Your Firm Has Died; Now Get Back to Work

The partners of Heller Ehrman have voted to dissolve the 118-year-old law firm, and things are already getting ugly.

The unofficial Web site, "Heller Highwater," has posted an email from the firm's management announcing the plan of liquidation of operations "on or about November 28, 2008. "

"At the time of the shutdown, the employment of the firm's employees will be permanently terminated. Until then, please be informed that the firm has work for you and expects you to report to work," according to the email from "Heller Ehrman Management."

Heller, which has tried to project to the world a kind and gently approach to its sinking, gets down to brass tacks in this email, which, it says "constitutes notice to you pursuant to statute." It continues: "The shutdown is being treated as a plant closing under relevant law."

That law would be the WARN Act, which stands for the Worker Adjustment and Retraining Notification Act.

The email contains one sentence that alarms the Heller "plant workers." It advises them that "employees with accrued but unused vacation time may be scheduled for vacation prior to November 28."

How nice! First, management expects you to show up for work, and then you are forced to take a "vacation!"

The Heller Highwater site points out that the forced vacation will benefit only firm partners, who are "shareholders" in the firm's parlance. It also says that, with $118 million in accounts receivable and less than $50 million in loan debt, there should be "plenty of money to pay" accrued vacation to the Heller Ehrman staff.

"And if management goes beyond "asking" and makes a demand, then please post comments here," the site says.

"There are certain provisions of the California Labor Code which govern how vacation accrual must be paid and whether or not an employee can be mandated to take vacation in lieu of payment upon termination.
So gang, do not go and pack those suitcases for a vacation."

Sounds like everyone is going to need a drink this evening, and, luckily, several San Francisco watering holes have extended their normal happy hours to comply.

Karen Donovan