What if an Employee is Impaired?

Let’s face it, working in a law office is stressful for everybody, especially if your employees perceive you as part of the problem.

The best thing you can do to help your employees be functional and productive is to be functional and productive yourself. So, before you run off trying to fix staff members who may be struggling with drugs, alcohol, mental illness, domestic violence, money problems, and the like, be sure you’ve first addressed your own issues. Some LAPs may offer assistance to nonlawyer staff. If a staff member shows signs and symptoms of some underlying difficulty, document specific behaviors over a period of time, then have a friendly conversation with him or her. Share your observations, express your concerns over the individual’s performance, and ask how you can help resolve the situation. Give the employee specific, measurable performance goals and timeliness. Repeat this process as needed, but after the first occurrence, be sure to mention the consequences of continued impairment.

Consulting an employment attorney is a good idea if you do need to let someone go. Small firms of ten or more may want to consider contracting with an EAP service as part of the firm’s benefits package. EAPs provide specific services to address the well-being of employees, such as brief counseling for work-related or personal issues, as well as referrals to chemical dependency treatment providers. They’re surprisingly affordable; on average costing less than $25 per employee per year.