From the November 2010 issue of InsideCounsel Magazine • Subscribe!

Monitoring Employee Behavior at All Levels

I was driving in my car a few weeks ago with my 16-year-old niece, who had recently started her first job at a popular fast-food chain. I asked her how she likes it, and she enthusiastically said she loves it. Then I asked her how much she works, and she told me usually her shifts weren't longer than eight hours, but she has worked longer a few times--even more than 40 hours a week once. It was summer, she wasn't in school or sports, so I congratulated her on landing the overtime pay. "They didn't pay me overtime," she said. "They told me they would on the days they asked me to stay, but when my check came, it wasn't there." When she asked her manager about it, he shrugged it off. She didn't push the issue--she likes her job and wasn't interested in making trouble.

Last week, while traveling, I was listening to an episode of Public Radio International's "This American Life" called "Crybabies." The show was about people who have had to kick and scream to get their way. One of the segments was about several disabled people in California who sue businesses to comply with Americans with Disabilities Act codes. Some of the show's guests were proud of their accomplishments in suing these companies--one even raked in six figures over the past few years in settlement money from his suits. But one woman, a lawyer herself, was too ashamed to file a lawsuit, in this case, against her hair salon over a parking space, saying she didn't want to be labeled the "bad disabled person" who was causing trouble.

Today, I opened the New York Times and read an article called "At Flagging Tribune, Tales of a Bankrupt Culture," which detailed the appalling sexual harassment and debauchery that allegedly took place at the executive level within the media company since 2008.

Although each of these examples has a different degree of severity, I was surprised when I learned about all of them. Every day, I see and hear about in-house counsel who are always doing the right things, and keeping their companies on the straight and narrow. Still, each of these stories surprised--in fact, shocked--me. They underscore the importance of in-house attorneys' responsibilities to their clients.

If you haven't lately, take a closer look at what's going on in the lower levels of your companies. If you have, keep up the great work.

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


Bring the Benefits of Decision Tree Analysis to Your Everyday...

In this on-demand webinar, learn how to counter the challenges of litigation with predictive analytics...

13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

Reducing the Costs of eDiscovery from Collection to Court!

Predictive coding is only one of many ways organizations can make eDiscovery faster, cheaper and...

Discovery Shifts to the Cloud

Adoption of Cloud computing continues to gain momentum. How can IT and Legal Teams avoid...

Lower Your Total Cost of Ownership

With the deployment of Proofpoint Enterprise Archive, organizations have realized significant cost savings in automating...

View All »

Advertisement. Closing in 15 seconds.