Workplace

A Labor Day Message For Fox: Fire Tucker Carlson

/ Jack Marshall / 32 Comments

tuckered out

“Fox and Friends” represents the professional nadir of the Fox News broadcasting day, which is a little like being the worst Italian restaurant in Kuala Lampur. Nonetheless, even that misbegotten mutation of The Today Show should maintain some minimum standards, meaning that there needs to be some unprofessional conduct up with which it will not put—like, say, a host falling asleep on the air.

Yes, that’s what conservative, forever young, over-committed and sleep-deprived Tucker Carlson did on Saturday, and if Fox News wants to send the message that it actually believes in those bedrock conservative principles it blathers on about, like the work ethic, responsibility and respect, it needs to fire him, no excuses accepted. He should have been fired already. Continue reading →

Hustle

/ Jack Marshall / 4 Comments

Diligence. Integrity. Responsibility. Reliability. Trustworthiness

Pete Rose may have been a fool who gambled on baseball, but he never, ever, failed to run hard to first base.

Pete Rose may have been a fool who gambled on baseball, but he never, ever, failed to run hard to first base.

The Washington Nationals’ blossoming star outfielder Bryce Harper provided a graphic lesson in the importance of these ethical values in the breach of them last night, when his lapse of character on the field contributed to a loss D.C.’s struggling major league baseball team could ill-afford.

The Nats have been one of the baseball season’s greatest disappointments. A team that had the best record of all last season and was widely favored to be a World Series contender, it has barely won more games than it has lost, and is hopelessly trailing the Atlanta Braves for the National League East championship. A wild card berth in this season’s play-offs also looked like a futile hope, until a recent winning streak and a flash of 2012 brilliance allowed fans to dream of a thrilling late-season comeback. It is possible, but time is running out, and every game counts. To have any chance, the Nats have to win games like last night’s against the sub-par Mets.

With the Mets leading 3-2, Washington had mounted a two-out rally, and had runners on first and second base. Harper, the team’s youngest, most exciting and most talented player was up at bat,  but he bounced an easy ground ball to the Mets second baseman. Clearly disgusted with his failure to come though in the clutch, Harper merely jogged to first base. If he had run hard, which was his trademark last season when Harper’s energy and enthusiasm made him an instant fan favorite, he would have reached first base safely, loading the bases, for the fielder unexpectedly booted the ball. But because Harper was loafing, the second baseman had time to recover and throw to first for the out. It was the last chance the Nationals had to tie the score, and they lost a game that the team needed to win. Continue reading →

Ayo Kimathi And The Freedom To Hate

/ Jack Marshall / 40 Comments

center_image

Ayo Kimathi, an African-American, is an acquisitions officer for Immigration and Customs Enforcement ( a section of the Department of Homeland Security), and has been, apparently without incident, since 2009.  He also operates and authors a web site, War on the Horizon, which predicts an “unavoidable, inevitable clash with the white race,” and explains how to prepare for it.

The latter fact is none of the government’s business, nor yours, nor mine, and certainly not that of Sarah Palin, who in her own inimitable style of making ignorance catchy and cute, exclaimed on her Facebook page, “His side ‘job’ running the ‘War On the Horizon’ website was reportedly approved by supervisors. Really, Fed? Really? Unflippingbelievable!”

No, it’s not. You can scour the government regulations and ethics requirements all you want—I have (Palin hasn’t.) There is nothing in them that prohibits a government employee in the Executive branch from espousing any political position he pleases, or that bans outside activities that do not interfere with the duties of the employee or constitute a conflict of interest. Nor should there be. As I read the rules, Kimathi had no obligation to ask permission to run his website, because his supervisor had no authority to stop him.

It is called freedom of speech, my friends.

Deal with it. Or rather, cherish it. Continue reading →

Ethics Hero: John Dryden, High School Teacher

/ Jack Marshall / 8 Comments

DrydenIt took a couple of months to determine whether John Dryden, would be best described as a high school social studies teacher in Batavia, Illinois, or as an ex- high school social studies teacher in Batavia, Illinois.  That part had a happy ending: he was not fired, as appeared at one point to be likely, for his act of ethical heroism.

In April, he was directed by the school board to distribute a survey on so-called “emotional learning” to his students. The results of the test, created and scored by Multi-Health Systems, were to be evaluated by comparing them to statistical data obtained from a large sample of students of similar ages given the same test. The MHS test included thirty-four questions regarding the use of drugs, alcohol, and the students’ emotions. Though Dryden was supposed to assure his students that their responses would be confidential, they were not. Any student whose answers raised concerns was to be sent to the school’s  counselors.

After the teacher picked up the survey forms from his mailbox shortly before his first class of the day, he noticed that each survey form had a student’s name on it  and that the questions involved under-age drinking and drug use. He had just finished teaching a unit on the Bill of Rights, and recognized a looming Fifth Amendment violation while fearing that his students, who were used to following orders, would not be aware that their rights were in peril. The survey, he correctly surmised, was state-compelled self-incrimination, and a breach of his students’ right to refuse to incriminate themselves.There was no time to confer with administrators, so he told  his students that they did not have to complete the forms if doing so involved admitting illegal behavior. Continue reading →

Ethics Hero: Millikin University

/ Jack Marshall / 86 Comments

This story sounds like it was dreamed up for joint production of the Lifetime Movie Network and Chiller.

Above: The scene of Wolcott's mothers shooting; below, his father.

Above: The scene of Wolcott’s mothers shooting; below, his father.

Millikin University is a private institution in Decatur, Illinois with approximately 2400 students. It has been thrust into local headlines with the discovery that one of its psychology professors, James St. James, who heads the schools Department of Behavioral Sciences, murdered his parents and his older sister when he was 15. Then he was called James Gordon Wolcott.

He changed his name after being treated in a mental institution, where he was sent after being found not guilty of the crime because he was legally insane at the time of the killings. High from sniffing glue, the brilliant but emotionally disturbed teen grabbed a .22-caliber rifle, walked into the living room and shot his father, then shot his sister and his mother.

Six years after being sent to Rusk State Hospital,  Wolcott emerged apparent cured, and ready to lead a productive life. Ironically, his patricide and his insanity  had greased the way for his rehabilitation: he inherited his parents’ estate and was able to draw a monthly stipend from his father’s pension fund. Changing his name to St. James, he earned a bachelor’s degree, a master’s degree and a PhD, and became an award-winning professor at Millikin. Professor St. James’ secret was undiscovered until this year. He is now 61. Continue reading →

Now THAT’S An Untrustworthy Legal Secretary!

/ Jack Marshall / 6 Comments

 

"Hey! That's Barbara! See you at wok, Monday, Barbara!"

“Hey! That’s Barbara! See you at work, Monday, Barbara!”

The Connecticut Law Tribune reports that Barbara Kalpin, a former legal secretary at the Waterbury law firm of Grady & Riley,  has been charged with stealing more than $1 million while forging dozens of checks and documents.

She was, the story says, “a longtime and trusted employee at the firm.” It seems the firm’s trust was misplaced.  Investigators have discovered that she spent about $500,000 over the last few years at an off-track betting venue in New Haven for horse and dog racing. According to police, she wrote 93 checks from a client fund that she managed, among other things using the money to pay credit card bills and to finance multiple mortgages on her home. Kalpin is facing two counts of first-degree larceny and 112 counts of second-degree forgery, and is awaiting arraignment next week.

Connecticut’s bar, like every that of every other state, imposes a strict obligation on attorneys to supervise non-lawyers who are placed in positions of assisting in legal work and the handling of client matters: Continue reading →

The Ethics of Cheering Alex Rodriguez

/ Jack Marshall / 7 Comments
Poor Alex Rodriguez and his wife...

Poor, downtrodden, Alex Rodriguez and his wife…

Baseball’s most embarrassing super-star, the steroid cheat Alex Rodriguez, in playing for the New York Yankees while appealing his long suspension by Major League baseball. As he is unquestionably a repeat liar and a serial violator of the game’s rules against PED’s (performance enhancing drugs), as he signed a contract, in part generated by the results of his cheating, that will both enrich him by millions and handicap his team competitively while conferring few, if any benefits, as he would qualify, by most objective standards, as the antithesis of a sports hero, the fact that Arod, as he is called, still was cheered by a vocal minority in Yankee Stadium when he made his season debut this week is intriguing. What does this mean? Can it be ethical to cheer Rodriquez now?

These are deceptively complex and difficult questions. The threshold  issue is whether cheering or jeering any sports figure, or any public figure at all, is an act with ethical content rather than just a communication of an opinion. Is it conduct, or just “words”? I think, in the context of the Rodriquez situation, a sound argument can be made that it is conduct. Registering group approval or disapproval of prominent conduct by someone of status and influence is a crucial societal function in setting standards, registering disapproval, and prompting shame, regret, apology and reform—none of which, so far at least, seem to register with Arod.

That is pretty clearly what the boos convey, but what about the cheers? If the boos are ethical—they are if the disapproval is proportionate, rational, fair, and just—then are the cheers automatically unethical? Not necessarily. Here are some of the things those cheers could be expressing: Continue reading →

Your Incompetent, Biased, Lazy, Untrustworthy News Media At Work: A Case Study

/ Jack Marshall / 27 Comments
Remarkably, Norman Rockwell accurately predicted how news would be reported in 2013!

Remarkably, Norman Rockwell accurately predicted how news would be reported in 2013!

Last week, the Huffington Post breathlessly reported that McDonald’s could double its workers wages, thus giving them a “living wage,” by raising the price of a Big Mac by a mere 68 cents. This obviously had appeal to the HuffPo’s liberal sensibilities, more proof of how a big corporation was needlessly lining its pockets while exploiting the lowest rungs of the workforce. The “proof” was in a study that had been represented as a being run by a “University of Kansas researcher.” The study results looked so good that the fine progressives at the site just knew it had to be right—after all, it perfectly confirmed their own beliefs. This, I’m sure you have guessed by now, is confirmation bias in its purest form.

The Huffington post writer and editors didn’t check the source, and didn’t check the study. And as some non-biased, at least in the same direction, reviewers quickly found out when they did, neither held up. The “researcher” was an undergraduate (Arnobio Morelix, whose wonderful name alone would have made me want to check him out) , and the “study” might have been a term paper. The paper’s assumptions, conclusions and math didn’t hold up, as is fairly common for undergraduate papers. The Huffington Post had to retract its story, five days later.

Alas, too late! Continue reading →

Ethics Dunce: “Johnny Football”—True, But Now What? Maybe Hollywood Had The Solution

/ Jack Marshall / 28 Comments
You don't know this actress, do you? There's a reason...

You don’t know this actress, do you? There’s a reason…

Texas A&M Aggies quarterback Johnny Manziel, a.k.a “Johnny Football,” ended last year by winning the 2012 Heisman Trophy, the first freshman ever to do so. He has spent the first 8 months of this year showing that he is an immature, arrogant kid with a dangerously inflated ego, with no sense of his obligations as a widely admired elite athlete, and little expertise in how to conduct himself responsibly and ethically.

A brief and incomplete sampling of his exploits:

  • In January, following his team’s  A&M’s Cotton Bowl win over Oklahoma, he visited the Winstar Casino in Oklahoma for some late-night gambling. He tweeted a photo with friends, waving money around. When the photo went viral on the web, sparking criticism, Manziel tweeted, “Nothing illegal about being 18+ in a casino and winning money…KEEP HATING!”
  • In March, Manziel was frustrated after throwing an interception during a spring football scrimmage, so he shoved aside a graduate assistant who happened to be in his way.
  • He was photographed with a fake tattoo of Texas A&M’s archrival Texas Longhorns, infuriating the fanatic fans of the Aggies. Continue reading →

I Would Have Fired Sympathetic, Well-Meaning, Grandmotherly Sharon Snyder, Too: The Perils Of Consequentialism

/ Jack Marshall / 132 Comments

Hear me out.

Why do I suspect that if this had been the clerk in question, we wouldn't be hearing about this story?

Why do I suspect that if this had been the clerk in question, we wouldn’t be hearing about this story?

The news media is indignant over the firing of Sharon Snyder, 70, a court worker who provided a copy of a successful motion for seeking post-conviction DNA testing that gained Robert Nelson a reversal of his wrongful 1984 rape conviction. He had been sentenced to more than 50 years in prison, and the belated DNA testing showed that he was innocent. Nevertheless, court officials in Jackson County, Missouri ruled that Nelson’s “angel” had improperly provided advice about a case, among other violations of court rules.

Snyder  was fired nine months before she was scheduled to retire, and there is little question that without her efforts, Nelson would still be in prison. In August 2009, Nelson filed a motion seeking DNA testing that had not been available at his trial 25 years earlier, but Jackson County Circuit Judge David Byrn denied the request. Two years later, Nelson asked the judge to reconsider, but again Byrn rejected the motion because Nelson’s self-drafted document was insufficient under the statute Nelson had cited.  After the second motion was rejected, Snyder contacted Nelson’s sister and gave her a copy of a successful motion, drafted by a lawyer, that resulted in the same judge granting another DNA testing request.  Nelson then used it as a template for a motion he filed Feb. 22, 2012, again seeking DNA testing.  Byrn sustained the motion, found Nelson to be indigent and appointed Laura O’Sullivan, legal director of the Midwest Innocence Project, to represent him.  Last month, the Kansas City Police Department’s crime lab concluded that DNA tests proved that Nelson was not the rapist in the crime he had been convicted of committing. He was freed on June 12, 2013

This is all good, and an example of justice finally, if belatedly, prevailing.

Snyder’s role, however, got her suspended without pay, and then fired on June 27. Continue reading →