Monday, February 23, 2009

Regrets

I've been asked a few times whether I regret having sent my Paul Hastings email, most recently for this article in the LA Times. I think I would have left quietly if the firm had simply laid me off - or if even one of the partners had the decency to be straight with me, even on a confidential basis. The economy is bad and I am certainly not exceptional for having been let go. What I found offensive was that a company -- an established employment law firm -- would abuse its power as the employer to manipulate my performance review to protect its own reputation at my expense.

Just a week before my review, I had a one-on-one conversation with the head of my department. I had been worried about my low hours. I had talked to him repeatedly throughout the year, asking for more work and asking what I should be doing differently. Always, his response had been, "It is my job to find you work, and I am working on that." During my one-on-one, I raised my concern again that my hours were low. He assured me that my work was "great" and that everyone loved working with me. I thanked him for his assurances and said, "Thanks so much for telling me. We all have our moments of insecurity, you know..." He then responded, "I know, Shinyung, and that is why I want to get it through your head. You are a great attorney. It's not because of your work." When I asked what he thought was the problem, he explained that the economy was bad, the firm was raising its billable rates to a level where it was pricing itself out of its current market, and the firm was attempting to get a foothold in the elite upper tier.

A week after that conversation, I had my review with the same partner and another partner TC. When I walked into my review, they did not make eye contact with me. When I read my review, I was shocked by the downgrading in all but one of the categories. When I asked what had happened between my prior review and the current, TC blathered that he could not explain it, that he had nothing to do with the prior year's review (although he had headed the case for which I received great ratings), and it was possible that my prior review had been "over-inflated." The head partner, who had told me how great my work was a week earlier, said, "You need to think about your future here."

The situation was surreal. When your boss tells you one thing one week and says the complete opposite a week later, you wonder if you know nothing about human nature. Law firms are often afraid to admit that they are suffering economically -- because they are trying to attract other rain-making partners with big books of business. And no partner with a big book of business would join a firm that appears to be hemorrhaging. To protect its own reputation and to avoid any possible appearance of a decline in business, the firm tarnished my performance review to create a public excuse for my termination.

So, yes, when I wrote my email, I was emotional. But I also thought what they did was wrong. I'm no longer emotional, but I still think what they did was wrong.

When a bully is about to stomp you with its giant foot, the least you can do is try to take a bite out of its pinky toe.

28 comments:

  1. Good for you for having the cojones to send that email. I hope you don't regret it as what you did was courageous and honest--and those partners know it. Cowards! I'm a former lawyer turned writer too. You will be so much happier writing. All the best to you and your growing family.

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  2. I've worked in law firms for the last 7 years, and have absolutely no trouble believeing that what happened to you did happen - and happens all the time. Lawyers are lousy managers. In my first firm, which I left due to utter misery, I heard constantly, and then heard again vehemently at my review, "you are different." At the review it was "you are different and this firm can't handle anything different."

    Yes, I am different. I am not a male attorney with a stay at home wife who attends the same Reform Temple as that firm's management. Boy, is that every terrifyingly different! Scary and freaky!!!

    ...Morons...

    You have brass ones, sister. Don't look back.

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  3. One thing that occurred to me when I read your farewell email last year, and again when I reread it just now - how long do you think PH should have waited after your miscarriage to lay you off? I ask this with absolute sincerity - I'm really curious (and if that's too personal I completely understand). Assuming the rest of the process would have been the same (i.e. same reasons given, same duplicity in the weeks before your review), how long should they have waited to give you the news that you were being laid off?

    Obviously, I can only arm-chair quarterback this one, but a part of me feels like I would be really insulted if a firm made the decision to fire me but went along as though nothing was wrong for [insert period of time here] because they knew I had just had a miscarriage. I think I would be tempted to feel like they were being overly paternal in deciding for me what I could and couldn't handle.

    But who knows - if I were actually there, I might feel completely different. And I can see how it might be impossible to distill the different pieces of what PH did wrong; it's not as if the timing were the only cruddy thing here, so I don't think there's some "ah yes, if only they had waited 4 weeks this would have been all peachy" answer out there.

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  4. Just as you say, Shinyung, it's doubtful that firms, or partners at firms, will change the way they handle such situations. But even if their actions don't change, perhaps your highly-circulated email will cause the interpretation of their actions to shift from being credible to just another PR maneuver. This particular PR maneuver wherein the laid off/dismissed associate's performance gets a last-minute makeover from stellar-level to cellar-level shall henceforth be known as "pulling a Paul Hastings".
    So the next time you hear about someone being let go because of a poor performance review which took the associate completely by surprise, just nod your head and say, "Yep, they pulled a Paul Hastings on him."
    Or, you can view it as a career goal: "Another little perk that comes with making partner: I get to Paul Hastings that third year associate who posted those pics of me on facebook."

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  5. I stumbled upon your now famous email and blog only within the past five minutes. It's not easy to deal with an intensely personal issue while confronting lawyers who treat "ethics" as a client who can't pay.

    You have nothing to be ashamed of, as Helena said. Walk on with your head held high. The whole world is out there waiting for you.

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  6. Law firms can be trusted. Truly. I am also an attorney, and have performed above average in all the firms in which I have worked. At firm A, after positive feedback, I asked when I would be getting a raise (b/c the pay was sooo under market), and within days, I was told that I was "in trouble" because of my work.

    In firm B, most recently, I had glowing reviews all along, and then got laid off with an hour's time to pack up my boxes. I had just come back from maternity leave, was still breastfeeding an infant, and felt completely betrayed. I, too, would have felt differently had they been more "humane" about it - perhaps if they had given me a weeks' notice.

    You should be proud of what you did, Shinyung! Standing up for oneself has many consequences in this world, perhaps not positive ones at time, but you will always have your dignity.

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  7. there's no reason to regret it. you did a great job showing those assholes what you're made of.

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  8. You are not the first Asian woman to be fired by PHJW shortly after a miscarriage. I cannot reveal the identity of the other unfortunate soul, but I can point you in the right direction if it would help any legal action you may have.

    brtessler @ gmail.com

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  9. You were really brave to tell PH what you thought about their bogus actions and to turn away all that severance money. I've also miscarried, so I understand the emotional trauma you were going through, but still, I don't think I ever could have done what you did. So on behalf of all of us silent cowards, THANK YOU for standing up for yourself and finding your voice! I think you have a wonderful future ahead of you.

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  10. You kick all ass! <3 <3 <3

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  11. Hi Shinyung, I'm a management consultant, but I know the same issues exist in our industry. Ethics are often tied to billability. People often cave their ethics when under duress to make the numbers. What have I learned after 10 years in the industry? To search for emotionally functional requirements and to notice the "red" flags. I tried to work with the system and reform it but I realize that there are always young associates that are willing to deal with the dysfunction. In my case, I ended up going from big firms to a small female owned boutique firm. Here I have the best of many worlds but it took me a while to get here.

    Luckily if you have a decent education and an MBA or Law Degree, you have options. And if you have talent and passion in writing that is even better!


    Blessings to you.

    Alice

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  12. I'm watching you on the Today Show now! Great job!

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  13. Congratulations to you for holding PH accountable to the truth. I too am an attorney and am flabbergasted on a weekly basis by the lack of basic human decency by upper level management.

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  14. Hi Shinyung, I think you are very brave, both in your personal life and professionally! Why should we have to censor what we are feeling and why can't we tell people how they hurt us or as in your employers case--clotheslined you!! I am all for telling it like it is and not flowering my speech to make it sound better than it is--your employers lied to you and then pulled the rug out!! On another level, I have been through a miscarriage and it broke my heart. Then I went through 8 years of no pregnancies, tests, stress, unsupportive bosses, and ...I was blessed and I have 3 beautiful children. Just know your are supported and there are those of us that do appreciate you speaking out. You have to do and say what is right for you and your life! I can't wait to read your book!

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  15. I just saw you on The Today Show and you were awesome. The ethics are terrible everywhere and have been for quite some time. When I had my first child, the internet company I worked for was trying to fire me upon return from maternity leave. While I didn't write an email at the time, I did blog about it 10 years later and my post was read by thousands. Companies should think long and hard before crossing those ethical boundaries. Memories are long and the internet is a perfect medium for bringing these things to light.

    You did a great job on TV!

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  16. Shinyung,
    You are right on. I just saw you on the Today Show and googled your name to find your blog. You are the far more credible "witness" in this case. Best wishes in your future pursuits!

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  17. Just saw you on Today. I regret I caught the segment late but it was still very cool to see you! Hope things are going well.

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  18. Nice to see that you were brave enough to stick up for yourself even while the economy and employment situation is so bad for so many.

    Most women are afraid to do this most of the time because we are frequently expected to be so nice and grateful.

    Good Luck to you.

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  19. Go girl!! Why should we stay quiet as American businesses fail to "convey some level of humanity to carry out even the most difficult business decisions" (to quote your email)? Maybe it's naive to ask that people be nice, especially in tough economic times, but it's also courageous.

    "Opportunities to find deeper powers within ourselves come when life seems most challenging.” -- Joseph Campbell

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  20. Shinyung, I saw you this morning and felt such relief- I am an interior architect who tried to address a hostile work situation with my boss. I loved my work and clients but the toll his illegal actions were taking on me personally were unbearable. Within a month of my discussion with him I was fired under bogus charges. After the dust subsided I consulted 2 lawyers and was told I could have owned the firm if I had not signed a severence agreement. I left shocked and quietly. At the time I had no idea the severity of the economy and his actions have had immense impact on my life. As an attorney I wish you could make people more aware that they are signing their lives away when they sign these agreements. I feel I was doubly abused. Thank you for your boldness, there has to be a way to curb these actions against honest hardworking people.

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  21. I saw you on the TODAY show this morning and I had to find you on-line to read the entire e-mail.

    I am a paralegal in the greater Los Angeles area and countless times I have seen this sort of behavior. We all know the economy is horrible right now but as you said, I think had the partners just been honest with you and let you know why they were laying you off instead of pointing the blame at you, you would have most likely understood that times are tough and it's happening everything. The way the firm handled this is completely inexcusable, whether or not you had a miscarriage (which I'm sorry to hear that). There is no reason that your employer should make you feel like YOU are the reason you are being laid off. Clearly, you are intelligent and articulate and should the economy not been in the toilet, it is unlikely that you would have gotten laid off most likely. I think PH should have just sucked it up and been professional and given it to you straight.

    I commend you on what you did and how you stood up for yourself. I know there has been at least once in all our lives (if not more than once) when we have had similar situations and have gotten laid off (regardless of work performance) and had it pinned on us. My last place of employment was wonderful at that. Good for you that you had the guts to do what most of us don't. I am glad that you let them have it and while I don't think those cold-hearted people will change their ways, you definitely put their name out there as people NOT to deal with and more importantly, you stood up for yourself.

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  22. I too saw you on the Today Show this morning and I too want to say, "Good for you and for the stance you felt was the right one to take".

    In the end, it's not about money, nor burning bridges, but about the human worth and the value we place on one another and how we treat others regardless of corporate thinking.

    Thanks for taking a stand for something rather then falling for crap.

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  23. If you weren't getting work it was because you weren't very good. Although the partner was an ass for not being up front with you earlier, it doesn't mean your performance review was falsified. The reward for good work is more work. When times are good, there is more room for mediocre lawyers, but when times are lean, only the best associates continue to get work.

    Shinyung, let me ask you this. You were a very senior associate. Why weren't you bringing in work? Alternatively, if you were so good, why are you now leaving the law?

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  24. Shinyung- I saw you on the Today show this morning and you were terrific. I hope the writing gig goes great. Good luck and thanks for sounding off!

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  25. Your posting gave me a flashback...my first year out of business school 10 years ago, I was working at a huge firm. One of my friends got pregnant after suffering from infertility. She went in to tell the managing partner and his response was, "If you were going to have kids, why the H_LL did you go get an MBA!" He also proceeded to tell her that he had been counting on her to complete a long engagement and now it was messed up. He knew that a young associate making an associates salary wouldn't stand up to him and the large firm. Shinyung, you stood up against the firm and stood up for a lot of women like my friend who were victims of such mentality. What the managing partner said was shocking, but after working several years ago, it's just that he had the audacity to verbalize what people were thinking. KUDOS to you.

    Alice

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  26. Best of luck to you. I'm a Korean American lawyer turned TV writer ( and hoping to stay that way for a while). I share your struggles.

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  27. shinyung,
    I too saw you on the Today Show. You did a great job on TV and your blog posting is great.

    Too many times people are using the bad economy as an excuse for unethical behavior. There's no excuse at any time. And when it happens, it needs to be pointed out. People must be responsible for their actions.

    Thanks for the guts to do what's right. Because of you, perhaps one more business will be motivated to do what's right.

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