Michael P. Maslanka

October 04, 2004 | Texas Lawyer

How do the courts figure out whether an employer intentionally discriminated? Because our legal system is fixated on the impossible -- determining the objective truth -- the courts have developed tools of imprecise calibration to measure the heart, gauge the mind and plumb the soul.

By Michael P. Maslanka And Burton Brillhart

11 minute read

March 02, 2009 | Texas Lawyer

2009 is off to a bad start for the Equal Employment Opportunity Commission. On Jan. 15, the 5th U.S. Circuit Court of Appeals did a throw down to the EEOC and its conciliation process.

By Michael P. Maslanka

5 minute read

September 06, 2004 | Texas Lawyer

Claims of conscience strengthen corporate culture. They help the bottom line. How? By empowering employees to question authority, cognitive diversity flourishes.

By Michael P. Maslanka and Theresa M. Gegen

12 minute read

December 05, 2005 | Texas Lawyer

The general counsel�s office deals with a broad range of work matters issues: setting an effective tone for human resources; avoiding the next wave of employment claims; helping C-levels hire the best and brightest. Here are some stocking-stuffer ideas on each.

By Michael P. Maslanka

8 minute read

August 20, 2010 | Law.com

Asks Michael P. Maslanka: What lessons can "Othello" teach to lawyers? Two of the lessons focus on recognizing key facets of human behavior: manipulation and rationalization. Shakespeare's play can help lawyers recognize these tactics and guard against them in their daily practice.

By Michael P. Maslanka

7 minute read

August 11, 2008 | Corporate Counsel

Attorney Michael P. Maslanka offers some reading suggestions for general counsel to cap off the summer or gird for the fall. And for those who lament that they have no time to read books that don't produce immediate results, Maslanka says the value of a book, like that of a blind date, isn't because it's predictable but because it's random. Who knows what idea will strike you, taking you off in who knows what direction?

By Michael P. Maslanka

7 minute read

November 01, 2000 | Law.com

Your employees are your most important assets, and there are three ways to protect them -- to persuade, to prevent or to punish. The world is changing: Where punishment (litigation) was once the way, now persuasion and prevention are the least expensive and most effective options. After all, you can't lose what doesn't leave.

By Michael P. Maslanka and Mark A. Shank

6 minute read

June 04, 2008 | Law.com

In 1975, Michael Maslanka dropped out of college and worked as a hotel desk clerk. Maslanka is an employment lawyer now, but he's never forgotten the lessons he's learned from his hotel boss. Here's one of the lessons that will help corporate counsel when it comes to deciding whether to impose the equivalent of capital punishment in employment: termination. It starts with what Maslanka calls "principled compassion" and the questions to ask to find if termination is warranted.

By Michael P. Maslanka

6 minute read

September 05, 2005 | Texas Lawyer

For in-house lawyers at every level, accountability counts. American culture believes this with fervor. For each yang of employee entitlement there is a corresponding yin of employee responsibility. Knowing this helps general counsel explain to the C-level executives down the hall that the ecology of the workplace is in balance, soothing their anger, centering their decision-making and mollifying their perspective.

By Michael P. Maslanka

6 minute read

August 18, 2008 | Texas Lawyer

Why do students still read Shakespeare? A conspiracy of finger-wagging, we-know-what's-best-for-you high school English teachers? No. It's his empathetic powers, making people see ourselves as we are — rationalizations not permitted. The bard has much to teach lawyers.

By Michael P. Maslanka

5 minute read