Do Employees Have A Duty Of Loyalty To Their Boss?

One morning, in one of my favorite solo practitioner listservs, someone sent an email with this title: “I have an entitled staff!”

The author, a solo practitioner, said that he consistently lets his staff and attorneys leave the office at 5:30 p.m. even when he stays later. But one day, he got two phone calls after hours. One was from a prospective client who was told to call back the next day during business hours. The other was from a client who wanted to stop by the office to make a payment but was also told to come back the next day as the staff was leaving the office.

The author was not pleased, so he considered having his staff stay until 6:30 p.m. He acknowledged that it may hurt morale but at this point, he didn’t care.

I can understand why the author would be upset because this might have cost him a potential client. Potential clients sometimes cannot call during normal business hours because they too are working. Also, they have very short attention spans. If someone doesn’t answer their call, they usually don’t leave voice messages or emails. They just move on to the next attorney on their list. And as every business owner knows, when a client wants to make a payment, take it as soon as possible. Because the next day it can be gone.

I see two problems here. The first is that there seems to be a lack of protocol regarding how to handle potential clients that call after normal business hours. I don’t know if his idea of forcing staff to stay one hour later than usual will solve the problem. What if potential clients call at 8 p.m. or later? There have been times when people have called me in the middle of the night. As for receiving payment, solo practitioners and small firms should have ways for clients to send payments outside the office. They can deposit or wire the funds into the firm’s bank account. Or they can pay electronically using PayPal or various payment apps.

The second problem – and what I think goes to the heart of the matter – is that the author is upset because his staff did not go the extra mile for him. Why else would he complain that his staff are “entitled” just because they are going home at the same time they normally do?

Unquestionably, employees have a duty to do their job competently. But do they have a duty of loyalty to their boss? Was the author right to expect employees to stay later in the office when the circumstances require it?

Legally, employees can be required to stay extra hours so long as they are paid overtime. But loyal employees don’t demand overtime for staying late. Their reward should be the feeling of pride and satisfaction knowing that their boss will help another person in the community and will reward them appropriately when the time is right.

Being loyal also means dropping whatever plans they had for the remainder of the day. Someone else will have to pick up their children and cook dinner. Or they will have to miss the night’s Pilates class.

The truth is that most employees will not show the same level of loyalty and dedication to their work as their boss would. Employees generally treat their jobs like… a job. Once they complete their duties, they go home and go back to their personal lives. Generally, newer employees will be more loyal because they are trying to prove themselves. But the loyalty and morale quickly diminish when the boss does not keep his promises, or becomes abusive.

Employees generally have little to no incentive to have an owner mentality. Because of ethical prohibitions on fee splitting with non-lawyers, paralegals and legal assistants cannot get a portion of the client fees they bring to the firm. Also, employees know that when business is down and money is really tight, the employer will not display the same level of loyalty by paying them with his personal funds or getting a loan. It’s much easier to lay people off and let the government issue unemployment checks.

The problem is that some employers expect an unreasonable level of loyalty as a condition of employment. These people tend to have a very malevolent management style and and as a result, employee turnover is high. And this is the reason why we have labor unions and 99.9999% of the labor laws in this country.

So how can employers increase employee loyalty to the point where they will put their necks and personal relationships on the line for the employer? This is complicated because every employee wants different things. But perhaps they can start by treating them well or better than their competitors. Partners, associates and support staff should feel proud and privileged to work for the firm. And if a striving employee shows an exceptional level of dedication, he or she should be rewarded and praised, to encourage others.

On the bright side, the author of the email got mostly critical responses from his listserv colleagues. It’s encouraging to see that solo practitioners will not tolerate one of their own being bullies to their employees. I hope that others will follow their lead in order to promote a more collaborative working environment. An employee’s competence should be expected, but their loyalty must be earned.

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Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at [email protected] and via Twitter: @ShanonAchimalbe.