How to Terminate an Employee the Right Way

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Let’s face it, no organization is immune from having to make the tough decision to terminate an employee. Of course no one likes to do it, but that still leaves the real question of how and when you should do it? This is especially true for lawyers beginning a new practice or expanding their existing practice…

via Breaking Up Is Hard to Do: How to Terminate an Employee the Right Way.

Assuming the employee has not committed an act that warrants immediate termination, consider these suggestions from the post referenced above:

  • Document, Document, Document: Scrupulously document disciplinary issues (if it’s not documented, it’s as if it didn’t happen).
  • Start with Warnings: When addressing performance issues, consider using a progressive disciplinary approach: For example, an escalating series of verbal, written, and other more serious notifications to the employee so they can attempt to improve their performance. However, this would not apply to serious performance breaches, nor for new employees who clearly don’t have the skills for the job.
  • Be Consistent: Take the same disciplinary approach for all employees—being mindful of each individual’s unique background and characteristics such as race; color; religion; pregnancy; gender identity; sexual orientation; national origin; age, 40 or older; disability, visible or invisible; or genetic information.
  • Document Some More: Always document the termination with a concise termination memo. If you do not provide the reason(s) for termination, the employee might assume the actual reason for their discharge was due to whatever protected category applies to them, such as race, gender, or age.
  • Don’t Waver: In the termination meeting, be professional but firm in your decision. The termination memo should do much of the talking for you.
  • Stick to the Script: Do NOT say anything different to the employee than what’s included in the termination memo—this is not the time to be overly reassuring and retreat from the true reasons for discharging the employee.
  • Go in as a Team: Try to have a manager who knows the employee present for the termination. A team approach—two management representatives, or a management representative and a human resources representative, or a management representative and a career counselor, etc.—is preferable because one person can take notes and there will be more than one witness to confirm what is said.

The Professional Liability Fund offers a Checklist for Departing Staff and sample office manuals, which may be helpful. From the home page, select Practice Management > Forms and peruse the “Staff” and “Office Manuals” categories.

All Rights Reserved 2019 Beverly Michaelis

 

You Can Take a Vacation

Build time off into your work schedule now to take a vacation – no excuses!  It takes some effort and organization, but your body and mind will thank you.  Three-day weekends – like Memorial Day – aren’t enough. We all need true recuperative time away from the office. This is my annual nudge to encourage you to take time from for yourself.

Budget now to go on vacation later.

“If I’m not at the office, I can’t bill.  If I can’t bill, I won’t get paid.” True enough, but there is a solution: budget for your vacation.

First, calculate your vacation expenses. Next, quantify the lost revenue you need to replace during your time out of the office. Now that you know how much you need, begin setting aside funds every week to meet your financial goal. If necessary, find little ways to cut back that can really add up: like bringing your lunch to work, deferring your daily Starbucks fix, using public transportation, or telecommuting.

Saving weekly will keep you on track and help manage expectations. If you’re just getting started, then your plans this year may be more modest. Next year, you can begin saving for your summer vacation in January.

Clients are important enough to schedule.  So is your vacation.

Work will never go away, but I guarantee that if you look ahead in your calendar you will find a block of time with no commitments. Even if you haven’t made plans yet, block the time out now before your calendar fills up. If you have a habit of backsliding, enlist your family as enforcers. If you need an extra incentive, consider non-refundable travel reservations.

Preparation is key!

If you’re a member of a firm, going on vacation is a matter of meeting with other lawyers who will be covering cases during your absence.

If you are a sole practitioner, use the buddy system.  Find a colleague who is experienced in your practice area and willing to cover for you.

This arrangement is usually reciprocal and is helpful if you have an unexpected absence from the office due to injury or a medical condition.

Vacation Checklist:

  • Notify clients, opposing counsel, judges, or other appropriate parties that you will be out of the office;
  • Prep your files.  They should be well-organized and current, with status memos so your buddy can easily step in if needed;
  • Create a “Countdown Schedule.”  Identify what needs to be done when and whether certain tasks can wait until your return;
  • Allow for wind down.  As your vacation approaches, leave time in your schedule to finish up last minute work.  Reduce or refer out new matters;
  • Train staff.  Do they have a clear understanding of office procedures?  How will they screen client calls during your absence?  Give them parameters for contacting you or your buddy in the event of an emergency.
  • Resist constantly checking voice mail, e-mail, or text messages.  Technology is a God-send, but part of rejuvenation is taking a break from our instant Internet society. Checking in is okay, but stick to a schedule to avoid obsessing over what is going on back at the office.  Remember – you have an emergency plan in place.  If something happens, staff or your buddy will get a hold of you.
  • Avoid post-vacation overload.  Just as you blocked out dates to go on vacation, allow yourself time to get back up-to-speed.  Otherwise, you’re right back where you started.

All Rights Reserved 2019 – Beverly Michaelis

 

Law Student Mental Health

New Podcast on Law Student Mental Health –

https://abacolap.wordpress.com/2019/04/25/new-podcast-on-law-student-mental-health/
— Read on abacolap.wordpress.com/2019/04/25/new-podcast-on-law-student-mental-health/

Law students may experience significant stress in law school without much to access in the way of resources. This new podcast addresses that need.

If you have students working in your office, encourage them to listen to the podcast. Point them to our own Oregon Attorney Assistance Program, which serves students in addition to lawyers.

Why Young Lawyers Should Go Solo

I’m a young lawyer. I started law school in 2010, which was a scary time to be entering the profession. Jobs had disappeared and a scarcity mindset had taken root. I was relieved when I managed to find work, first as an appellate clerk, and then at several mid-size Seattle firms. But relief and satisfaction are two very different things and, after three years in private practice, I still wasn’t satisfied with my firm job.

So, just last August, I quit and started a solo practice[…]

via 4 Reasons Young Lawyers Should Consider Going Solo — NWSidebar

Post author Mark Tyson found that going solo was the right choice for him.  Why?

You can (and will) master the business of law

You’ll have to learn, by necessity, how to write a business plan, develop a marketing strategy, create key performance indicators, track conversion rates, and so much more. You’ll make lots of mistakes and learn from them along the way.

Being a solo allows you to lead with your values

I value organizations devoted to social and cultural enrichment. To support these organizations, I incorporated a sliding-scale fee model into my pricing structure, which allows me to offer reduced rates to those who need services but can’t necessarily pay market rates.

You are free to be creative

Writing interesting and useful content has been the creative outlet I hoped to find as a lawyer… I enjoy writing, so it rarely feels like a chore to blog, especially when a new prospect calls after reading my latest, or when one of my posts hits the first page on Google.

I only help clients I truly care about

When I opened my firm, I got some advice that’s shaped my approach to marketing: “Tell at least one person a day who your ideal client is.” The directive is to be bold, yes, but also targeted in your marketing. You’re not just looking for anyone who’s willing to pay your fee—you want someone who’s a good fit for you.

Mark’s main takeaway: Starting your own firm means battling insecurity every day, but the satisfaction is well worth it.

 

Well-Being Template for Legal Employers

The Policy Committee of the ABA Commission on Lawyer Assistance Programs (CoLAP) and the ABA Working Group to Advance Well-Being in the Legal Profession developed a Well-Being Template for Legal Employers to provide suggested guidelines to legal employers for responding to an employee who is experiencing impairment due to a substance use disorder, mental health disorder or […]

via New: Well-Being Template for Legal Employers — CoLAP Cafe