Managing Employees in an AI Driven World

As many of you may recall, I started off my last piece on this issue in November 2025 by asking ChatGPT to answer the question – how is AI impacting the workplace?  I didn’t ask it that same question today, but I suspect it would give me a similar but slightly different answer. 

That’s because ChatGPT, along with all the other LLMs (Large Language Models), are learning and evolving, just as we are learning to adapt to its influence.   Seven months ago, I would ask people if they were using AI in their daily lives.  Now, I ask them HOW they are using it.  Seven months ago, I had never used AI in my work life, and today, I am.  And I am using it far less than many of my colleagues. 

Incorporating AI into the legal practice has certain specific nuances, including ethical ones.   Our legal news has publicized several cases of lawyers, some from large firms, being hit with sanctions for producing legal briefs that rely on hallucinated cases, even using the AI platforms specifically created for law firms.    Kirkland & Ellis, my son’s former firm, has just announced it is spending many millions on the development of its own proprietary AI platform.   Most law firms have scrambled to adopt comprehensive policies addressing the use of AI by lawyers and support staff in our work product. 

But that’s just my industry. 

How AI is influencing your workspace depends a lot on your industry.   It has obvious implications in the financial services and tech communities, but even in industries that rely on physical labor, such as construction, trucking, manufacturing, AI has entered the chat. 

I am borrowing the same headings I used in my last article, to draw a comparison about where we were in November 2025, compared to June 2026.  And for the record, these are MY headings.  I don’t generally use AI to write for me.  You all know me too well by now.

Using AI as a tool in HR matters – This is such a large fear by our state governments, that numerous states, including California, have passed legislation impacting the abilities of employers to use AI in hiring and assessment.   To date, I have not seen this technology impact HR practices for most of my clients, at least in this manner.  It may be in the Fortune 500 world, but that’s not most of you.

Where I HAVE seen AI in the HR world is when you all use AI to draft policies, memos, or written communications to specific employees or the workplace in general.  Using AI as a starting point can be very helpful.  Do remember that AI can be long winded and repetitive, and you may want to change your prompts or just edit your first results.   Also, still make sure you run these drafts by counsel, like me, in the same manner you historically have done.    These AI models, even the legal based ones, are often just flat out wrong in their advice or approach.   I expound on this issue, below.

Use of AI by employees in their job functions – We absolutely have seen the introduction of formal workplace AI tools and models to assist employees in the performance of their job functions, case in point, my discussion about law firms.  We did draft a sample policy this year as a default, but I also assume that depending on your industry and organization, many of you have instituted much more robust protocols.  Some of you have used AI to help create this policies.

It’s crucial to develop policies regarding your company sanctioned AI tools and address the use of those platforms that are NOT sanctioned or permitted for employees to use in their job duties.   Then, train your workforce accordingly.    It will be tricky to hold employees accountable for straying outside the lines, as these lines are changing in real time.    The fluidity will require organizations to constantly reassess and address these issues.

Use of AI by employees to draft or lodge workplace complaints – This is where I am seeing the most impact in the workplace.

I have addressed this phenomenon in prior articles, but as many of you have experienced, our employees are way down the road on their use of AI.   Most are using it not only to help them communicate their concerns, but as an opinion as to their options.  Many people these days use AI as their trusted advisor, and it will and does influence actions and behavior.

The key fact to remember about AI– it’s built to please.    These AI platforms learn by engagement, and they achieve more engagement by validating the conduct of their users.   Remember, no one is the villain of their own story, and AI writes a very compelling story, making its user the hero or the victim.  Every time.  Employees no longer need to bend the ear of their partners, their family members, their friends.  Those folks may tell your employees they are in the wrong and advise a different course.  ChatGPT, Claude, Grok – they won’t do this.   And employees desperately want to hear that they are right and you are wrong.

Because of this, we have started to see a trend in employee behavior.  They want to communicate in writing.  They want meetings recorded.  They don’t want to respond to you about workplace issues in real time, or if they do, they may even retreat and retract a previous position, responding to the contrary with the assistance of their AI advisor. 

THIS is the biggest impact AI is having on workplace behavior.   And we are seeing a resulting trend away from accountability.

So, what do we, in the HR world, do?  Well, as AI is doing with us, we have to learn and adjust.

First, learn to recognize AI drafted employee communication.  It is often long, redundant, and will usually contain many headings and bullet points.   Recognize the inherent bias to validate the user.  But also remember, that may not make the communication completely inaccurate.   Just consider that AI may be influencing employee responses and behavior.

Don’t be tempted to go down their rabbit holes on all the laborious points raised.  Trust me, we get letters like this drafted by opposing counsel these days.  Frame your own narrative in drafting a response.   But yes, RESPOND IN WRITING.   I have always emphasized the need to document our own files, even back in the stone ages.  But it’s more important in this AI driven era.

Lean into the use of AI as an employer – as a TOOL.   As we know by now, AI is here to stay.  But use it as a tool – it should not replace critical thinking or writing skills. 

Finally, don’t replace real legal advice with AI chats.   Don’t do what many of our employees do – use AI to provide legal advice.   Some of you have already gotten burned on this.  All these models are often wrong or, as I said, trying to validate what you want to do.   Please, you all have access to a competent lawyer.  Use your resources.   Besides, communication with AI is NOT privileged and is subject to discovery and subpoena. 

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