Labor / Employment, On The Job, Politics

Being An Employee In The Age Of Trump: A Guide To Keeping Your Head And Your Job In Times Of Transition

Pointers from employment lawyer Beth Robinson about working in government during an age of uncertainty.

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President-elect Donald Trump

President-elect Donald Trump

Ed. note: Please welcome Beth Robinson, one of Above the Law’s new labor and employment law columnists.

I’ve been an employment lawyer for nearly ten years, and I am currently an attorney at Fortis Law Partners in Denver, representing employers in managing their workforce, and if necessary, employment-based disputes. My column will focus on legal issues in employment law, and hopefully be entertaining and accessible. If you have a topic you think I should cover, let me know. I appreciate feedback.

I’m a member of a “secret” Facebook group: lawyers of the left. It’s full of much handwringing and worrying about this new administration (the Donald & Co.), and efforts by fellow (mostly) likeminded lawyers to make a difference. An issue that has come up repeatedly is whether federal employees should abandon ship quickly with the new administration. I think that they should not.

I used to work for state government. While it’s not as prestigious as federal government work, we have a lot in common. One of the biggest things in common is worry about changes of the guard.

There are certain positions that will inevitably get cut with the change. This is also true no matter what level of government you practice in. If you are “chief” so-in-so, and if the guard changes, you will need to find a new employer. If, however, you are a regular working person, here are some pointers from an employment lawyer who has been there.

First, don’t be a martyr. Government works because of the little guy out there getting things done. Don’t think, I am so wed to my beliefs as a (enter role here), I can’t possibly work for someone like Trump (or one of the people who he has said he is going to appoint, who, universally, seem opposed to the agencies they are being tapped to run). Yes, you can. Because odds are, your immediate boss won’t change. And while the focus of the agency may change a little, or pivot to the right, at the end of the day the EEOC will still need lawyers who get things done working in their ranks. They can’t fire all of you.

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Second, every hill isn’t worth dying on. Yes, it is likely the mission of your agency will change a bit. But you can still do a lot of good. You know your job, which is a start. And you have the blessed autonomy that comes from being an overworked government employee. Keep your eye on the ball. Even if you work for HUD (and sorry, if you work for HUD, that has got to suck).

Lastly, remember your beliefs don’t automatically make you a protected class. Yes, you may feel like a minority, but unless the reason you feel persecuted is on the list of a law that protects you (age, gender, etc.), your beliefs are just that: your beliefs. If, however, you do feel that you have faced actionable discrimination, don’t hesitate to reach out to a knowledgeable attorney. (And start here to learn about the process for federal employees. )

And, as a note for us “regular” workers, just because Trump is the president-elect, discrimination laws still apply. You still have to comply with your company’s anti-harassment policy. Don’t get too crazy. A few of you have. I’ve heard about it.

I’ll end with this: despite your worries or concerns, and for better or worse, the system is working how it is supposed to work. In four, or maybe eight years, max, we can all worry about the next crop of elected officials. In the meantime, keep your head down and do good work. And if you are fortunate enough to be the kind of public servant who truly works for the people, remember why you took that pay cut.

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beth-robinsonBeth Robinson lives in Denver and is a business law attorney and employment law guru. She practices at Fortis Law Partners. You can reach her at employmentlawgurubr@gmail.com and follow her on Twitter at @HLSinDenver.

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