Company asking me to find co-worker's replacement while she's still here

[MightyPen]

Ugh I have mixed feelings on this one.

 

Basically, this year I have vastly outperformed the other salaried attorney in the office. The numbers aren't even close. Recently my boss strongly hinted that the other attorney will not be around much longer and that he wanted "another me" in the office. He straight out asked me if there was another "me" that I would want to bring aboard.

 

How would you respond to this? I feel some loyalty to the other attorney - she is a nice person but objectively speaking, she is not super effective at her job. If we're going to make a change, I guess I'd like to have control, or at least input, over the new hire to ensure a good fit. But how do I approach someone for a position that's not even open yet? It feels awkward. Plus, I'd feel disloyal to the other attorney by basically hand selecting her potential replacement.

 

The final part to it is that I could probably end up making a LOT more money by bringing in a newer attorney (paid about half of the current attorney's salary) and negotiating bonuses for myself on every single case we settle as an office.

Edited November 9, 2015 by MightyPen

[acrosstheuniverse]

It seems totally unethical to me that your boss is asking YOU to do their recruitment for them, especially when you have such a conflict of interests in that the current other attorney is still there and hasn't even been handed their notice yet! Seriously unprofessional and puts you in a really bad position, what if you do as your boss asks, really pee off the other attorney, she goes to a bigger better company you'd love to work for some day and trashes your name?

 

Your boss gets paid more because he makes these difficult decisions, it's down to him.

 

I'd tell him you're not comfortable getting involved in this situation and request that he doesn't talk to you about it again unless he's introducing you to his new hire.

 

Jeez.

[salparadise]

I don't see it as an ethical problem necessarily. Lots of people are given the responsibility of interviewing and hiring even if they're hired hands themselves. The problem here is that it's your peer as opposed to a position that reports to you (presumably). People develop friendships and camaraderie with peers in a way they typically don't with superiors. The boss is overlooking the possibility that you may feel more loyalty to the other attorney than to him, which would put you in a squeeze and has the potential to be problematic.

 

Another reason this isn't smart for the boss is that people at the same level are often in competition with one another, and if this is the case, it would be unusual for a peer to recommend someone equal or better knowing that person may be vying for the same promotion in the future. The smart move would be to have someone above that level do the hiring so that they're free to be more objective and hire the best talent available.

[Survivor12]

Asking you if you know someone is not charging you with the responsibility of finding a replacement for your co-worker. It was simply a question that requires a yes or no answer & does not require you to approach anyone. He didn't ask you to find if someone would be interested. In fact, your boss may not want word to get out that he is considering replacing your co-worker yet.

 

You may prefer to have control in selecting & hiring, but unless or until you are assigned that task, I would advise you to consider his "hints" aand question confidential & stay out of it.

[HopeForTomorrow]

Your boss is an idiot.

 

Are you in the US? Assuming you work for a small private firm?

 

What are your long-term plans? Because just based on what you said, I would be loooooking seriously for another position if I were you.

 

Hard to advise as there are a lot of unemployed attorneys out there, depending on specialty and experience.

 

I am a physician who thought seriously about law school after that. To the point of scoring relatively decently on the LSAT and being admitted to U of Iowa Law School in the late 1990s. Shifted gears though and didn't do it. Some of me still regrets that.

 

Your co-worker and her performance is not your problem. Nor is it your responsibility. I would not feel one way or another about it. Unless you are specifically put in a supervisory position then I would stay away from anything to do with her.

 

I have followed your other posts too BTW. I wish you the best.

[rester]

Ugh I have mixed feelings on this one.

 

Basically, this year I have vastly outperformed the other salaried attorney in the office. The numbers aren't even close. Recently my boss strongly hinted that the other attorney will not be around much longer and that he wanted "another me" in the office. He straight out asked me if there was another "me" that I would want to bring aboard.

 

How would you respond to this?

I don't see this as being an unusual request. In my opinion, it makes no difference if the boss is asking for a recommendation for a new hire before the position is open, or afterwards. The result is going to be the same. Current attorney is let go, new attorney comes in. The more input in the process you can have, the better off your future work experiences will be.

 

I would casually ask around my close contacts/friends in the business to see if anyone was looking for a job. I wouldn't spread the news very far or wide, but keep it to contacts that are personal friends as well as business associates. People that you would enjoy working with.

 

I feel some loyalty to the other attorney - she is a nice person but objectively speaking, she is not super effective at her job. If we're going to make a change, I guess I'd like to have control, or at least input, over the new hire to ensure a good fit. But how do I approach someone for a position that's not even open yet?

Don't approach everyone you know. Keep it limited to people you would have contact with on a regular basis. Tell them exactly what you told us here. Gauge their interest and be clear it's not an open position yet, but that it might be soon. Your boss is giving you first input on the situation. This is a good thing because coming from a recommendation from you, it means the person will be a better fit than the current other attorney.

 

It feels awkward. Plus, I'd feel disloyal to the other attorney by basically hand selecting her potential replacement.

Sounds like the other attorney is on the way out, regardless of your input/opinion/loyalty to her.

[MightyPen]

Hah! It seems hardly anyone agrees with each other on this one.

 

I guess no one could fault me for looking after my own interests above all others, right?

 

I suppose if he's already made up his mind anyway, then if I have the opportunity to be involved in the selection/interview process, I should probably seize it, since the competency of the new hire would directly affect me (i.e. if it's someone pretty young, I'd need to do some mentoring which would eat into my productivity, but at the same time, it might free up some salary space or allow me to renegotiate my bonus structure).

 

I don't really feel like my boss is doing anything unethical or even "wrong," but I do feel like he's putting me in a tough spot. However, the truth is that I know a LOT more potential candidates than he does (because of my age and background), so I don't really blame him for wanting to use my contacts as a resource.

 

Plus, it is flattering to be asked to find another person like yourself.

[lemoncello]

Why do you feel disloyal to the other attorney, whom you admit isn't doing her job well anyway? When opportunity knocks, always open the door.

 

It's not unethical for you to suggest attorneys whom you like to your boss as replacements, as long as its on the down-low from your about-to-be-replaced coworker. Because if she finds out that you're recommending her replacement, that will really make things awkward for everyone at your office, not just for you.

[preraph]

I don't see a problem with it. You yourself acknowledge she's not working out. If you have such a close personal relationship with her that you simply want no part of it because it would eat at your conscience, then tell the boss that. If you feel there is some reason she isn't performing or that it looks like she isn't but she really is, then tell the boss that.

 

My only concern here would really just be that if you make the wrong choice for who to hire, that this could fall back on you in the future -- and it's not that easy being certain someone is good and will work out and won't backstab you and will be loyal to you and others. So choose carefully and check with their ex-colleages on the same level whose names they don't give you to get the real skinny on them at one of their past employers.

[Popsicle]

Why can't your boss fire her instead?

 

If she was let go first, it'd weight less on your conscience.

 

It's his decision and problem, not yours. I would suggest to him that you could help find someone once the position was vacant.

[TexasMan68]

Do what he asks. Looks at it as a way to get another attorney in the office that will work just as hard as you do. You'll look like a hero and stay on good graces with this guy. Just don't get one better than you or he'll be asking the new guy to find someone just like him so he can fire you.

[MightyPen]

Do what he asks. Looks at it as a way to get another attorney in the office that will work just as hard as you do. You'll look like a hero and stay on good graces with this guy. Just don't get one better than you or he'll be asking the new guy to find someone just like him so he can fire you.

 

I already had this thought! Thankfully, I know a few people who are about 80% as awesome as I am, so that's the sweet spot. Awesome but not TOO awesome.

[MightyPen]

Why can't your boss fire her instead?

 

If she was let go first, it'd weight less on your conscience.

 

It's his decision and problem, not yours. I would suggest to him that you could help find someone once the position was vacant.

 

 

Well Pop, I assume that he will be the one to fire her. I don't have firing authority (at least I don't think I do).

 

But...if he fired her first without a replacement lined up, my life would become a living hell as I try to handle all her files as well as mine, especially around the holidays when EVERYONE wants to get their cases settled. Maybe he's waiting until the first of the year.

[Got it]

I don't see anything you have indicate that you were tasks with the recruiting needs. He asked you if you knew anyone right? Anything more than that?

 

If not don't assume you are expected or desired to be more involved.

 

In regards to finding a replacement prior to terminating, this is not an uncommon practice in general.

 

In regards to ethics, yes in some companies a peer being told confidential information like this would be a policy breaker. In a small office like yours, not uncommon though not the nicest thing he could do. What you can legitimately discuss with him that if he lets go prior to a replacement how does he see the extra workload being handled? You? Him? Outsourced? Contract/temp help?

[Popsicle]

Well Pop, I assume that he will be the one to fire her. I don't have firing authority (at least I don't think I do).

 

But...if he fired her first without a replacement lined up, my life would become a living hell as I try to handle all her files as well as mine, especially around the holidays when EVERYONE wants to get their cases settled. Maybe he's waiting until the first of the year.

 

Okay then, don't worry about it until then.

[Maggie4]

Your boss did not do anything unusual or unethical. Let's be clear, the reason you FEEL there is disloyalty toward the other attorney, is because YOU have this other motive of bringing in a more junior attorney and ending up with more money for yourself.

If you didn't have this agenda, you wouldn't be feeling weird about recommending someone you know for a possible position. Your boss did not put you in an unethical position, you did it by mixing two issues here. Decide what you want and then do it with eyes wide open.

[MightyPen]

Your boss did not do anything unusual or unethical. Let's be clear, the reason you FEEL there is disloyalty toward the other attorney, is because YOU have this other motive of bringing in a more junior attorney and ending up with more money for yourself.

If you didn't have this agenda, you wouldn't be feeling weird about recommending someone you know for a possible position. Your boss did not put you in an unethical position, you did it by mixing two issues here. Decide what you want and then do it with eyes wide open.

 

 

My goodness! I didn't say I was definitely going to do that. I said that was a possibility, but so is bringing someone on board who is 80% as awesome as I am. At this point, I haven't mentioned the situation to ANYONE. My most trusted co-worker (she is my right-hand woman) told me the other day that the other attorney doesn't work/fight hard like I do, so I guess everyone's in agreement.