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First Person
The Firing Line
Alan L. Sklover
08/02/2004


Employers continually surprise me by their general aversion to commitment. They will claim, “We do not grant employment contracts; our employees are all at-will. They’re here only as long as we want them to be, and not a moment longer.” Would you want the primary supplier of your most critical resource to be tentative or, instead, trustworthy? Would you prefer that your most important customer be loosely affiliated with you or firmly connected? Then why be so hesitant and so apathetic to your most precious business assets? Instead of using handcuffs, penalties and threats, you might clarify your company’s reporting structure, institute rolling, two-year commitments and define a clear understanding of compensation ranges—and then put each of these on paper. Employees without a sense of permanence do not heavily invest themselves into their positions, either. Afterall, no one changes the oil in a rental car.

You can achieve effectual, sophisticated risk management in hiring and firing by treating your employees—especially those who represent significant, unique value to your organization—as you would your most important supplier or your most lucrative customer. You must develop a long-term approach, and share both the rewards and risks of the relationship. There is simply no better way. Otherwise, I, and others like me, am always lurking about.

Alan L. Sklover, an attorney based in New York, makes his living helping senior executives circumvent the legal restrictions employers place on their freedom to find other employment. He argues that we can avoid these sorts of legal challenges and retain our best staff if we make the same type of commitment to our employees that we demand of them.

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