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Advice Needed
Hello Everyone,
Please forgive me in advance for the long story. I have a tricky situation at hand for which I need some advice. I work as the video editor for an ad agency. It’s a small operation, just my boss, his wife, and I.
At the end of October, we produced a political video for a new political party (of which I am not a member) forming in the state in which I work (not live). I edited the video. In November, my bosses went away on a 2-week vacation. I ran the office while they were away.
While my bosses were gone, I got a phone call from a reporter. He proceeded to ask me some questions about the video that we produced. Looking back on it, I shouldn’t have answered his questions, but unfortunately, I did. He asked me the following 4 questions.
Him – Who wrote the piece?
Me – I don’t have enough information to answer thatHim – Who did the voiceover for the piece?
Me – My boss, Mr. XHim – What did you do for the video?
Me – I shot much of it, and edited all of itHim – Were you paid for your work?
Me – I am a salaried employee, and the video was part of my regular workloadThat was it for questions. I answered only the ones I knew the answers to, and I answered 100% truthfully. Within an hour, a blog entry was made (by this “reporter”) on a local political web site claiming the video (which my bosses gave as an in-kind donation to this new political party) was in violation of state law.
To make a long story short, this new party is in hot water regarding this video now. Apparently, my bosses (who are members of this new party) cannot use a salaried employee to work on a political contribution since the contribution is an in-kind donation. As it turns out, legally, I should have been paid extra on top of my salary for working on this video. The only other legal option would have been if I had agreed to work on it for free as well (which I would never have agreed to since I don’t live in the state in which the party operates). As it stands right now, my bosses would be guilty of coercion.
Now the new party is under investigation. My bosses are trying to think of ways to get around their illegal donation. They cannot say that I worked on the video “in kind”, because I have already been quoted otherwise. As a result, they have asked me to lie if questioning occurs. They want me to say that I was paid an additional $500.00 on top of my salary to work on the video. I will not actually be paid that money; I am just supposed to say that I got it.
Like I said, I never should have answered the reporter’s questions. However, I answered truthfully, and now I’m being asked to lie to cover my bosses’ and the political party’s behinds. This situation raises a number of questions for me.
If questioned, should I lie? Is lying going to get me in trouble for the illegal activity of my bosses and their political party?
Should I ask to be paid the extra compensation I apparently was supposed to have been paid?
Do I need to consult a lawyer now?
Should I continue working for people who are asking me to lie in order to hide illegal activity?
Thanks in advance for your opinions.
Best Regards,
Aaron
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19 Replies
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The answer is very simple, your bosses should admit they made a mistake due to ignorance of the law, and they should pay you retroactively.
However, now that this is posted for all to see, I’d assume that so-called reporter will undoubtedly find this thread straight away, unless you kept your name from him. Oh BTW, that reporter is no reporter, he’s a political investigator, political commentator, political activist, or something, but he’s no reporter or journalist.
David Roth Weiss
Director/Editor/Colorist
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Apple Final Cut Pro, Business & Marketing, Indie Film & Documentary, and Film History & Appreciations forums.
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I agree. Be truthful.
Even before you asked, you already felt bad. Don’t lie for a job. Begin yourself is what gives this life a little sense.
*Always share a link to your site and rate the posts. This is a free service for you and for us.
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First of all…DON’T LIE! You have to take care of #1…you! By telling a fib, you have just put your professional reputation in hot water later on down the road. You know why Tiger Woods is having a harder time with his career right now? It’s because he couldn’t just come out and tell the truth from the get go.
Yeah, it was an oops to talk to the reporter, but it was a bigger no-no for your employer to put you in an illegal situation. Do you think the entire Enron staff knew what was going on? No, and some of the honest team members had a hard time finding a job after that was on their resume.
Politics can be a sticky game that you either have to play well, or don’t play at all. By agreeing to the lie, you agree to play the game.
You and your bosses could try and pull the ad, re-shoot a new one, and pay you for it additionally. While it may cost them up front, it could save them and you from legal fines. And yes, you guys could end up paying heavy fines…them, for sure. You, possibly. Or you might just be out of a job.
Next, before you speak to any more press or go any further, legal advisement would be a good idea. Depending on your state, you might be liable for certain things or not. Ask them because they can sit down with you and get all the details and help figure out a plan.
All I have to say is shame on your bosses for taking that risk (provided they new they where taking that risk) and putting you in a nasty situation. Because even if you get out free from the politics, they may feel that you abandoned them if you refuse to follow through with the lie. To me that is just as bad on their part, but then again they may understand and have no hard feelings…..
…But that’s just my two cents, and since I’m not a lawyer I could be totally wrong. Other cow members might have something else to say that I forgot or didn’t look at right, but what we say here might only be good for you in the sense of developing questions for your lawyer to properly answer.
Good Luck!
Jeff Bonano
http://www.bonanoproductions.com“I want to have a cool quote at the bottom of my signature, just like everyone else on the cow forum!” -Jeff Bonano
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[Aaron Cadieux] “Should I continue working for people who are asking me to lie in order to hide illegal activity? “
I would not want to continue working for any employer who wants to to lie or break any laws.
[Aaron Cadieux] “Do I need to consult a lawyer now? “
Yes I would consult a lawyer. I would ask the lawyer what type of type of legal action you might be able to take on your employer if a separation happens because you refuse to lie for them.
If they terminate you for refusal to lie for them you can at least report them to the Better Business Bureau, and you can also file for unemployment. I do not know how it works in that state but in my state the employer is required to pay the state for that.
For example I was let go from a company once and was told directly that it was because they could not afford to pay me. After filing for unemployment so as to have financial assistance while looking for work, I was informed by unemployment services that my former employer was protesting my claim. My old boss apparently did not know that he would be required to pay the state when one of his former employees files for unemployment. So he told unemployment services that I was let go for performance reasons, and even withheld my last check. I had to go through an unemployment hearing and file a complaint with the state labor offices to get my check. He lost because he had no proof of any bad performance on my part, and was even required to send my last check to the state who would forward it on to me as proof that he actually paid me. So he basically made himself look like a fool to the state, who now had documentation of his shady business practices. Needless to say Im glad I no longer work for the guy.
There are no “technical solutions” to your “artistic problems”.
Don’t let technology get in the way of your creativity! -
[Aaron Cadieux] “If questioned, should I lie? Is lying going to get me in trouble for the illegal activity of my bosses and their political party?”
If you lie to conceal you’re bosses’ mistake, you’re participating in a cover-up. Look up “Watergate”.
[Aaron Cadieux] “Should I ask to be paid the extra compensation I apparently was supposed to have been paid?”
Sure, why not? But that doesn’t change the fact that your bosses broke the law. A fact that would come out in any legal investigation into the making & funding of the video. Offering to pay you months after the fact to cover up the mistake is not the same as paying you for your efforts at the time. That’s merely a cover-up.
[Aaron Cadieux] “Do I need to consult a lawyer now?”
Sounds like you do.
[Aaron Cadieux] “Should I continue working for people who are asking me to lie in order to hide illegal activity?”
Should you work for criminals? What would your mother tell you?
Arnie
Post production is not an afterthought!
https://www.arniepix.com/ -
Man, I thought I had it hard at work.
I bet this new “Political Party” is some sort of tea bagger organisation. It wouldn’t be that new anti-obama political virus video that showed up lately on you-tube would it? If so nice work, despite the message.Id demand the $500, and start looking for a new job. No one wants to work for untrustworthy people.
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Aron, Aron, Aron… (sigh)
You have to learn to stop airing intimate details of your boss’ dirty laundry in open internet forums linked to your real name; you are sticking an icepick into your future career. Googling you looks like the HR version of an ugly rash now. Even if you dropped offline for a year, it will still follow you. I thought you learned your lesson about that the last time you got into hot water about overtime.
Put the keyboard away, forward your phone calls to Bosnia, and just cool out, until you talk to a lawyer.
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Mark,
I see what you’re saying, but in this case I’m more concerned with avoiding getting into legal hot water than I am in making overtime, or keeping my job for that matter. And in this case, I can’t be fired for refusing to lie. If I get denied future work over Cow posts, it certainly isn’t going to be over this one. The subject matter of some of my past posts could definately get me fired/prevent me from getting work, I’ll agree with you there. If an HR person won’t hire me for refusing to lie in a previous job, then that means that their company has also asked employees to lie in the past. But, like I said, I see where your coming from, and respect your opinion. I just know that the people on the Cow have probably dealt with situations similar to what I’m dealing with in this case, and their opinions are greatly appreciated.
Best,
Aaron
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Aaron… I think it may be time for you to seriously consider moving on.
Throughout many posts in the past months/years you have made it very clear that you do not feel rewarded in your job, are not paid what you think you are worth, and have no respect for the people you are working for or how they do business.
I have taken issue with some of your gripes in the past… basically, as an employee you don’t get a vote in how they run the business.
But now… they are asking you to either lie or possibly even criminally commit perjury (depending on who ends up asking the questions).
I don’t think you want to work for them any more.
That being said… it’s a tough economy and jobs are scarce. And it’s always easier to find a new job when you already have one.
I’d start building your reel, pronto… if you already haven’t.
And by the way… I know you’ve learned your lesson about doing something that you shouldn’t have (talking to the reporter), but if any of my employees did that, they would find themselves to be EX-employees so fast it would make their heads spin.
T2
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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com
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[Todd Terry] “And by the way… I know you’ve learned your lesson about doing something that you shouldn’t have (talking to the reporter), but if any of my employees did that, they would find themselves to be EX-employees so fast it would make their heads spin.”
Ditto. One thing all contractors and employees sign here is a Non-Disclosure agreement. That means you do not talk to anyone outside of this company about anything that we do.
There is no “second chance” with this. In the situation described in the original post, which is precisely the type of scenario the non-disclosure is designed to avoid, you would be released from the company immediately.
Walter Biscardi, Jr.
Editor, Colorist, Director, Writer, Consultant, Author.
HD Post and Production
Biscardi Creative Media“Foul Water, Fiery Serpent” now in Post.
Creative Cow Forum Host:
Apple Final Cut Pro, Apple Motion, Apple Color, AJA Kona, Business & Marketing, Maxx Digital.
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