Workplace Legal Advice in High Demand
The recent enactment of several pro labor executive orders by President Barack Obama and the fears surrounding the potential enactment of the Employee Free Choice Act have left many employers clamoring for workplace advice. Rightfully concerned that the passage of the Free Choice Act would make unionization ot their workforce much easier, traditionally non-union employers have sought legal counsel to educate themselves even before the bill is law. The reasoning behind the onslaught of questions to attorneys, law firms and labor consultants is that if the law is passed, aggressive unions will quickly target employers and attempt to intimidate the workforce into a pro union vote. Only with advance training of supervisors can such attempts be thwarted.
Although the bill is currently stalled by opposition in the Senate, many experts believe that some version will eventially become law.
In addition to the trepidation concerning the Free Choice Act, many more employers now seek advice concerning garden variety layoffs, reductions in force, disciplinary actions and terminations than they did in the past. Fearing that the stagnant economy will spur employment claims, even smaller employers are making their way to attorneys' offices to seek preventative counsel. In many respects these fears are well placed as many employment related experts report a significant uptick in employment claims, even based on weak facts which would not have previously made it past most plaintiff's attorneys' desks. When faced with months and potentially years of unemployment, terminated employees appear much less reluctant to sue (or at least threaten to sue) a former employer than they have in the past.
Wise employers analyze each anticipated action with regard to its employees from the standpoint of their vulnerability to an employment claim. Some of the questions which should always be asked are : Is there any evidence that the decision in question has a discriminatory motive (or even a partially discriminatory motive? Are there any statistics of the employer which would support a finding of a discriminatory motive or even a discriminatory impact on a group of employees? How likely is it that the employee in question would make a claim if the action is taken? How likely is it that an attorney would be interested in the employee's claim? What would a resolution of the claim be likely to cost the employer? Is there any proactive way to take the action yet avoid the claim? Once these questions have been asked and thoughtfully answered, the employer will be well on the way to minimizing its potential exposure for the tough decisions it may be forced to make.
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