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Before it becomes a lawsuit: Why emotional intelligence matters in the workplace

November 2026 employment law letter
Authors: 

Leslie Eason, Barnes & Thornburg LLP

I once settled a case in exchange for an apology.

The parties had spent plenty of time talking about the law, the facts, and the value of the claims. In the end, what mattered most to the employee was hearing someone acknowledge that the situation had been handled poorly.

I’ve thought about that case many times since because it captures something I see often in my practice. Most employers are trying to do the right thing. They want to comply with the law, apply policies consistently, make sound business decisions, and treat employees fairly. Yet even well-intentioned employers can find themselves in disputes that grew out of a conversation, a process, or a decision that simply landed badly.

Lack of emotional intelligence can create unnecessary problems

Employment lawyers naturally focus on the legal questions. Was the decision supported? Was the policy followed? Was the documentation sufficient? Were similarly situated employees treated consistently? Those questions matter. They are also only a small part of what’s happening in the room.

Employees remember how they were treated. They remember whether they were embarrassed in front of coworkers, whether anyone explained what was happening, whether the conversation felt rushed or dismissive, and whether they were given a chance to process a difficult decision with some dignity.

None of this changes the legal standard. It can change everything about what happens next.

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