt Fox, employees who were let-go know that they will have severance pay and health benefits, and have hopefully put a job lead or two in order.

Be consistent.

Finally, be consistent in your statements. When faced with difficult conversations, it’s easy to talk in a circle. The important thing is to keep focused on the topic at hand, and to not make contradictory statements.

For example, if you are denying a person’s request for a raise because you don’t have the budget, don’t then promote (with a raise) another colleague. And, if you do, address the situation. Perhaps there’s only room in the budget for one raise, and the other person is more senior or more skilled.

Inconsistency can be interpreted as dishonesty, which—as mentioned earlier—is the easiest way to lose the respect of a subordinate and lose you handle on this difficult conversation.

In the end, there are also emotional and legal ramifications to holding difficult conversations in the workplace.

Read C4CM’s Guide on Handling Difficult Conversations: Communication Strategies for the Workplace to learn more. The 108-page guide provides practical and realistic solutions for tackling the hardest elements of workplace interactions, including:

• Job Performance
• Disciplinary Action
• Termination of Employment
• Employee Complaints about the Workplace
• Disabilities (Related to Job Accommodations)
• Personal Presentation/Hygiene

-WB

3 Essential HR Tools For Law Firms

“Firms… need to incorporate objective tools to assess and reward their lawyers, and to improve the management of individual expectations and internal communication,” says specialist Maria Brito Goes about the importance of HR in law firms.

“This is essential in order to better ensure the awareness even the youngest lawyers have in the distinct cultures of their firms.”

Below are three essential tools in which your law firm should invest.

1. Social Media Tools

There are at least 5 online locations where HR employees at your firm should be active (in order of importance):

• Firm website
• Recruitment blogs
• LinkedIn
• Facebook
• Twitter

According to a survey of social media in the legal sector by LexisNexis and Vizibility, 81 percent of lawyers claim that they already use social media as marketing tools. Another 10.1 percent saying they plan to deploy social media marketing elements within six months.

Only 12 percent of lawyers do not use a Blackberry, iPhone, Android, or other smartphone in their business. For everybody else, there are these top 10 apps for Android phone and iPhone users.

Without these social media tools for recruitment of new associates and new clients, your law firm is lagging behind the times and today’s technology.

2. New Associate Checklist & Training Schedule

Let’s face it, the training, summer schedule, and technology seminars required for first-year associates increases every quarter. But, even if the content changes, the outline and checklist should remain the same.

• For example, new associates will always have:
• Business cards
• Office space
• Office map
• Login information
• Job description and job function
• Welcome lunch…

Yet, an efficient HR will have each of these items categorized.

First, the firm. Have a packet ready for new hires that explains the mission statement ad philosophy of your firm.

Second, the people. Your welcome packet should also include the names, contact information, office plan, and positioning of the people in your office (who to go to for IT problems, where on the hierarchy do the associates stand, etc.)

Third, the processes. Don’t forget to outline the day-to-day reporting, compensation, benefits, promotion, and timecard systems.

It’s easy to take this type of training for granted. But, even seasoned lawyers won’t be acclimated to the culture of a new firm. HR at your firm should be more than just a handshake and person available “if you have questions…”

Make sure your HR is ready and organized when it comes to hiring (or firing) documentation—if you do, both your business productivity and the employee satisfaction are bound to increase.

3. Employee Record Retention Guidelines

HR must be meticulous about records. Not only about its internal checklists and policies, but also the private information of its employees. Within a law firm, there’s no excuse for HR representatives to not be fully aware of the requirements and state and federal rules.

If your firm is confused about record-keeping, attend C4CM’s audio conference for more details on how your firm can implement an organized and legally compliant document retention policy, including:

• Defining “document” in today’s technology
• Identifying the documents under your “possession, custody or control”
• Document timeline: How long do you need to keep specific documents
• Special handling for medical records
• Understanding document retention when impending or current litigation is at hand
• I-9 Forms: When and how long to retain
• Former employee personnel files: Can you get rid of them?
• Updates to regulations that impact record retention
• Retention for documents connected to EEOC charges and related records
• Employees’ personnel files: what they should – and should not – include

Beyond these three aforementioned tools, HR can perform disciplinary actions from the perspective of a third-party. For example, tardiness, low billable hours, or lazy partner behavior can be kept in check with an empowered HR Department.

Allocating punitive power to HR relieves the managing partners from being the “bad guy,” and—ideally—keeps your ranks in order.

Although nobody likes to play a disciplinary role, it’s important to have structure, incentivized rewards, and penalties where appropriate in the office place. If your senior attorneys are struggling with this management role, assign it to administrative staff in HR who are already familiar with the personal and professional lives of your employees.

Investing in people means investing in HR. And, with today’s more globalized business and legal practices, this means investing in more and more HR tools.

As K&E partner John Hickey said (via WSJ Law Blog), “You come to the realization as you open up offices in London, Munich and China and have a billion-plus in revenues that there’s a lot going on.”

“It’s a big business, and you really have to have top-notch business people running it while lawyers are out lawyering.”

-WB