AUGUST 2025 | 21 THE OKLAHOMA BAR JOURNAL Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. the reader finds them practical, applicable and insightful, whether they practice in this area full time or only occasionally. Here are a dozen commandments for handling an employment case. 1) THOU SHALT REMEMBER WRONGFUL DISCHARGE IS LIKE DIVORCE (USUALLY WITHOUT CHILDREN) Lawyers tend to evaluate cases dispassionately and often fail to account for the emotional aspects of a case. That’s probably not the situation in family law cases, where the emotions are there on the surface, but I found it to be true in employment cases. Early in my career, I simply viewed an employment law case from a legal and logical standpoint. Did the employer fire the employee for unlawful reasons or not? I viewed my role as that of a surgeon: Was the tumor cancerous, and if so, remove it. But employment cases are emotional for some of the same reasons divorce cases are. Think about the similarities: In both divorce and employment cases, the parties enter a relationship that is viewed, hopefully, as long-term. In both situations, trust and mutual expectations are involved. In both situations, a failure of expectations leads to frustration, dissatisfaction and often anger. In both situations, a parting of the ways creates consequential problems for both parties. In many of my cases, I failed to fully grasp the emotionality of the parties. Employers got emotional and reacted by terminating an employee. Employees got emotional and did something that led to termination. People got emotionally involved, and sexual harassment resulted. Zig Ziglar once advised people in sales, “People buy on emotion and justify with facts.” Mr. Ziglar was talking about a commercial transaction, like buying a car, but it is true in employment transactions as well. Employers fire on emotion and post facto justify with facts. Lawyers need to be alert to that. Never underestimate the deep well of emotions involved in employment cases. 2) THOU SHALT BE HUMBLE My friend Nathan Mellor says, “Arrogance divides, but humility unites.” I believe that is generally true. Most lawyers and all trial lawyers are self-confident, which, if unchecked, leads to arrogance. Arrogance will divide the attorney and the jury (and the witnesses).
RkJQdWJsaXNoZXIy OTk3MQ==