Independent contractor made deepfake videos of coworkers — leadership laughed about it. How should I handle this as a supervising attorney?
Posting from a throwaway for obvious reasons.
I’m a supervising collections attorney for a small finance company. One of our independent contractors (though functionally he’s a full-time employee, meaning regular hours, commission-based, part of the daily team) recently created deepfake videos of coworkers.
One video showed a male and female coworker making out using their real faces. He also made other similar videos of additional employees. He then shared them at a team dinner that took place out of state, and our principal laughed and treated it like an ongoing inside joke. It later came out that the principal had already seen the videos before and thought they were funny.
The employees who were depicted were clearly uncomfortable and upset. None of them consented to being in those videos or even knew they existed until that dinner. They both came to me about the incident - I heard them out however when they began asking legal questions I directed them to get independent counsel and not to discuss anything with me.
For context:
The company is domiciled in Florida The incident happened out of state (during a work event)
The employees involved work from our New York office. I’m their supervising attorney, and both of them directly reports to me
I’m not HR, but I am technically part of management and an attorney — and I know enough to realize this is a very serious issue. It’s sexual in nature, involved leadership participation, and seems like it could easily rise to the level of harassment or misconduct.
My questions for HR professionals: What’s the appropriate next step when leadership themselves are aware of and condoning behavior like this?
Is there a way to escalate or report something like this safely, either internally or externally, without immediate retaliation?
Given my position (supervising attorney but not HR), am I obligated to take specific action to protect the employees or report what happened?
I’ve documented what I saw and what was said, but I’m not sure what the most responsible next move is when the people I would normally report this to were part of the problem.
Any practical advice or insights from HR or management folks would be really appreciated.
Jobadvisor
This is a complex and serious situation with multiple layers, including potential legal ramifications, ethical obligations, and significant HR challenges. While I cannot provide legal advice, I can offer practical insights from an HR and management perspective.
Understanding the Core Issues:
Sexual Harassment/Hostile Work Environment: The creation and distribution of sexually suggestive deepfake videos of employees without their consent, especially with leadership's knowledge and apparent endorsement, creates a clear potential for a hostile work environment. This behavior is sexual in nature and has caused distress to the employees involved.
Lack of Consent/Privacy Violations: The videos were made and shared without consent, violating the employees' privacy and potentially their right to control their own image.
Leadership Misconduct: The principal's involvement (having seen the videos, laughing, treating it as a joke) is a critical failure of leadership. It demonstrates a lack of judgment, endorses inappropriate behavior, and undermines any trust employees might have in the company's commitment to a respectful workplace.
Independent Contractor vs. Employee Status: While legally an "independent contractor," your description suggests this individual functions as an employee. This distinction can be blurry in legal terms, and if deemed an employee, the company's responsibilities for their actions and towards the affected employees would be even clearer.
Your Role and Ethical Obligations: As a supervising attorney and part of management, you have a professional and ethical obligation to address misconduct, especially when it involves harassment and potential legal liability for the company. You're in a very difficult position given leadership's involvement.
Appropriate Next Steps When Leadership is Condoning the Behavior:
This is the most challenging aspect. Standard HR protocol would be to report to HR or upper management. Since they are implicated, you need a different approach.
Prioritize Documentation: Continue to meticulously document everything:
Dates, times, and locations of incidents.
Specific descriptions of the videos and what was said.
Who was present and their reactions.
Your conversations with the affected employees (reiterate that you've advised them to seek independent counsel).
Any communications you have regarding this issue.
Seek Independent Legal Counsel (for yourself): Given your unique position as an attorney within the company, and the potential for severe legal repercussions for the company and potentially yourself, you should strongly consider consulting with an independent attorney who specializes in employment law or professional responsibility. They can advise you on your specific ethical and legal obligations as an attorney in this situation, including reporting requirements. This is distinct from advising the affected employees.
Identify Potential Internal Avenues (if any exist):
Board of Directors/Owners (if different from the principal): If the principal is not the sole owner or if there is a board, this might be an avenue to escalate.
Ethics Hotline/Whistleblower Policy: Does the company have any kind of anonymous reporting mechanism or ethics hotline that goes outside the immediate management structure? Even if leadership is aware, there might be a confidential way to report it.
HR Head (if not involved): If there's an HR director or VP who wasn't at that dinner or wasn't part of the "joke," they might be an avenue, but proceed with extreme caution as their loyalty might be to the principal.
Consider External Reporting (with caution):
EEOC (Equal Employment Opportunity Commission): The affected employees could file a charge of discrimination with the EEOC. While you can't advise them on this, it's a known avenue for sexual harassment claims.
State Labor Departments: New York (where employees work) and Florida (company domicile) likely have their own labor departments that handle workplace complaints.
Professional Bar Association: As an attorney, you may have reporting obligations to your state's bar association if you witness serious ethical misconduct by other attorneys or within your organization that impacts your professional responsibilities. This is where your own independent legal counsel would be critical.
Escalating Safely and Avoiding Retaliation:
Strength in Numbers (for the affected employees): If the affected employees are willing to formally complain together, it can sometimes carry more weight and make retaliation harder. However, they need independent counsel to guide them.
Focus on Company Risk: When you approach anyone internally, frame the issue not just as "bad behavior" but as a severe legal and financial risk to the company. Emphasize potential lawsuits, reputational damage, and regulatory penalties. This might get the attention of those who otherwise condone the behavior.
Anonymous Reporting (if available): If there's a truly independent and anonymous reporting system, use it.
Legal Protection: If you decide to act as a whistleblower, understand the protections available under relevant state and federal laws (e.g., Dodd-Frank, Sarbanes-Oxley, various state whistleblower acts). Again, your own independent counsel is crucial here.
Your Obligation as a Supervising Attorney and Manager:
Ethical Obligation to the Company: As an attorney employed by the company (even if supervising collections), you have an ethical duty to act in the best interest of the client (the company). This usually means preventing legal exposure. The current situation is creating immense legal exposure.
Duty to Report (Internal/External): This is where it gets tricky. If you believe the principal's actions are illegal or constitute a serious breach of fiduciary duty, and you cannot get them to act, your ethical rules might dictate that you escalate further, even outside the company, or resign. The specific rules vary by state bar.
No Direct HR Role: You are correct that you are not HR. Your primary obligation is not to conduct an HR investigation or provide employee relations guidance. Your obligation is to identify legal risks to the company and advise on mitigation, and to act ethically as an attorney.
Document Your Advice to Employees: You did correctly by advising the employees to seek independent counsel and not discuss legal matters with you. Continue to adhere to this.
Consider Your Own Professional License: Failure to act in a situation like this, especially if it leads to significant legal consequences for the company that you, as an attorney, could have prevented or reported, could potentially impact your own professional standing.
Practical Advice:
Do NOT engage the principal directly about their "humor" or "appropriateness" of the videos. Frame any discussion with leadership (if you choose to have one) solely around the legal liability and risk to the company.
Avoid becoming the "confidante" for the affected employees regarding their legal options. You've already done the right thing by directing them to independent counsel. Maintain that boundary.
Prepare for Potential Fallout: If you escalate this, especially externally or to a higher internal authority over the principal, be prepared for potential retaliation or a difficult work environment. This reinforces the need for your own independent legal counsel.
Consider Your "Walk-Away" Plan: If the situation is not adequately addressed, or if you face retaliation, you may need to consider if you can ethically and professionally continue your employment with the company.
This is an extremely challenging situation. Your immediate priority should be to protect yourself by seeking independent legal advice regarding your own professional obligations and potential liabilities, while continuing to meticulously document everything.
My wife has no goals or ambitions when it comes to careers, but recognizes she needs a job to bring in income.
My wife has only had entry level customer service work her entire life, and has never tried to get a solid career. She also mentioned that she just doesn’t have a drive to be a worker, but wishes she could focus more on artistic things and hobby-centered activities. But she also recognizes her need to have a job to be able to accomplish our family goals. She is pretty directionless when it comes to careers that she can realistically get. Any advice on which career path that would either fill up her creative cup or just a job that isn’t soul sucking that she can make a decent amount while being able to do the things she wants to do in her free time. Her bar is reasonable, she is looking for something between $23-$25/hr at a 3/4 or full time. She is primarily focused on reception jobs but again, that would be just a job to her and not something long term. Any advice would be appreciated!
Jobadvisor
It's great that your wife is recognizing her need for a job while also wanting to prioritize her creative pursuits and hobbies! Finding that balance is key. Let's explore some options that might align with her desire for a non-soul-sucking job, decent pay, and more time for what she loves.
Here are a few career paths and job types that could fit her criteria:
1. Careers that Blend Creativity and Practicality (or allow for creative outlets):
Graphic Design (Entry-Level/Freelance): While it might require some initial training or self-study, many online courses and bootcamps can teach the fundamentals. She could start with freelance work or look for entry-level positions. This directly taps into artistic inclinations. Pay can vary, but with experience, $23-25/hr is achievable, especially in a part-time or flexible role.
Social Media Coordinator/Assistant: Many businesses need help managing their social media. This often involves creating engaging content, which can be a creative outlet. It's often remote or hybrid, offering flexibility.
UX/UI Design Assistant: User Experience (UX) and User Interface (UI) design focuses on how people interact with websites and apps. It's a blend of creativity, problem-solving, and a good salary potential. Entry-level positions might be available, or she could pursue a bootcamp.
Virtual Assistant (Specializing in Creative Tasks): She could offer services like creating presentations, designing simple graphics, or managing content for clients. This offers immense flexibility and can be tailored to her interests.
Crafts/Artisan Sales (Online/Markets): While this might be more entrepreneurial, if her artistic hobbies could generate income (e.g., selling handmade jewelry, art prints, custom crafts), she could combine this with a less demanding part-time job.
2. Jobs that Offer Good Work-Life Balance and Decent Pay (Less Soul-Sucking):
Medical Receptionist/Office Assistant in a smaller, specialized clinic: While she's looked at reception, a smaller, niche office (like a therapist's office, a specific medical specialist, or a non-profit) can often have a more pleasant atmosphere, less chaos, and potentially better work-life balance than a large corporate front desk.
Administrative Assistant (Part-Time/Remote): Many companies, especially smaller ones or startups, need administrative support. These roles can be less customer-facing and more focused on organizing, scheduling, and general office tasks. Remote options offer significant flexibility.
Bookkeeping/Accounting Assistant: If she has an aptitude for organization and numbers, a basic bookkeeping certificate can open doors to roles that are often structured, sometimes remote, and can pay well.
School Secretary/Office Staff: Working in a school environment often aligns with school hours, giving her summers and holidays off, which could be perfect for pursuing hobbies. The pay might be slightly lower initially but can increase with experience.
Library Assistant: Often a quieter, more service-oriented role that can be very fulfilling for someone who enjoys organizing and helping people in a calm environment.
Data Entry/Processing Specialist: Many companies need people to accurately enter and process data. These roles can sometimes be remote and are often straightforward, allowing for mental space outside of work.
Tips for Her Job Search:
Identify Transferable Skills: Even from customer service, she has strong communication, problem-solving, organization, and potentially tech skills. These are valuable in almost any role.
Explore Online Courses/Certificates: Many of the creative and administrative roles mentioned above can be accessed with relatively short online courses or certifications (e.g., Google Career Certificates, Coursera, Udemy). These can make her a much stronger candidate.
Part-Time/3/4 Time is Key: Actively seek out positions that are explicitly advertised as part-time or flexible. This will be crucial for maintaining her desired work-life balance.
Consider Remote Work: Remote opportunities often provide more autonomy and cut down on commute time, freeing up more hours for hobbies.
Networking: Even informal conversations with people in different fields can provide insights and lead to opportunities.
"A Job to Live, Not Live to Work": Help her frame her job search around this philosophy. The goal isn't necessarily a "dream career" but a functional, reasonably pleasant way to earn income that supports her true passions.
Let's brainstorm a bit more specifically. If she were to explore one of these ideas, which one sounds most appealing to her, even if just a little?
For example, would she prefer:
Something more directly creative (like simple graphic design)?
Something more organized and administrative (like an office assistant or bookkeeping)?
Something with specific hours that allow for a clear distinction between work and hobby time (like a school job)?
Knowing her initial leanings will help narrow down the suggestions!