Workplace

Easiest Ethics Question Of The Month

/ Jack Marshall / 8 Comments
" Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?"

” Dear Ellie: The firm seems a little shady to me, but I need the experience. Should I take the offer?”

Over at Above the Law, Ellie Mystal posts a request for advice from a desperate job-seeking lawyer, and polls readers for their response. The lawyer has an offer from a local attorney she says has a reputation for being unethical and untrustworthy. He has filed for bankruptcy once; he is being investigated by the local bar and the government, and former employees say he’s atrocious to work for. The inexperienced lawyer asks,

“Is this really bad for an entry-level lawyer to work for an (arguably) bad lawyer? Is it an absolute NO? Which one is more important: get some experience or working at a right/good firm? To put it another way, which one is worse: having no experience or working at a bad firm? I keep searching job postings and there is no opening for entry-level. Everyone looks for experienced lawyers. So I get the impression that no experience is the worst.

“I don’t know what to do with this offer. Feels not right to accept this offer but cannot just forgo. So give me some advice — should I accept his offer?”

Well, let me th—NOOOOOOOO!!!! Absolutely NOT! Never in a million years! NEVER!

And yet, almost 20% of Above the Law’s mostly lawyer readers voted for the choice reading, “Yes. Beggars can’t be choosers.”

That is disturbing. Continue reading →

My Spidey Sense Is Tingling: When Skipping The Tip IS Theft

/ Jack Marshall / 17 Comments

Things are stranger than ever, it seems, in Times Square.

Chelsea? Is that really you?

Chelsea? Is that really you?

Philip Williams, 35, is one of many individuals who makes a living of sorts in Manhattan’s famed pop-culture and commerce jungle by dressing up as a colorful character to amuse tourists. In Williams’ case, it’s Spiderman. He is currently charged with assault and harassment for punching a woman who asked him to pose for a photo with her kids, then after getting her picture, refused to pay him the customary tip when he asked for some money.

“Sorry, I don’t have any,” said she. “You’re crap!” said Spidey, and socked her. Williams claimed in court that his punch was in self-defense, because, he claims, the woman threw a snowball at him. This is disputed. 

Williams’ arrest came when police intervened to stop the assaulted woman’s husband from squishing Spiderman, which he was endeavoring to do with a packpack. Initially, the woman had fingered another Times Square Spiderman as her assailant, but the husband was paying better attention, and knew which one to pound on.

I love this city! Continue reading →

Ethics Dunce: Chelsea Welch (The Applebee’s Train Wreck, Part Deux)

/ Jack Marshall / 53 Comments
Chelsea Welch 2

Chelsea Welch: Hire at your own risk. You have been warned. By Chelsea, in fact…

I really, really didn’t want to revisit the tale about the cheap pastor, the self-righteous waitress, and Applebee’s. The comments on the original post here were illuminating, not in a good way, and were profoundly discouraging. The fact that so many people are incapable of getting past their biases against any business that has to enforce basic common sense policies on their employees is depressing; the fact that they embrace wholeheartedly the idea that a minor instance of poor judgment and conduct warrants permanent vilification on the web is alarming; and the widespread rejection of the principles of the Golden Rule is scary.

Unfortunately, Chelsea Welch, the fired waitress whom I once had some sympathy for despite the fact that her firing was 100% justified, has apparently seen fit to publish a letter, although there is no way to tell that it is really hers—the way this whole scenario has gone, it probably was written by the pastor who started the whole mess to make Chelsea look bad. If that was the objective, the pastor was wrong again, for a ridiculous percentage of the commenters think the letter is perfectly reasonable, meaning, of course, that they have the ethical sensibilities of 5th graders. The cruel reader who brought this to my attention actually read the comments on one site and tallied them: 1538 supporting Chelsea, only 20 that didn’t.

<Sigh!>

Nonetheless, Chelsea Welch reveals herself as an A-1 prime ethics dunce, the kind of person who will blunder along through life behaving unethically, causing little and large harms and discomforts to those she encounters, always thinking she is in the right, because she doesn’t have the foggiest notion of how one goes about determining what  right is.

Her letter is a classic of rationalization. Some highlights (the entire letter is at the end)… Continue reading →

Mutual Destruction At Applebee’s: An Uncharitable Pastor and a Vengeful Waitress Do Each Other In

/ Jack Marshall / 353 Comments

1aloisreceipt

The Combatants!

  • Alois Bell, a pastor at Truth in the World Deliverance Ministries Church. Uncharitable, vengeful, arrogant and cheap, she complained about an autotip of 18% added to her Applebee’s check that was triggered by the size of her group. The bill was small, but the group was large. Crossing out the tip amount and replacing it with nada, she scrawled, insufferably, on the bill, “I give 10% to God, why do you get 18?”, thus stiffing the waiter whom the party later said had rendered impeccable service. She also scrawled “pastor” by the bill amount, thus presuming a clergy discount that didn’t (and shouldn’t) exist. After a waitress colleague of the un-tipped waiter posted the bill on Reddit to inspire some well-earned web-shaming, Bell complained to Applebee’s management, successfully getting the waitress fired.

Verdict: Contemptible jerk. She abused her position to claim a discount that she wasn’t entitled to, and punished an innocent server by withholding a fair tip. [This may not be so; see UPDATE at the end] Then she set out to take vengeance on the young woman for exposing her despicable conduct. So much for showing the other cheek. Bell’s conduct was as far from the teachings of Christianity as one can get, at least at an Applebee’s.

  • Chelsea Welch, the now ex-Applebee’s waitress. She posted the obnoxious bill and scrawled comments online, whereupon the pastor was identified by her handwriting, and perhaps her jerkish personality.

Verdict:  Unethical conduct, though provoked. Her colleague was wronged by the cheap pastor, but she forgot she wasn’t free to do as an Applebee’s employee what she might choose to do as a private individual. Applebee’s can’t have its customers worrying about whether real or perceived slights to restaurant staff will land them on various websites to be mocked and vilified. Her actions were irresponsible and a violation of her duties as an employee, even though her anger was certainly justified. And her method of retribution was excessive and unethical too. Continue reading →

/ Jack Marshall / 3 Comments

Today is Jackie Robinson’s birthday. He would be 94, but he lived only slightly more than half that long. He was one of our greatest ethics heroes, and I’d like to honor Mr. Robinson by reblogging a post from April 16 of last year.

Jack Marshall's avatarEthics Alarms

Yesterday, the media, history buffs and Kate Winslet fans were obsessed with remembering the Titanic, sometimes even with proper reverence to the 1500 men, women and children who lost their lives in the North Atlantic on April 15, 1912. A strong argument could be made, however, that the most significant event that occurred on April 15 took place in 1947, in Brooklyn, New York. For that was the day that Jackie Robinson ran out to his position at first base as a member of the Brooklyn Dodgers, and became the first African- American to play baseball in the Major Leagues since the earliest years of the game.

With that act, and his epic heroism for the rest of the season, Robinson changed baseball, sports, American society and history. It was a cultural watershed in a nation that had been virtually apartheid since the end of the Civil War, a catalytic…

View original post 781 more words

Bad Management As A Virtue: Cory Booker’s Message To Idiots

/ Jack Marshall / 22 Comments
The Mayor of Newark has a strange job description...

The Mayor of Newark has an overly broad job description…

I came close to giving Newark Mayor Cory Booker the “Incompetent Elected Official of the Month ” designation for his well-publicized stunt of rescuing a freezing puppy from the cold. I decided it would be unfair. An executive who wastes his or her time doing the jobs of others is indeed incompetent, not to mention inefficient, wasteful, and dumb, but that’s really not what Booker was doing. What he was doing was shamelessly sucking up to dim-bulb voters who are impressed with silly PR maneuvers like this rather than actual job performance.

To a moderately intelligent, informed citizen of Newark, a mayor interrupting his day to do what the city pays animal control workers a fraction of what he earns to do more responsibly would be an indictment of that mayor’s priorities, time-management skills, and judgment. To an idiot, it means that the mayor is a real swell guy who loves animals and is running willy-nilly all over the city, leaping tall building in a single bound—a hero! Booker has apparently made the calculation that Newark has more idiots than moderately intelligent, informed citizens, so his conduct was an insult as well. Or maybe he’s right.

The public’s grasp of what their elected leaders actually do is tenuous enough without elected officials like Booker intentionally adding to their ignorance. To be fair, he is an activist, hands-on leader who has engaged in genuine and appropriate acts of generosity, kindness and bravery. He should not, however, be rescuing kittens from trees or dogs from the cold, rushing to answer 911 calls or cleaning the streets. The taxpayers are already paying people to do those things. His job is to be mayor, and Newark needs one, full-time. If he has so much time on his hands that he’s doing the jobs of other city employees, then he’s neglecting his own responsibilities.

BAD mayor! BAD!

_____________________________________

Sources: News One, Time

The Saga of the Entrepreneural Legal Mentor

/ Jack Marshall / 6 Comments
"OK, now pay attention. I'll teach you to hunt, but it will cost you..."

“OK, now pay attention. I’ll teach you to hunt, but it will cost you…”

Attorney Kenneth Beck is reeling from a barrage of criticism he has received for placing this ad on Craig’s List:

ARE YOU RECENTLY ADMITTED TO THE BAR, OR AWAITING BAR RESULTS, BUT NEED EXPERIENCE FOR THAT FIRST JOB?

General practice attorney with more than twenty years of experience is willing to train a small number of recently admitted attorneys, or those awaiting bar results. For a monthly fee, you will be able to shadow the experienced attorney, and learn by watching the day to day practice of law. Observe the following types of proceedings, as they occur; Civil Short Calender motion arguments, foreclosure mediation’s, pre-trial conferences, Workers Compensation and Social Security hearings, real estate closings, discovery proceedings and compliance, research and general office operations. …

The unprecedented ad, now pulled, prompted nasty e-mails from his target audience and a lot of ridicule on various legal blogs. Beck hit a nerve, obviously, in fact several: the perceived venality of the profession, the desperate plight of recent law grads in a tight market, the lack of practical training students receive in law school. Some even suggested that the ad rose, or rather fell, to the level of professional misconduct. “Will this kind of revenue producer be censured by the state bar association?”, asked the blog Law and More.

That one is easy: no, because nothing about the ad raises legitimate questions about Black’s trustworthiness or honesty, and there is no clear violation of any existing rules inherent in his proposition. Still, the question lingers: even if this doesn’t nick the Rules of Professional Conduct, is it ethical? Continue reading →

Ethics Quiz: “How To Gratuitously Offend Millions of People and Prove Yourself To Be An Ignorant Jackass in 140 Characters or Less” By Travis Okulski

/ Jack Marshall / 25 Comments

Gawker editor tweet

Presumably I don’t have to explain why the tweet above, sent out by Gawker writer and editor Travis Okulski, and eventually deleted by him after someone drilled into his skull and planted some sense there, is cruel, disrespectful, callous, ignorant, offensive and wrong.

Here’s your Ethics Quiz, and it requires you to use the previous post, which you can find either beneath this one, or here:

Would you fire Okulski if he worked for you?

The question would be easy if I asked if Gawker should fire him, since that website is shameless and largely behaves as if ethics were a unicorn or the Kraken, a mythical creature only suckers and fools believe in.

Would you give him another chance, or would you conclude that any ass who would even think this can’t be trusted to brush his teeth in the morning?

I’m very curious.

___________________________

Pointer: Fox News

Fair and Unfair Facebook Post Firings

/ Jack Marshall / 4 Comments

frustrated-at-workWhen is it fair for an employer to fire an employee for the contents of a personal Facebook post?

  • When the post harms the business, impugns the integrity of its staff or business practices, or otherwise affects the reputation of the company in the community.
  • When the post indicates that the poster lied to a superior.
  • When the post raises legitimate doubts about the poster’s fitness for a job, either in the minds of potential client and customers, or in the judgment of employers.
  • When the post is sufficiently  disreputable and offensive to the community at large that it raises the question of whether any company that hires or has such an individual in a position of authority can or should be trusted.
  • When the post shows poor judgement of such a degree that it reaches signature significance, and legitimately causes an employer to doubt the stability, sanity, or trustworthiness of the poster. Continue reading →

Are Gentlemen Sexist?

/ Jack Marshall / 49 Comments
"Oh, Tommy---you're such a pig!"

“Oh, Tommy—you’re such a pig!”

On the flip side of the hit post about Emily Heist Moss’s open letter to her harassers, we have the B-side (I know this metaphor marks me as a fogy ): my objections to a New York Times essay by Lynn Messna, who declares that she doesn’t want her son to be gentleman, because gentlemen are sexist.

She writes:

“Start to complain about your preschooler adopting gentlemanly behavior and you quickly discover how out of step you are with the rest of the world. Almost everyone I mention it to thinks it’s lovely and sweet. What’s the harm in teaching little boys to respect little girls?..But I don’t think it’s an overreaction to resent the fact that your son is being given an extra set of rules to follow simply because he’s a boy. His behavior, already constrained by a series of societal norms, now has additional restrictions. Worse than that, he’s actively being taught to treat girls differently,  something I thought we all agreed to stop doing, like, three decades ago. Continue reading →