Employment Law Tip No. 1: Communication Really Is Important

Another tid bit about me: I'm an employment lawyer. I really enjoy being a labor and employment lawyer, because I feel like I can help people. I like nothing more in the world than helping people. Makes you feel good! But I one hit or miss part of my job is reading the (sometimes sad) facts about employment situations gone bad. 

The number one reason that situations go bad: bad communication. An job is like a marriage, you gotta communicate for it to work. I guess the biggest area that I see this in is with FLMA issues like taking leave, where an employee is too embarrassed to admit they need help, and an employer is to embarrassed to say something. Then, after an employee has exhausted their sick leave and borders on being fired, they walk in with a note from a doctor saying they suffer from depression. The employer is left wondering what is real. And seeing their employee in a new, negative, and skeptical light, wishing to pull the plug on what was a positive relationship. This situation costs both sides, for the employee they miss out on opportunities and support for getting better, for the employer they lose a member of the workforce. It is expensive to hire and train new people, even for McDonalds, all the more for a technical or highly specified position. And for the employee, health care isn't cheap. There is a middle ground, especially with large employers, but most employees don't know this because, well they don't talk about it. 

Drug use is another touchy topic that people don't want to talk about in the workplace, but is so important. Lots of Americans use drugs. Most Americans try drugs. Many large employers provide assistance to employees struggling with drug use with the hope of minimal workplace disruption. It makes fiscal sense. And for the employee, it makes sense to access a support system that is free or subsidized and has someone who really wants you there, and ok. In Missouri, an employee is protected to some degree for voluntary admissions of drug problems and for seeking help. But, like paternity leave time, this is a very underused provision. Even in the face of how being tested positive in most if not all work environments will terminate your employment. 

But still use common sense. No one wants to hear about your STD, especially your boss. It can be a sexual harassment policy violation. Hey, I'm a lawyer. Conservative and errs on the side of caution...

And I would also not encourage making lots of complaints about co-workers whatever your protective class.  This advice is really for FMLA and health related issues. Just a disclaimer ;)