protecting the firm - ala arizona chapter · protecting the firm . dealing with substance abuse ....
TRANSCRIPT
Protecting The Firm
Dealing with Substance Abuse in the Workplace
May 16, 2017
The Human Resources Perspective
Denise Blommel Denise M. Blommel,
PLLC
Attorney 7702 E. Doubletree Ranch
Road, Suite 300
Scottsdale, AZ 85258
480-905-5810 [email protected]
www.azlaborlaw.com
Professional Responsibilities
Administrative Responsibilities
Lawyer Non-Lawyer
Staff Staff
ER 5.1 ER 5.3
Fact or Fiction?
Mental Models
“It Will Never Happen To Me Or My Firm!”
Impairment Will Likely Have an Impact on You or Someone You Know • Lawyers suffer nearly quadruple the clinical
depression rate of average occupations • 20% of lawyers suffer from substance abuse • Lawyers’ suicide rate 6 times the national average • 30% of attorneys qualify for mental health
intervention
Effective February 10, 2013, the Nevada Supreme Court
recently amended Supreme Court Rule 210 regarding mandatory continuing legal education via ADKT 478. The order makes it mandatory for all active
Nevada attorneys to take a minimum of one CLE hour once every three years on substance abuse, addictive
disorders and or mental health issues.“
Attorney at Work https://www.attorneyatwork.com/lawyers-depression-substance-abuse
By Ruth Carter | Sep.18.14 | Balance, Daily Dispatch, Law Practice, Nothing But The Ruth!
James P. Kelleher LPC, NCC Professions that are full of stressors often contribute to mental health concerns, especially when a person lacks healthy coping skills. Unfortunately, individuals dealing with stressful, anxiety-provoking careers often find themselves coping in unhealthy ways, including avoiding and disconnecting from reality through unproductive behaviors and addictions. Brian Cuban Once I became a lawyer, the pressure of the profession certainly intensified my existing depression. It got to the point where I was doing cocaine in the bathroom of the law firm where I worked every morning just to face the day.
Attorney at Work (2) https://www.attorneyatwork.com/lawyers-depression-substance-abuse
Brian Cuban Law firms can help by not perpetuating the stigma of having to be perfect in everything we do and, more importantly, offering resources to lawyers who may be having issues. Lawyers have to be able to be human and be comfortable that they will be treated as human beings if they are suffering from depression or substance abuse. Depression is not a choice. Addiction is not a choice. If a law firm wants to protect its investment in people, it should give those people the framework to deal with their problems.
Attorney at Work (3) https://www.attorneyatwork.com/lawyers-depression-substance-abuse
James P. Kelleher LPC, NCC Some of the signs of depression include shifts in sleep patterns (sleeping too much or too little), changes in appetite (under/over eating), a decrease in energy, lack of interests in activities, feeling hopeless and thoughts of suicide. Some of the signs of substance use include neglecting responsibilities, difficulties with personal and professional relationships, finding one’s self in risky situations (legal, financial, sexual, etc.), and feeling troubled or bothered by behaviors. If you have concerns regarding a colleague, you should speak directly to that person and express your concerns. However, if the safety of that colleague is of concern, it may be appropriate to speak directly to your supervisor.
Above the Law 12/1/14
“Lawyer of the Day: DUI Lawyer Tackled, Then Arrested for DUI”
Fact or Fiction?
Applicable Laws
Tread Lightly! Some causes of impairment may be legally
protected under State and/or Federal law. In addition, signs of impairment may be ADA and/or FMLA notice triggers. You need to navigate through the complicated world of
employment law and make informed business decisions.
Federal Laws •EEO Laws
– Americans with Disabilities Act – 15+ employees •OSHA –10+ employees for federal; any in AZ •ERISA – applies if you offer benefits
–COBRA 20+ employees •FMLA – 50+ employees or public entity •Federal contractor/funds Drug Free Workplace •Social Security disability
Arizona Laws • Arizona Civil Rights Act
• 15+ employees – disability • Unemployment Insurance • Arizona Employment Protection Act • Minimum Wage/Earned Paid Sick Time • Worker Compensation • Occupational Safety and Health • Drug Testing of Employees Act
Is There Something Else? • Contract of Employment • Public Employee Due Process • Collective Bargaining Agreement • Work Rules and Practices • Employee Benefit Plans • Ethical Rules • Professionalism
Firm Employee Policies (1) • Everyone is a W-2 • Employment at will • Client expectations and responsibilities • Employee classifications • Prevention of sexual (+ other if 15+ employees) harassment • Paid Time Off
• Vacation, EPST, personal, breaks, holidays, bereavement • IOLTA accounts and handling money • Confidentiality of client information • Social Media • Avoiding unauthorized practice of law
Firm Employee Policies (2) • Pay practices comply with FLSA/AZ law • Benefits (insurance, EAP, perquisites) • Absences and Leave • On-the-job injury protocol • Safety, including fire, exposure and smoking • Conflicts of interest • Recordkeeping • Communications (including no solicitation) • No expectation of privacy in Firm technology • Drug & Alcohol Testing
Address Problems Immediately • Safety Issues • Significant Decrease in Productivity • Increase in Healthcare Expenses • Absenteeism • Poor Decision Making • Low Morale • Increased Unwanted Turnover • Possible Media Exposure • Other Linked Legal Issues
Drug & Alcohol Policy • Federal Drug Free Workplace if required • Arizona Drug Testing of Employees
•Voluntary compliance • Indemnities from lawsuits if compliant • Medical marijuana provisions
•Alcohol testing is a medical exam under ADA •Must be job-related or because of business necessity
•Elements • No tolerance of use on job
•What about parties? •Testing protocol – including payment • Consequences of positive test
Drug & Alcohol Policy Impairment (ARS §23-493(7) Impairment" means symptoms that a prospective employee or employee while working may be under the influence of drugs or alcohol that may decrease or lessen the employee's performance of the duties or tasks of the employee's job position, including symptoms of the employee's speech, walking, standing, physical dexterity, agility, coordination, actions, movement, demeanor, appearance, clothing, odor, irrational or unusual behavior, negligence or carelessness in operating equipment, machinery or production or manufacturing processes, disregard for the safety of the employee or others, involvement in an accident that results in serious damage to equipment, machinery or property, disruption of a production or manufacturing process, any injury to the employee or others or other symptoms causing a reasonable suspicion of the use of drugs or alcohol.
Options
• State Bar Member Assistance Program 602.340.7334 or www.azbar.org/peersupport • Employee Assistance Program • Group Health Insurance/rehabilitation • Last chance agreement • Termination
Terminations are Expensive!
When an experienced lawyer leaves a firm, it can cost a firm between $400-800K! On the other hand, it may only cost a few weeks of time to help an impaired lawyer get back on track.
Expenses Associated With Lawyer Terminations
Severance $ 62,000 Headhunter Fee $ 40,000 Recruiting Expenses $ 10,000 Moving Expense $ 10,000 Lateral Training Time $ 20,000 Partner Training Time $ 50,000 Billable Hour Gap $115,200 Lost Book of Business $300,000 $607,200
Hard & Soft Costs of Termination (1)
• Recruiting • Interviewing • Orientation • Training • Loss of Productivity (New Lawyer, Staff, Mentors,
Partners) • Client Dissatisfaction • Reduced or Lost Business
Hard & Soft Costs of Termination (2)
• Billable Hour or Revenue Gap • Severance • Outplacement Costs • Turnover Can Negatively Effect Recruiting and
Retention Efforts • Book of Business • Every Dollar Matters
Attorney Farewell • Clients remaining
• Letter sent by both Firm and departing attorney? • Any time limits running or litigation issues? • Safekeeping of records and property?
• Clients leaving • Letter sent by both Firm and departing attorney? • Payment of fees resolved? • Files and property transferred for safekeeping?
• Statement to clients and public • Communications policy • Conflicts check • Technology issues • Ethics Opinion 10-02
Termination Don’ts • Fire an Employee in Anger
• Fire an Employee in a Hurry • Go Alone Into a Termination Meeting • Get Into a Debate • Fail to Document • Be Inconsistent • Apologize
Resources
• www.dol.gov/whd/fmla • www.eeoc.gov • www.osha.gov • Arizona Employment Law Handbook • www.azica.gov • www.azbar.org • www.azlaborlaw.com
THANK YOU to
Christine Colwell Stangl Legal Administrator Squire Patton Boggs (US) LLP 1 E. Washington Street Suite 2700 Phoenix, Arizona 85004 602-528-4821 [email protected] www.squirepattonboggs.com
Questions?