As professionals find new uses for AI tools, employment attorneys are urging HR professionals to be sure to deliver layoff news with human oversight.\u202f<\/p>\n
Bradford Newman, an attorney with Eversheds Sutherland in Silicon Valley, Calif., said that given the rapid-fire adoption of AI, and how \u201cmost corporations are using AI to prepare drafts of nearly anything,\u201d he expects some companies are already letting programs like ChatGPT help them craft layoff announcements.\u202f<\/p>\n
Newman said that there will \u201cbe some very hard-learned lessons if AI is used incorrectly\u201d given the potential privacy, compliance, and reputational risks that could stem from using AI alone.\u202f<\/p>\n
Toolkit: Using AI for Employment Purposes<\/a><\/p>\n AI+HI in Layoffs<\/p>\n Relying on AI solely in this process would create \u201ca high probability something is going to go in a layoff notice that probably shouldn\u2019t, or isn\u2019t in compliance, which is why you need a human in the chain,\u201d Newman said.\u00a0<\/p>\n AI cannot be trusted alone to keep firms in compliance with the intricate quilt of local and national laws governing employment decisions, or to provide the appropriate level of sensitivity to those impacted, he added.<\/p>\n Toolkit: Conducting Layoffs and Reductions in Force<\/a><\/p>\n While it\u2019s understandable that some leaders might feel compelled to run layoff language past AI, \u201cit should not be responsible for communicating life-changing news,\u201d according to Mary Kathryn King, senior attorney and human resources consultant at Engage PEO in Fort Lauderdale, Fla.\u00a0<\/p>\n Experienced HR professionals should handle that task with sensitivity, as \u201cthere is no substitute for their good judgment, empathy<\/a>, and real-world training when communicating a layoff.\u201d\u202f<\/p>\n Using the technology sloppily \u201ccan turn a short-term setback into a long-term crisis,\u201d according to King, who pointed to the risk of lawsuits, social media backlash, and \u201cwarnings to others to avoid the company.\u201d\u202f<\/p>\n \u201cIt\u2019s natural to struggle to find the right words when sharing a layoff decision,\u201d King said. But one of the biggest risks of AI is that \u201cits first priority is to make you happy, not to make you compliant,\u201d she said, adding that, \u201cin its eagerness to please, AI may use language that causes problems later.\u201d<\/p>\n For example, to soften the blow of a lost role, AI might include commonly used language stating \u201cthat the decision has nothing to do with performance, when this is not correct,\u201d she explained. \u201cIf an employee later challenges a layoff decision, inconsistent messaging generated by AI can weaken an employer\u2019s position in court.\u201d<\/p>\n AI can assist with brainstorming or early drafts, King acknowledged, but it\u2019s not advisable to outsource the entire \u201chigh-stakes\u201d communication when \u201cthe wrong words can place your company in the spotlight for all the wrong reasons.\u201d\u202f<\/p>\n How the News Is Delivered Matters Greatly<\/p>\n When it comes to delivering layoff decisions, research suggests how the news is delivered matters greatly<\/a> \u2014 not only for those on the receiving end, but also for consumers and other stakeholders.<\/p>\n