National Jurist - February 2009 - (Page 46)

DISTURBINGTHEPEACE Howrey firm has PR problem, needs less lipstick “I know you believe you understand what you think I Now, before you write me an angry e-mail to explain that said, but I am not sure you realize that what you heard there is such a thing as “outplacement,” I’ll concede the point. “Outplacement” does exist. But the firm spokesperson mischaracis not what I meant.” — Richard M. Nixon I studied public relations in college. I learned how to pitch and package stories to controlled and uncontrolled media, how to build and maintain stakeholder relationships—and how to put lipBy Jon Peters stick on a pig. It’s the latter that beguiled me back then, and taught me temperance. And it’s the latter that rankles me today, namely its poor execution by a global law firm. Howrey, based in Washington, D.C., recently axed 10 associates, referring to their layoffs as “outplacement.” A firm spokesperson in December told Above the Law: “Howrey is not laying off lawyers or staff. As in every year, there is an outplacement of some associates based on performance issues.” The spokesperson went on to emphasize that it is inaccurate to refer to the “outplacement” as a layoff, apparently because the firm is “enjoying a strong year.” That’s just too much lipstick. I mean, sure, people and organizations occasionally do unpopular things, and that requires some cosmetics, not only to mask the proverbial pig but also to achieve some objective (e.g., to maintain the trust and confidence of stakeholders). Too much lipstick, however, breeds an even uglier pig and swallows up the objective. Claiming that Howrey is not laying off lawyers or staff — claiming instead that it is outplacement — is too much. It reminds me of the time my alma mater announced sweeping budget cuts and referred to them as “realignments.” Or the time my best friend’s employer laid off more than 50 employees, calling the exodus a “rightsizing” while refusing to call it a “downsizing.” Please. In each example, the organization failed to recognize that its success depends partly on stakeholder satisfaction, and that stakeholder satisfaction depends on trust and confidence. Linguistic gymnastics does not inspire trust and confidence. 46 THE NATIONAL JURIST terized it, trying to use the term as lipstick, a euphemism for termination. I checked with a friend who works in human resources, and he explained to me that “outplacement” is a service provided by an employer to a departing employee; its purpose is to help the departing employee make the transition into the job market and to land on his or her feet. Thus, termination triggers “outplacement.” They are not one and the same. And yet the Howrey spokesperson said that the firm’s termination of 10 associates is an outplacement, not a layoff, and suggested that it’s not a layoff because the firm is “enjoying a strong year.” I have no idea whether that’s true — whether, in fact, Howrey is enjoying a strong year— but I do know that the spokesperson, in any case, mischaracterized the essence of a layoff. Whether the organization is having a strong year is immaterial. Layoffs happen for any number of reasons, including but not limited to finances. In fact, employees can be laid off because of lack of work, lack of funding, lack of performance, or simply because the employer is reorganizing. For these reasons, it seems likely that the firm laid off 10 associates, then provided them with “outplacement” services; it did not merely “outplace” the associates, without laying them off or otherwise terminating their employment. Indeed, it seems that the spokesperson misspoke, trying to slather on too much lipstick. I only hope this is a lesson learned for Howrey—that there is no better cosmetic than temperance, than selfrestraint in language. Jon Peters, an award-winning columnist and student editor of The National Jurist, is a Leadership Scholar at The Ohio State University Moritz College of Law. E-mail him at peters.401@osu.edu February 2009

Table of Contents Feed for the Digital Edition of National Jurist - February 2009

National Jurist - February 2009 Contents Entertainment: Get Organized! The Firm Report: The Part-Time Lawyer News: Keeping Ethics Intact, New Law Deans, Latest Survey Findings Seattle Law Students Secure Asylum for East African Women Laptops in the Classroom Attorneys Dissect Health Law Law Students Contribute to 2008 Election Process Remembering Professors Obama and Biden Bar Exam Diaries How Well Balanced are Law Students? How to Choose a Summer Program Career Hotline Linguistic Gymnastics Disturbing the Peace

National Jurist - February 2009

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