Year: 2013

Tip Shaming Fraud On The Web: NOW Do You See Why Applebee’s Was Right To Fire Its Vigilante Waitress?

/ Jack Marshall / 27 Comments

bad-tip-fraud

At the beginning of the year, we had a real donnybrook on Ethics Alarms over my contention that Applebee’s correctly fired a waitress for web- shaming a customer who refused to tip another server on the grounds, as the customer wrote on her credit card receipt, that the automatic tip of 18% was excessive since she (a pastor as well as a jerk) gave God only 10%. The indignant waitress posted the receipt on Reddit, which led to locals recognizing the pastor’s handwriting and appropriate antipathy being directed her way. Since the waitress’s conduct was a clear violation of Applebee’s employment terms and because publicly shaming customers who exercise their right not to leave tips is a poor customer relations strategy, she was sacked. Subsequently the unapologetic waitress received a lot of sympathy, while equally misguided observers vowed to punish Applebee’s for not wanting to be known for having  waitresses on the payroll who are prone to misappropriate customer receipts and post them online to bring opprobrium down on the niggardly diners’ heads.

I think Applebee’s is looking prescient and wise right now. Ask Red Lobster, which did not fire Christina Jenkins, a 19-year-old African-American server at the Red Lobster restaurant in Franklin, Tennessee. Jenkins served a $44.53 order to Devin Barnes and his wife. Barnes wrote the word “none” by “tip, ” and, Jenkins claimed, wrote “Nigger” on the receipt as well.  Jenkins then posted a photo of the racist receipt on her Facebook page, writing, “This is what I got as a tip last night…so happy to live in the proud southern states. God Bless America, land of the free and home of the low class racists of Tennessee.” Going the Applebee’s vigilante one better, Jenkins allowed Barnes’ signature to be visible on the receipt.

The photo, and story, went viral on the web and the news media gobbled it up. Mr. and Mrs. Barnes denied that they would write such a thing (they didn’t tip because the order was a carry out), but nobody believed them. After all, everyone knows that white customers in southern states are likely to write “nigger” on receipts, just as everyone knows that sort-of white neighborhood watch members racially profile black kids in hoodies for carrying bags of Skittles. Jenkins, in contrast, was besieged with sympathy and cash contributions: the latest tally was $10,749. A handwriting expert hired by Barnes, however, proved that “nigger” was not written by the customers, but by the waitress herself. Now Jenkins and Red Lobster are being sued by the Barneses, who have been subjected to harassment and threats.

And that’s not all… Continue reading →

Ethics Hero, Thanksgiving Division: Scott Stuckey, Manager of Atlanta’s Omni Hotel

/ Jack Marshall / 21 Comments

Scott Stuckey gets hugged by a grateful non-criminal Joel Hartman was homeless and surviving in Atlanta by dumpster diving, but when he found a lost wallet with the owner’s identification and credit card inside, he was determined to do the right thing. The wallet obviously belonged to a tourist, so the 36-year-old man checked the hotels in downtown Atlanta until he found out that the tourist (from France, for a conference) was staying at the Omni Hotel.

After Alanta’s Omni manager Scott Stuckey saw the surveillance video of Hartman—who looked as destitute as he was— turning in the wallet to the hotel’s  security guards, he decided that a reward was in order.  Hartman had given them a fake name, so it took some effort to track the shy good Samaritan down. Stuckey and his staff searched for a week, leaving messages with other homeless people that the Omni wanted to thank the man who recovered its guest’s stolen wallet. Eventually Hartman heard about their quest, and showed up at the hotel. He was shocked at what Stuckey had planned for him. Hartman was told that he would be the Omni’s guest in a luxury room through the Thanksgiving holiday with complimentary room service. The hotel also  gave him $500.

I think the gesture by Stuckey and the Omni was kind, appropriate, and in keeping with the spirit of the holiday….but: Continue reading →

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

/ Jack Marshall / 9 Comments
But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04,  has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading →

Ethics Dunces: NFL Football Fans

/ Jack Marshall / 8 Comments

FOOTBALL FANSIn response to a question in a newly released CNN poll, a majority of football fans responded that the fact that the NFL intentionally withheld from its players evidence that repeated  concussions were inevitable despite the supposed protection provided by equipment, and that this would lead in many cases to devastating premature cognitive damage to players which would leave them disabled, depressed, violent, demented and/or suicidal until their early deaths didn’t trouble them at all, as long as they got their weekly Sunday football fix.

All right, that’s unfair. The results actually just showed that only 36% of respondents think that the NFL’s handling of the concussion issue has caused them to view the pro football league less favorably. No, on second thought, it’s not unfair at all.

I’m sure the NFL honchos who are determined to keep their billion dollar profit machine purring away, powered by the game’s consumption of the minds and bodies of young men lured by a short-term bonanza of fame and bucks, are whooping it up in their park Avenue suites. Yup, they did it! They have successfully converted much of America into crass, blood-thirsty sadists who are only different in degree from the Romans who cheered on Nero’s various bloodsports. Continue reading →

Ethics Hero: USA Today

/ Jack Marshall / 5 Comments
News you can use!

News you can use!

Increasingly, all the Obama White House has in its tool box to limit the damage of fiascos  past, present and future is its ability to manipulate the President’s  public image.  For five years an infuriatingly uncritical and submissive press allowed this administration to avoid the consequences of mistakes, problems and misconduct that would have dominated front pages for months in past years, but some vague signs of backbone have been visible of late, so the White House is cracking down.

From the journalism website of the Poynter Institute:

“A coalition of news organizations, including the Associated Press, ABC News, The Washington Post and Reuters called for better access to the president and the White House today in a letter addressed to White House press secretary Jay Carney.

The letter says, in part:

“Journalists are routinely being denied the right to photograph or videotape the President while he is performing his official duties. As surely as if they were placing a hand over a journalist’s camera lens, officials in this administration are blocking the public from having an independent view of important functions of the Executive Branch of government.”

The National Press Photographers Association also put its name to the protest. “Media organizations including NPPA have been keeping track of all the times on the president’s schedule when something has been marked ‘private,’ or when there’s been a news lid issued by the Press Office, only to find a White House photograph from the event show up a short time later on its official Web site,” NPPA General Counsel Mickey Osterreicher said. “We have never been granted access to the President at work in the Oval Office accompanied by his staff,” AP Director of Photography Santiago Lyon said. “Previous administration regularly granted such access.”

Continue reading →

Ethics Poll: The Amityville Kidney

/ Jack Marshall / 24 Comments
"Wait---you're going to put THAT inside me???"

“Wait—you’re going to put THAT inside me???”

In the comments to the post The Kidneys of Orlac, Texagg04 raises a fascinating angle that I had not considered. I have previously written, regarding state regulations that do not require realtors or sellers to disclose that a grisly murder or six occurred on a property, that a purchaser has the right to know about such conditions that may bother him personally, and that regardless of the laws involved, there is an ethical duty inform  a potential purchaser know that he is buying the site of the Amityville Horror (for example). Texagg04 suggests..

“Much like real estate agents ought to reveal that a house had a grisly murder in it, I’d submit that recipients of organ donations of this kind should get to be informed of the donor’s convictions.”

Hmmm. I’m not so sure. One of the reasons for my views about the death houses is that they may be difficult for the uninformed buyer to sell later if the home’s history is known or becomes well known. Also, there are always alternatives to buying a particular house—given a choice between the site of a murder and a similar house with no such history, I might opt for the latter—I’ve seen too many of the “Paranormal Experiences”  and “The Grudge” movies, I guess. But with donated organs, the options are more limited. Maybe not telling the recipient that he has the heart of the Green River Killer is the fair and kind thing to do.

Let’s vote!

“How Dare Universities Charge Such High Tuition?” KABOOM!* #2 Is A Dud; The New Title is “Unethical Website Of The Month: Diversity Chronicle”

/ Jack Marshall / 6 Comments
Okay, I confess: I'm not an ethicist or a lawyer. This is me.

Okay, I confess: I’m not an ethicist or a lawyer. This is me.

Today’s earlier post about the Georgetown Law Dean who filed an expert report in federal court that was partially copied from Wikipedia was titled “How Dare Universities Charge Such High Tuition?” KABOOM!* #1…” with the full intent of offering “How Dare Universities Charge Such High Tuition?” KABOOM!* #2 shortly thereafter.  My second, and messier,  head explosion was triggered by a news story more outrageous than the first: it involved two universities, and a tenured professor at the Massachusetts College of Art and Design retiring after 25 years with a final lecture to students in which he said,

“If you are a white male, you don’t deserve to live. You are a cancer, you’re a disease, white males have never contributed anything positive to the world! They only murder, exploit and oppress non-whites! At least a white woman can have sex with a black man and make a brown baby but what can a white male do? He’s good for nothing. Slavery, genocides against aboriginal peoples and massive land confiscation, the inquisition, the holocaust, white males are all to blame! You maintain your white male privilege only by oppressing, discriminating against and enslaving others.”

As you might imagine, I had quite a few points to make about this, including why a single student in the lecture hall, and not just those being told to commit suicide, didn’t arise from their seats, walk out, and register a protest with the school—-a bit like I would have hoped Barack Obama would have done when he heard his pal, Rev. Wright, spout racist and hateful rhetoric from the pulpit.

I have learned, from bitter experience, that whenever a story causes my jaw to hit the floor I should check several non-blog sources, and there were many of them that have proven reliable in the past carrying the story. All were members of the so-called “conservative media,” true, but the tendency of the mainstream media to intentionally ignore events that make their brethren warriors of the left look bad—like, say, the ugly and still unfolding IRS scandal that the Obama administration still claims is imaginary— is an annoying constant in my world…and yours, if you will acknowledge it.  Through dumb luck and dumb luck only, I checked one more source, and it saved me. The Blaze, Glenn Beck’s news and commentary site, had lapped its careless, inept competitors. The story of the professor’s farewell rant was a hoax, or satire, depending  on your point of view. Continue reading →

“How Dare Universities Charge Such High Tuition?” KABOOM!* #1: Georgetown University Law Center

/ Jack Marshall / 3 Comments
headexplode

Kaboom.

James Feinerman, the James M. Morita Professor of Asian Legal Studies at Georgetown University Law Center, who also serves as its associate dean for transnational programs, was hired by the U.S. government as an expert witness  to bolster the prosecution in a spying case, and apparently plagiarized a substantial potion of the report submitted to the court from <sigh–there goes that value of THAT degree> Wikipedia.The defense picked up on the uncited cribbing and the federal court is now examining whether the sources used by Wikipedia are reliable enough for his report to be accorded any validity. The Government, meanwhile, represented by assistant U.S. attorneys Peter Axelrod and John Hemann, is stuck with making desperate “ahumunahumuna” sounds like Ralph Kramden used to do on “The Honeymooners” when he was caught looking stupid and spouting lame arguments in court filings about how Feinerman “utilized language from Wikipedia as a concise English-language summary of his opinions on certain topics.”

Riiiight. Continue reading →

Ethics Quiz: The Kidneys of Orlac

/ Jack Marshall / 32 Comments
Kidneys, okay, maybe...BUT NOT THE HANDS! NEVER THE HANDS!!!

Kidneys, okay, maybe…BUT NOT THE HANDS! NEVER THE HANDS!!!

One individual who may be having complicated sentiments this Thanksgiving is Ronald Phillips, who is current residing on Ohio’s death row. He was supposed to be dead by now, but was spared at the last moment when Governor John Kasich issued a stay of execution to ponder Phillips’ unusual request, which had been rejected by prison officials. Phillips, you see, is not a nice guy, as his current address might suggest. He was convicted of raping and killing the three-year-old daughter of his girl friend. (They subsequently broke up. It was him, not her.) He had experienced a change of heart, however, or rather, wished to facilitate one. His sister needs a heart transplant, and he wants his to be passed over to her after his execution by lethal injection. He also wants his kidneys donated to his mother, who is on dialysis because hers are failing, and any other parts of him that might save a life given to others.

Presumably this will not include his hands, because there are a couple of horror movies, one old one in particular, about what happens after that operation, and they are pretty scary. There are no horror films that I know of, however, about the aftermath of getting an executed murderer’s kidney.

Yet.

Gov. Kasich, who is a nice guy, has explained that as heinous as Phillips’ crime was, the state should try to accommodate his desire to save innocent lives. The tentative plan is to hollow Phillips out, execute him in July, and then harvest anything that’s left.

Have you seen that movie, by the way?

Your Ethics Alarms Ethics Quiz:

Should such a request by a condemned prisoner be granted?

I’ll play devil’s advocate here, except that the advocate for the child rapist deserves the title more than I do. I think Kasich is confused, and that Phillips or his lawyers have figured out one more way to foil the criminal justice system. Continue reading →

Annie Dookhan, The Nightmare Employee

/ Jack Marshall / 29 Comments
Funny---she doesn't LOOK evil.

Funny—she doesn’t LOOK evil.

Every organization dreads the falsely competent employee who is secretly cutting corners and covering their tracks. Sometimes, they are embezzlers. Sometimes they are plagiarists, or journalists who fabricate quotes and only pretend to check sources.  Sometimes they are managers, CEOs, generals and leaders who are faking it, not providing oversight and diligently making sure that others are doing their jobs. These people are thieves, essentially: they are stealing their salaries under the false pretense that they know what they are doing and can be trusted. Often they are worse than thieves, because they sap their organizations of efficiency and momentum, secretly, stealthily. Needless to say, government bureaucracies are crawling with them, and they cost all of us money, security, hope and happiness.

Annie Doohkan is one of the worst of this breed I have ever encountered.  She was a state chemist in Massachusetts who intentionally mishandled evidence in drug cases, rushing results, falsifying them, certifying that she did tests when she really didn’t. Finally the lies became too much to hide, and she was exposed, but not before her perfidy forced the release of hundreds of convicts, raised new questions about thousands of other cases, and forced the state to spend millions of dollars. Apparently she had no greater motive for inflicting this carnage than her desire to give police and prosecutors what they wanted, and to appear to be fast, efficient and reliable. Continue reading →