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Rising Star
this is a dumb question and the animating thought process is why people hate lawyers.
Pro
OP, assuming for a minute that expense reductions are necessary, would you prefer that some people be fired so others can retain their full pay? I’m not judging at this point; I just want to understand your meaning.
Pro
Got it. I think the contrary view is basically that if someone wouldn’t have gotten fired but for the pandemic it’s unfair to tar them with the label poor performer when they weren’t responsible for the circumstances that resulted in their lay-off. I get that and actually agree with the anti stealth lay-off philosophy. But I also understand your logic and think that in many industries it would prevail.
Pro
Remember that in many important respects “big law” is not a monolith. Firms have individual cultures and values. It’s likely that some firms are already conducting stealth layoffs and telling people “we aren’t laying people off” and “we are letting people go only for performance reasons,” while simultaneously firing people who wouldn’t be fired in better economic circumstances. Other firms just don’t this that’s right. In fact we are NOT firing people who probably WOULD be fired in economic circumstances, because we don’t want to pile misery on them. It’s a values that’s that isn’t unique to us but is important to the firm’s identity. So, you have to look at stuff like this firm by firm.
Pro
Only a little. You wouldn’t want to work for a firm that will send you out the door whenever your group has a dip in revenue. Also, it’s a firm - shared name, shared resources. You’re profiting at least in part due to all those other practice groups being there too.
Of course I prefer “minor” comp cut over fearing potential job loss - I’m an associate and human being after all.
But as an organization, you might also want to weed out talent instead of “subsidizing” less performing talents and teams. Not taking that “opportunity” in an industry that is otherwise also slow in showing you the door on this career level just strikes me as odd.