Don’t File That Lawsuit!

In 1983, I began my employment law practice, motivated to represent poor victimized employees and help them overthrow their dastardly, villainous bosses. I went all in. Worked 70-hour weeks, out to be the hero. At first, I took on basic cases like sexual harassment and discrimination, and by the end of my career, I was handling more sophisticated dramas like whistle-blower and glass ceiling cases. By the time I turned 30, I was divorced (Daddy wasn’t home enough), and by the time I was 40, I was burnt out of litigation. And I quit.

Over the ensuing 20 years, I’ve had the opportunity to re-invent my career by being an entrepreneur, trainer, investigator and executive coach.

Given the experience set forth above, let me get to the title of this article. I now advise people who seek my advice that the preferred approach is to spend their time and energy focusing on finding the right place to work rather than spend another moment looking backward, trying to prove that you were “right” …about the wrong place to work. I have received far more gratifying thank-you notes from people who took the move-forward approach suggested.

Yes, you may have been violated. Wronged. Discriminated against. Bullied. Sabotaged. Did I miss anything? Because of that conduct, you now feel victimized, angry, resentful, revengeful, and determined to bring the dastardly villain(s) to justice!

But…not so fast. If you were my son, or sister, or father, or best-friend, here is the advice I ask you to consider:

1. Let go of the need to be “right.” You know the truth. Does it really matter if anyone else does? Instead, focus all your energy on moving forward and working in the right place, which may be for yourself.

2. If you are being accused of wrongdoing, and as a result, permanent damage can occur, you must defend yourself. Your reputation and livelihood. Even then, all-out war is a no-win scenario.

3. If it’s the other way around and you are accusing somebody of wrongdoing, do you turn the other cheek? Or do you forget those lessons and punish them or tarnish their reputation in return? The answer may be “yes” if it’s to prevent them from doing further damage. That does not mean you need to file a lawsuit. But it would be appropriate to “out” them.

There are rare circumstances where people have been seriously damaged, and it’s difficult to simply dust yourself off. You may need psychiatry sessions not paid for by your insurance. You may have a very niched job where it takes longer to be re-employed. If that’s the case, then work with an attorney to see if they can negotiate a severance, without you having to go through the litigation process. Often, a demand letter and meeting will suffice. Try to get a settlement that will help you move forward. Do not worry about getting a pound of flesh on top if it. And, think twice before you sue to get settlement leverage.

4. Unless you’ve been through the litigation process, you do not understand how crazy it gets. If you thought you were violated in the workplace, wait till those defense counsel get to you. You will not only be questioned by attorneys but perhaps their psychiatrist as well. And, you will wear out your friends and family listening to your story. They will tire of it far sooner than you.

On too many occasions, I have seen plaintiffs put their life on hold waiting for resolution from their lawsuit. They often lose years of career and personal growth in the process. Staying in your victim role is not in the least bit attractive or helpful.

Take into consideration how long these cases drag on for.  I often read appellate reports related to lawsuits filed more than five years ago. Do you want to find yourself dragged through the courts for the next five years? Do you like getting beat up by lawyers? Who ever benefits from that?

Another thing not publicized is that employees win, at the most, 60% of the cases that go to trial. There’s no publicity for the 40%+ of plaintiffs that lose at trial. This figure is consistent with EEOC claims filed, where half of them are dismissed as being without merit. Imagine spending all your time and energy wrapped up in a lawsuit for three years, only to lose in the end. You will be in worse position than the day you filed that lawsuit! In fact, the company (or their insurance company) may chase you down for their legal costs!

If by chance you get a big verdict, you can all but guarantee it will go on appeal for years. Either that or you must settle at a reduced amount. So, while the claimant may have received a $2.5 million jury verdict, an appeal was immediately filed which has been dragging itself through the courts for years, and now you find your attorney wanting to settle for $500,000. Since the case was tried, the attorney gets 40% of that for legal fees. Then there are appellate attorney costs, court costs, fees for experts, depositions and the inevitable IRS. In the end, the most you get to keep is about $200,000 …if you are lucky.

Then, like the vast majority of lottery winners, that money will gone within three years.

So was it worth it?

Trust me; this happens on a regular basis. There’s no press for it. Nobody is bragging about it.

Then there is the stark reality that most harassers and bigots and other people that cause these problems, are seldom punished. Not by the company or the media. There is little press for it. You are not in Hollywood or Silicon Valley and nobody cares about your story. Many of these people don’t even lose their jobs. Often, the company pays a small portion of any settlement you get because they have an insurance company to do that for them. So, while you feel you may be “teaching them a lesson,” it seldom turns out as hoped for.

I say let the bastards rot in their own miserable lives. In the end, they will pay the price. And it won’t be because you sued them.

5. Unless you like repeat scenarios, look for your responsibility in the situation. Were there early warning signs you ignored? Do you wish you had handled certain things differently? Can you see how you may have given people a wrong impression about you? What we can control is our own behavior. We must always examine if we were less than responsible to ourselves in the circumstances. So we don’t do it again.

Growth does not come from finger-pointing but rather awareness. If you have challenges “moving forward,” then hire a coach to support you. Somebody like me can get you back on track. Yes, coaches cost money but you are thinking about your long-term growth. I can tell you this: you’ll pay far less for your coach than for your failures.

That’s 30 plus years of employment law wisdom right there. If you like destructive dramas then, by all means… file that lawsuit!

Writing and Speaking Ideas Checklist

As you probably guessed I do a great deal of writing and speaking. To check my head I use this checklist.  Hope it helps you too.

You can get a PDF of this checklist here.

  • A strong headline.
  • A strong opening sentence.
  • What is this about?
  • Who is your audience?
  • How do you hook them?- ask a question, define a problem, make a bold statement, challenge them, spook ‘em, rhetorical question, startling assertion, did you know…, provide evidence/data, be a contrarian, imagine…, a metaphor,
  • Tell a quick story. Show a picture. Create a chart.
  • What question do you want answered? What is the learning objective?
  • Why does it matter? Who is affected by it?
  • What are the learning points?
  • What’s unique about it? What’s it compare to?
  • What’s humorous about it? What’s maddening about it?
  • Is there a revelation? A breakthrough? An aha?
  • What’s the resistance, obstacle or blockage? How to overcome it.
  • Can you give something useful? A strategy, tool or resource?
  • Where’s it lead to? What’s next? Stay tuned?
  • Who’s the victim, villain or hero?
  • What’s the tipping point?
  • What’s the setting? The props?
  • Each paragraph or point 2-4 sentences.
  • Strong close. Final reminders, call to action, conviction, encouragement, “book-end” (refer back to beginning), final thought to ponder,
  • Exercise files, further learning

Here’s to pumping up your writing and speaking game.

All the best, Don

 

Learn about the Great HR program and how to reignite your career at www.greathr.com

The Future of Work

Ask yourself this: how will AI, robots and other advanced technologies affect the future of my work or that of my loved ones? Am I prepared for it?

Because it will affect us, whether you are 60 and thinking about working for at least the next 10 years or if you are 24 and just getting started in your career.

In a recent blog post I shared my Workplaces of the Future Checklist.

I also encourage you to watch these five TED videos discussing the subject.

A renaissance — the coming end of human work | Kevin Surace

How the future of work is not “Jobs” | Rudy Karsan

How to Become Relevant when a Robot Takes Your Job | Pablos Holman

Why Are There Still So Many Jobs? | David Autor

Jobs of the future and how we can prepare for them | AvinashMeetoo

What you will learn is the change coming our way is happening super-fast! More so than the vast majority of people realize.

It all comes down to thinking, doing and feeling. Technology will replace or effect non-cognitive, repetitive tasks first (like vacuuming or cooking hamburgers). Then the non-cognitive non- repetitive tasks(like estimating the cost of auto-repair or simple tax returns). Then it will attack the cognitive repetitive tasks (including things like financial planning, data analysis, surgery and legal briefs).

The jobs that will remain for most will be cognitive, non-repetitive jobs like sales reps, teachers, therapists, nurses, entertainers and entrepreneurs.

My caution remains this: don’t think this won’t be affecting your job! Jump on the front of this curve and you will benefit greatly.  Lag behind and you can get quickly turned into a dinosaur…no matter your age.

Remember, you will either eat technology or be eaten by it!

Again, if you haven’t done so check out my Workplaces of the Future Checklist

All the best, Don

PS want to bring the GreatHR Executive program to your town? Check out the feedback from my most recent workshop.

Negotiation Strategies

Every day we are negotiating. Whether on a sales call, seeking a raise or dealing with our kids. I recently read James Altucher’s book Reinvent Yourself and he shared what he learned about negotiating from his interview with Chris Voss, the former lead hostage negotiator for the FBI. Chris wrote a book about negotiation called Never Split The Difference. Here are negotiation strategies gathered from James’ interview with Chris. Many of the same points I learned negotiating as an attorney.

  1. The most important question is to ask somebody “How?” For example “How am I supposed to get a million dollars by tomorrow?” Open ended questions such as “How” or “What” get people to keep talking.
  2. Everybody tries to get a “Yes” first. Chris says get them to say “No” first. For example “No, I don’t want this project to fail.”
  3. List the negatives on your side. It shows you can empathize with them. In my trial lawyer days, I always brought out the opponent’s arguments before they got a chance to do so. It built credibility with the jury along the way.
  4. Try to show they may be powerless – If the negotiation is not going your way you can say “Sounds like there’s nothing you can do.” People resist the idea of being powerless.
  5. Use silence- people can’t stand silence. As the saying goes “let the silence do the heavy lifting”. Be quiet long enough and they will come up with something to say.
  6. When it comes to numbers in a deal Chris recommends letting them come up with the numbers first and stresses the importance of using very specific numbers.
  7. He also encourages us to make our list bigger than theirs. Say you are going into a negotiation with your CEO for your dept. agenda; if you go in with one option and then they say “no” where does that leave you? If however you go in with five and they say “no” to 3 you are way ahead of the game.
  8. Figure out your terms and conditions in advance. Don’t wing it.
  9. Chris also talks about mirroring, the power of information and using the deepest voice you can when negotiating.
  10. I can add to this list the importance of being able to walk away from the table. You must go into a negotiation with a Plan B. If you are stuck with only one option you have the weaker position. Knowing your “outs” is an important part of being a good negotiator.

There you have it, wisdom for your next negotiation!

All the best, Don

PS Has the person at your company that handles HR signed up for my Great HR program yet? www.greathr.com

How do you know if training produces results?

W. Edwards Deming was once quoted as saying “Don’t ask me the ROI on training, you either believe that education has the greatest form of leverage or you do not.” His point is this: when you are in a knowledge economy the most learned win.

But that’s only one part of the equation…isn’t it? It’s also about taking action on that knowledge. The implementation and production of results matters too. As I like to say …from abstraction to action!

Here are questions to consider when trying to answer the results question.

  • Do you give employees a way to rank or rate the value of the training?
  • Do you follow up with them a month later to find out their execution on the knowledge gained?
  • Is the training offered in alignment with the strategic objectives of the company? The closer you are to the core strategic outcome desired the more effective your training will be.
  • Has it helped people to become more productive? What did they stop and what did they start? How do you measure that?
  • Does it fill a skills gap?

What other ancillary benefits can the training provide?

  • It emphasizes a dedication to continuous improvement.
  • An increase in creativity, innovation and suggestions.
  • Becoming a more attractive employer (…so long as you market your great training programs in the hiring process).
  • Lower turnover rates.
  • Decrease in complaints and lawsuits.
  • An improvement in communication and employee relations.
  • Often, we can grow our organizations through internal talent by using training rather than bringing in lateral hires and having to engage in cultural unlearning with them.

Whether you are trying to implement a new project management software program or reduce bias claims you want your training to be effective…meaning it helps to produce results. You also want it to be something that employees look forward to because it is insightful and engaging.

And talk about great training…have you signed up for the Great HR program yet? If not, what are you waiting for? It’s awesome! And, if you are not in HR have your HR person register. You will be glad they did! www.greathr.com