Janice P. Brown 

It is exciting to be an employment lawyer these days, according to Janice Brown. “I think it’s just a fascinating time because there’s so much volatility,” she said. “The workplace is volatile because there’s so much change” in society, especially out of the pandemic.

Beyond important issues such as affirmative action and DEI, she said, there are other fundamental changes taking place. Specifically, employees’ attitudes toward work have shifted. Younger workers especially “have different perspectives of what their leaders should be, and they hold leaders … to a high standard,” Brown said. Not that long ago, employees “didn’t think their bosses were going to be their friend or their mentor or their coach.”

“Looking at it from the perspective of employers — that’s my job — I see that the workplace volatility makes it more difficult to manage,” she said. “The goals and objectives are different depending on the demographics of the [employees].”

As a result, employment attorneys need improved skills in investigations, counseling and even public relations. “Now it takes more emotional intelligence. It takes more coaching skills, it takes more management training skills.”

Another change in the employment arena is “we have more demographics in the workplace than we’ve ever had before,” such as gender, Brown said. Also, “as my young colleagues say, you boomers never leave.”

One aspect of Brown’s practice addresses some of these issues. She is considered something of an expert in drafting and revising personnel policies, employee handbooks and employment and severance agreements. After more than 35 years in the field, she now leaves that work to juniors. But she keeps a close eye on them, she said.

“A lot of people poo-poo the employment-policy process. I do not,” she said. “I think that it’s really important not just to have [a written policy] but to teach it.” To that end, Brown encourages young lawyers “to get out there and train other employees.”

On the litigation side of her practice, she and a colleague won a solid defense verdict late last fall after seven years of litigation and 10 days of trial. The plaintiff sought $2.8 million plus punitive damages for alleged age discrimination, retaliation and other claims. The judge rejected all the claims. Horner v. Leone, 37-2015-00021309 (S.D. Super. Ct., filed June 25, 2015).

The plaintiff contended that he was constructively terminated because of his age, among other claims. Defense witnesses testified that he had years of poor performance and had actually accepted a new job for more pay before he resigned.

“We did not want to give that case up,” Brown said about fighting the lawsuit for seven years.

She also is not giving up her practice. “I still really like my job. I’m one of those boomers that doesn’t ever want to leave.”

— Don DeBenedictis