Thursday, February 21, 2008

On Elections and Such

Election time is very exciting for me. I love politics and hearing a politicians perspectives on things like the economy or the environment. I especially like how their politics evolve, and how everyone says things that mean nothing in the end, and say them so seriously (like "no new taxes"). 

This year is especially interesting to me, seeing as how there is a real chance for the United States to join the rest of the world in electing someone other than white/majority culture's ethnicity men for the top job. Oh the possibilities.

But in thinking about these things, I wanted to get a more historical perspective. I have been voting, allbeit without impact, since I was 6, which was the first election I could vote in. Very exciting, let me tell you. They had little booths for us and everything. By highschool I was in full swing, with a young Democratic party membership and a non-partisan voter drive group that I was extremely active in. I even threatened to sue the city of Dayton, Ohio for voter fraud, but that is another story for another time. 

So, I went to google, the place that tells me everything I need to know about life, love, and people, and asked: who have been US presidents in the past. I found this fantastic list, www.ipl.orf/div/potus/, and it tells you very interesting things about the prior presidents, like who they were married to, where they went to school, how many children they had... the list goes on. It seems like early presidents had a high mortality rate. Not quite sure what was behind that. 

What I found most fascinating: comparing the level of education to party preference. It was rather amazing, actually. For example, it seems that since the 1900's most US presidents who are Republican had more prestigous educational backgrounds (the yalies and Harvard kids were mostly/almost all Republican). Today, it seems everyone who is running for office went some place exceptional. But there have been US presidents who didn't even go to college.  Just a walk down election history lane.

Also, it seems more and more than lawyers are running for political office. 

I didn't really have a point with this one. No lawyerly knowledge to give. Just an "I thought this was interesting" moment. But I do hope you get more into your US history. Oh, and go out and vote. If you can vote, you should vote. Voting allows you to join your voice with people who feel the way that you do, and so you all can be heard.  Representative democracy (the Republic!) at it's finest. 

Sunday, February 10, 2008

Politics in the Workplace: just another big No-No

Friday afternoon, a co-worker/friend comes into my office and announces that a popular televangelist never went to seminary school. What developed was a discussion about religion, and she at one point stated something very true: don't ever talk about politics or religion at work. 

Election season is in full swing, and I have even donated money to my candidate (a huge deal for a money strapped person such as myself). However, no one at work knows this except people with access to my facebook page or people who know me as a friend outside of work and with whom I have offhandedly mentioned my political leanings. And only if they pay close close attention.

I don't think it is a very good idea to mix politics and work. I heard when I arrived at my job that most of the people in my practice group are Republicans. I don't know this for a fact, but I did hear on the grapevine. I am not a die-hard democrat by any stretch of the imagination. And I really wasn't that worried. However, I made sure I never had the opportunity to find out. After hearing stories of associates brought to tears by partner's words, or drunken rages where people blamed the state of the world on democrats/republicans, I knew this was one minefield I should avoid. I am not the most passionate person about all of political issues views; I want a lot less taxes and am ambivalent about healthcare, I am deeply religious and like it when people are, but don't care enough to make them. But I am passionate about other issues, like civil rights and a woman's right to control her reproductive choices. I am not prepared to discuss these issues with someone who has input on whether I get a paycheck. And I would suggest the same for you. 

Two summers ago I worked at a law firm and a young, good hearted summer employee who wasn't an attorney had the misfortune of hearing me discuss the war with another summer associate.  When the war on Iraq was announced, I was in Cuba on a student visa.  I said something to the effect of I was worried I coulnd't get home, and how the current administration is making a mockery of us in the international community, in front of this summer employee.  He went into his office and drafted a firm wide email about how people in the office were not supporting the war and our troops, and how we have a duty given by God and a lot of other gibberish I couldn't read. I knew it was about me when he mentioned Cuba. Evidently he thought I was Cuban and he said some really rude comments about immigration, revealing his ignorance, bias, and bigotry. Even though he was fired, and even though I can trace my family all the way back to a slave boat several centuries ago and a boat from England just as far back, I was still very hurt by the immigration comments.  And the response they received.  After that incident, and a few others, I knew I could never work at that law firm. 

I also had a small taste of the breadth of politics and the workplace in constitutional law class, where I read about public employees who were fired for campaigning in the office (or just outside it), and about a certain public transportation system that got into a lot of trouble for attempting to block a workers union from using their advertising facilities. 

In the workplace, there are so many piles of you know what to step into when you discuss politics. Also, you have no idea what someone believes or who they are. It is very foolish to decide that because someone is a certain race or religion they believe a certain way. I have been surprised more than once at out-of-the office events, when a minority partner says some very un-minority-stereotypical things.  And when a non-minority partner responds with something as un-stereotypical.  I, of course, don't say anything. Politics are personal. 

With the multifaceted issues that workplace politics creates, it is best to avoid politics where you work. Advice from a labor lawyer: don't discuss food, money, politics, or religion in polite company or at work. 

Tuesday, February 5, 2008

There are times when it's best to NOT get a lawyer

As an attorney, I highly advise people to seek out legal experts for the pertinent issues in their lives for most, in fact almost all, situations they may encounter. Do you have considerable/some assets you would like to not see eaten up by the fighting of relatives and probate court? Get a lawyer. Even if you are young, it helps. Would you like to donate your body to science? Your family might not feel that great about the idea; get a lawyer to draft you a document that makes them comply. You want to sue your employer? Get a lawyer, but I advise against it in most situations. I will talk about that later, another "labor law" post (as I am a labor lawyer).

But there are two specific situations in which getting a lawyer should be a last straw: when you are fund raising and amicable child support situations.

Fundraising, for a funds-needing do good organization is a difficult tax-pit-fall ridden, state law maze creating nightmare if you look at it from the legal side. If you are a not-for-profit organization, for example, and your organizational purpose says one thing (like, say, being a student affinity group on campus though I am not quite sure what the purpose would say in this event) and you want to give out donations to the poor, you just may not be able to, that is, if you talk to a lawyer first. Once a lawyer tells you no, and you do it anyway, you are in dangerous territory. But what if the person is homeless and without clothes, and you are an individual of plenty? I say, don't get a lawyer. Sue me. This is not legal advice ;) There, that is my disclaimer.

Now to the child support issue: if you have a no-good man or a cheating and conniving mother of your child, then by all means get a lawyer and get one quick. However, if you two are generally amicable, and you want to ensure you are covered, write up a contract and you both sign it. As long as he or she isn't secretly harboring angry and jealous feelings about that last affair, you should be ok. It is much cheaper, and a much more flexible situation evolves, if the parties do things together. If you are a parent who actually thinks about the well-being of your child, you will realize that children are expensive and needy creatures who require money and your emotional energies. And if you are able to get over yourself and your failed relationship for the better of a human being who needs you desperately (ie be a man or a woman, not a child yourself) you can figure out amongst yourselves that you should split the child care costs, alternate on the clothes purchases, and assist the primary care giver with groceries, general costs like electricity and rent for that extra bedroom, and other general costs. Like healthcare. Kids get sick a lot. But that is if the man and women are prepared to act like adults, and be the parents that the child needs. 

Friday, February 1, 2008

Employment Law Tip 2: Be Self-Aware

Being self-aware is practicing good personal skills. Which means what? Well, read this list, and if you find yourself, change quick. Or now you know why people avoid you, treat you differently, or flat out don't invite you to things.

1. Don't be the office gossip. While this might seem pretty obvious, people still feel the need to talk about others in hushed corners. It is bonding, right? Wrong. Talking bad about someone else makes you look bad too. And, anyone who has half a brain will eventually think that they can't trust you. And there go those valuable workplace friendships. With anyone but the secondary gossip queen.

2. Don't be a spaz. And by a spaz, I mean have a little bit of perspective. If everything is a big deal, then probably nothing is a big deal. Perspective is important. Don't, don't don't say how busy you are when you are only as busy as everyone else. Or as busy as you should be. Because you will look crazy. If you see others accomplishing as much or more than you are, and they seem to be handling it well, find out how, and see if you can duplicate those traits. If you are really busy that is one thing. But be sure, very sure, you are too busy before you go letting everyone know.

3. Don't be fake. Now if you are a spaz, or a gossip, you might think this is what I am advocating. But I really believe that there is a normal, tolerable person somewhere deep down inside. Otherwise, how did you survive the interview? So bring that normal, maybe even slightly likeable person to work with you, and keep the other persona at home.

4. Don't overshare. If you have an STD, no one, and I mean NO ONE at work wants to hear about it. Please, please don't tell them. And, if the event that this person is your best and dearest friend, and knows it, wait until you leave the office or go outside. Someone might overhear, and it would be weird. Very very weird.

5. Be considerate. Don't do something to someone else you would not like done to you. This applies to everything you do. Don't steal credit, steal lunches, or steal money. First off, this will make you look bad because it is a small environment, after all. People will figure you out. If you think you have everything good and no one knows, they do, and you are the one everyone is talking about behind their back. It is work, not the entire planet earth and you have to see these people. Then secondly, it affects the way that people deal with you. My dad says you get more flies with honey. It is true, trust me.

At least number 5 applies to everyone. Being self-aware means seeing what you are doing wrong, and right, and being able to change in a way that improves your environment. And that will definitely help you at work, home, and everywhere in between.

Pain Commercials: are they right?

I don't watch much tv anymore, since the cable people and I got into a fight, but I do watch shows online. And each time, at least with ABC shows, the show is sponsored by a particular company with limited commercial interruption (like only 10 seconds at a time).

Anyway, while watching a show called car poolers (not a great show, but something to watch), my show was sponsored by Aleve. And there was this guy, talking about how aleve allows him to pay softball with his friends. This was not a granddad with athreitis. Not a young working mother with migraines and back aches from lifting multiple small children. Not a man with aches and pains after improperly lifting something far too heavy. This guy was like my age (ie 25-35), spending time in athletic activities with his group of friends. It is something he is proud of. And then he says: I always take Aleve when I play a game, to take away the pain. Pain from what? From exercising?

I didn't think about it at the time, but while driving today to Ohio, I thought about that commercial, and I realized in a moment of clarity that pain medicines have gone too far. Why can't we suffer through the aches and pains that come from working out? Why can't we enjoy that good feeling from working our bodies, the ache that tells us we have stretched our muscles well. It is natural, healthy, and necessary. Pain medicine commercials provide a vision of a pain-free and sanitized life. It goes too far.

But are they right? Are we trying to insulate ourselves from all of life's pain, even the good kind?