In the course of my litigation cases, I’ve had a good-natured argument at times with a few counsel who represent employees about the mindset of employers.  The argument I’ve heard from them is that employers are too cavalier in firing employees and just go about hiring someone else (someone younger, they argue).

headahbBut what I’ve heard from my clients over the years is something different.

Typically, the decision to fire an employee is tough, made only after a series of internal conversations.  Employees with performance issues weigh on the supervisor’s minds — the struggle between trying to help the employee improve while still making sure that the needs of the business get done.

Mostly they get it right. But firing a poor performer doesn’t typically solve the issues for employers. Rather, they then need to find the RIGHT person to fill that position.

Hiring the right person is hard.   Just the process of searching for that person can sometimes feel like the proverbial needle in the haystack.  Online resumes come in by the dozen and business pressures make it difficult for employers to just find the time to parse through the resumes and interview candidates.

The headaches with hiring have only gotten worse over the last decade as well.

New laws have been put in place that place restrictions on what employers can and cannot ask and when they can ask those questions. And further restrictions on things like non-compete agreements in certain professions make hiring the right person all the more important.

For example, “Ban the Box” is now the law in Connecticut. Have you amended your employment applications to address this issue? Restrictions on the use of credit reports were put in a few years ago. Have you revised your process accordingly? And how can you search social media without running afoul of laws that ban “shoulder surfing”?  Do you give employees an “offer letter” that outlines the terms of their employment as Connecticut law requires?

I’ve talked about some of these things in prior posts, but I’m going to expound upon it further at our firm’s upcoming Labor & Employment Law seminar later this month.  You can register for the program here; space is very limited at this point.

Are there other topics related to hiring that you’d like to hear addressed at the seminar or on the blog? Be sure to post a comment so we can incorporate that in our free presentation.

The moment when you learn your wife has cancer gets imprinted on your brain in a hurry.

At least for me, it did.

That happened back in February of this year.  I haven’t talked about it on the blog yet for several reasons including that my wife is much more private online than I am.

But she suggested that I talk about it publicly on the blog now, if only to let others to know that they are not alone in having cancer affect them or a family member.  And to raise awareness of this very common type of cancer.

You see, my wife is young — if you still count the early 40s as young — with no history of colorectal cancer in the family.  So, when she was diagnosed, it came as a shock to her. And our entire family.

As the much-used phrase goes, life hasn’t been the same since then.

Getting diagnosed with cancer is both scary and frustrating.  Scary for the obvious reasons, but also frustrating, because medicine moves at its own pace. Doctors are careful and cautious, making sure to get the treatment plan right.  And treatments typically take many months.

It’s also both physically and mentally exhausting not only to the person who is diagnosed, but to the entire family.

My wife’s cancer wasn’t caught early, but the doctors told us that they believed they didn’t catch it too late either.  However, they outlined a long and fairly new treatment protocol that we have been living with ever since the diagnosis.

We have been fortunate to work with local doctors at Hartford Hospital (a terrific client of my firm as it turns out) and super specialists in New York at Memorial Sloan Kettering.  She underwent four grueling months of chemotherapy earlier this year followed by nearly 2 more months of chemo with radiation.

That, however, was just the warm up.

Early this month, she underwent a planned 15-hour complex surgery with three surgical teams at Memorial Sloan Kettering Cancer Center.  Her recovery from such a major surgery has been slow, but steady.  She finally returned home in the last few days for further rest and recovery.  The care we received at MSKCC was outstanding.

And yet, despite the difficult nature of the surgery, we are thankful for the news we recently received: After several more weeks of recovery, the doctors have given her (and us — since cancer really is a “family” disease, as the doctors have reminded us time and again) a very good prognosis going forward.

With Thanksgiving upon us, we certainly have a lot to be thankful for.

Careful readers might notice a lot more posts from my colleagues here at Shipman & Goodwin this year. That’s not an accident. My colleagues have been so supportive in both substantive work and for the blog.  I’m so thankful for their support.

I’m also thankful for the support of countless others who have brought meals to our house, or helped in other ways.  And thankful for the world-class care my wife has been receiving both here in Connecticut and in New York.

I’m thankful as well to have this bully pulpit.  I hope to use it in an upcoming post or two to talk about the employment law issues related to this topic from a more personal experience.

But my wife didn’t want this post to be about her.

As I said at the top, we wanted to raise awareness of the issue.  Colorectal cancer is the second leading cause of cancer deaths in the United States.  Over 135,000 people will be diagnosed with colorectal cancer this year alone.

Yet, compared with other types of cancer, it receives less publicity. I won’t debate the causes here, but it’s time we recognize how serious this disease is here in the United States.

So here are three things you can do right now.

First, get screened for colorectal cancer.  Make your appointment today if necessary.  From a colonoscopy to at home tests, screening remains the single best way to beat this disease. When caught early, the survival rate is significantly higher.  And you’re never too young to start thinking about it.  Colonoscopies are quick and painless.  If Katie Couric can do it, so can you.

And trust me, colonoscopies are a lot easier than dealing with months of chemotherapy.

Second, follow one of the many groups focused on this issue such as the Colon Cancer Alliance.  Take the time to understand this issue.  And the spread to word to others.  And please consider donating to them as well.  There may not be an ice bucket challenge associated with it, but you’re over 25 times more likely to get diagnosed with colorectal cancer as you are to be diagnosed with ALS.

Third, and here is the lawyer in me speaking, consider updating your will, health care proxy, and other estate planning documents — particularly if you’re otherwise healthy. You don’t want to have to worry about them when you get diagnosed with a life-threatening illness.  My firm does this work, but there are many others who provide this service as well. And, at a minimum, consider one of the self-help legal sites to get the basics done if you don’t think you can afford to pay an attorney.

My posts here will remain somewhat sporadic for a while as I balance being a caregiver with work obligations as well.  But if this post causes just one of you to take the action steps outlined above, I’ll know that we can make something positive happen from such a tough diagnosis.

And if we can make something good happen from this post, I will be thankful.

Happy Thanksgiving to all.