Defending against an employment suit never is a comfortable experience for in-house attorneys. And that discomfort is multiplied one hundred times over when it’s the boss who has been accused of wrongdoing. When that occurs, the in-house lawyers must become the pivot point between the CEO and employment suit — whether it’s discussing the facts of the claim, considering whether to pursue a settlement, preparing the boss to testify (unpleasant flashbacks to Bill Gates’ deposition), or cueing in retained counsel on effectively communicating with the boss. And bosses, for the most part, are intensely interested in employment issues. Why? They intuitively grasp that employees make or break an organization, that employment claims may be symptomatic of a deeper problem and that employees look for a message in the way an employment issue is handled. In-house lawyers walk a fine line, counseling on all fronts for a client who is usually demanding, sometimes unreasonable and oftentimes right. Here are some things we’ve learned, several from the school of hard knocks and many more from the wise tutelage of seasoned in-house lawyers. We’ve set them out as three Home Bases to go to when it’s the boss.
Home Base No. 1 is the most important because it deals with how bosses communicate with you — and more importantly how they expect you to communicate with them. Because bosses are generally solution-oriented, as a guide in communication, we’ve borrowed an acronym from the U.S. Army: BLUF, Bottom Line Up Front. This doesn’t mean that you need to be tactless. But it does mean that you need to get right to the point. Be concise. Be frank. Give the boss options (not “alternatives,” which can seem too ephemeral for a practical boss, or “models,” which may seem too inflexible). And remember, before you go into his or her office, take some time to think through what the boss’ expectations, needs and objectives are. Consider what your boss focuses on and how he or she measures results before you come up with the options.
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