As the holidays approach, we’ll gather with loved ones and hopefully have a chance to reflect on what we’re thankful for in our personal lives. In keeping with that tradition, we’ve given some thought to what we, as employment lawyers who represent businesses, are most thankful for when it comes to our clients.
Counting our blessings
Clients that train their employees. In the last few years, everyone’s budgets have been under pressure. Expenses that are deemed “nonessential” are the first to get cut. Unfortunately, many companies view training as a nonessential expense. In our view, that approach is penny-wise but pound-foolish. Training your supervisors to understand employment law issues and identify red flags before they become major issues can prevent many lawsuits and liabilities. Moreover, training programs can often help you avoid an award of punitive damages if you do have a case that goes to court. Whether it’s done by your in-house HR representative, by an outside vendor, or by your lawyer, training is valuable.
Clients that document well. Employers that not only document but document well are an employment lawyer’s best friend. For example, a paper trail of progressive discipline is crucial in nipping discrimination cases in the bud. Good documentation makes writing a position statement in response to an Equal Employment Opportunity Commission (EEOC) charge, challenging an unemployment claim, deposing a plaintiff, or arguing a case in court that much easier for your lawyer.
Clients that investigate complaints. Clients that ignore employee complaints put themselves and their employment lawyers in a tough position. By failing to respond to a complaint, an employer may turn a relatively simple matter into a much bigger problem. The company may also lose the affirmative defense that’s provided when an employer investigates complaints and then takes appropriate corrective action. Even the most minor complaints should be addressed and the response documented.
Clients that pick up the phone. The best clients are the ones that will pick up the phone early and solicit their attorney’s advice to avoid driving into a ditch as they veer away from an employment issue. These clients bounce ideas off their employment counsel or get a sanity check before an issue becomes a major problem. In our view, it’s much more rewarding to prevent the car wreck than to get a call after the client is already in the ditch. For the client, it’s also much cheaper in the long run to head off problems before they veer out of control.
Clients that care about the law. Fortunately they’re few and far between, but there are some clients that will attempt to skirt the spirit, if not the letter, of the law in pursuit of a result. We’re thankful for clients that accept the law for what it is and express a desire to stay within the bounds of the law, both in letter and in spirit.
Clients that want to do the right thing. We appreciate clients that not only want to comply with the law but also want to do what’s right and fair by their employees. That may mean giving an employee a second chance to correct a mistake. It may mean giving the employee a chance to tell her version of events. It may mean paying severance when it isn’t required. Clients that recognize that they’re dealing with people and there are not only legal but also human consequences to their actions are the types of clients, and people, with whom we like to be associated.
Thank you
We’re fortunate to have many clients that exhibit all of the above traits. 
We’re thankful for them and the opportunity to represent them. Happy Thanksgiving to all!
Richard Rainey is an attorney with Womble Carlyle Sandridge & Rice in the firm’s Charlotte, North Carolina. He may be contacted at rrainey@wcsr.com.