Workplace

Ethics Hero: St. Louis Pitcher Adam Wainwright

/ Jack Marshall / 4 Comments

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It’s Spring Training for Major League Baseball, and all over Florida and Arizona established millionaire baseball stars are getting in shape, while impoverished minor league veterans are hoping to nab a big league roster slot that will alter their finances, careers and lives. The dirt wages teams pay their minor league players is an ongoing scandal, as life in the minors still consists of bus rides, crummy motels and cheap eats, with no job security, no pensions, and little respect. Most of the latter is reserved for the hot young prospects expected to be stars within a couple of years.

These two worlds of Lexus-driving superstars and subsistence-level grunts merge in March,  as the Cactus League and the Grapefruit League play exhibition games before retirees and out-of-state fans.

Ryan Sherriff, 26, is from that Other World. He is  a non-roster invitee to the St. Louis Cardinals camp, hoping to establish himself on the team’s pitching depth chart for a mid-season call-up when there is an injury or a trade. At his age, time is running out. Ryan  also is at camp on his own dime. Every day, Sherriff  made the 10- to 15-minute walk from his rented condo to the ballpark. He then walked  back after workouts.  When he needed food, he walked 15 minutes in the other direction to get groceries.

On one of those walks last week, Cardinal starting pitcher Adam Wainwright was driving by, noticed Sherriff walking and realized that he had seen him do this several times. Wainwright stopped and inquired, and learned that this was his temporary teammate’s mode of transportation as long as he was in Florida.

A couple days later, a Nissan Altima rental was delivered in Sherriff’s name  at the ballpark, all expenses paid by Wainwright. Continue reading →

Ethics Hero: Ohio Bus Driver Damone Hudson

/ Jack Marshall / 16 Comments

Driving his route in Dayton, Ohio,  bus driver Damone Hudson saw a woman standing on the other side of the rail on the Main Street Bridge that spans the Great Miami River. He could have continued on. He could have ignored her. Instead, he made an unscheduled stop, and as his passengers waited and watched, spoke to the woman, then left the bus  to get closer to her.

He said, gently, in an exchange that was partially captured on video,

 “Why don’t we come back over on the side of the rail? … Hey miss, why don’t we come back on this side of the rail for me?…Ma’am, you look like you’re having a bad day, you know. Can I give you a hug?”

Someone  called 911 as Hudson kept talking  until a Dayton Police Department crisis intervention specialist arrived. The potential suicide stepped back over the railing, and was taken to safety and a medical evaluation. The driver got back in his bus and continued the route.

“He did a great job,”  Dayton police detective Patty Tackett told reporters.

Later Hudson said in an interview,
Continue reading →

Unethical Protest, Unethical Protesters, Just Desserts

/ Jack Marshall / 62 Comments

protest-immigrant

Last week’s “A Day Without Immigrants” protest could be the example in the dictionary to illustrate “unethical protest,” or perhaps “stupid protest.”  The stunt of immigrants not coming to work to protest policies aimed at illegal immigrants and terrorists was a non sequitur, proving nothing, saying nothing. Nobody wants to stop immigration, nobody has an objection to legal immigrants, and the danger of the U.S. not having sufficient legal immigrants is precisely none. According to the Ethics Alarms Protest Check List, “A Day Without Immigrants”  was an epic, embarrassing, dud. If my immigrant employees used this jaw-droppingly dumb protest  to justify not coming to work, I would do exactly what Bradley Coatings, Incorporated  in Nolensville, Tennessee did.

I’d fire them all. Continue reading →

Now THIS Is An Unethical IRS Employee…Howard Stern Too, But We Knew HE Was Unethical

/ Jack Marshall / 13 Comments

[There is supposed to be a photo of Howard Stern here, but WordPress keeps refusing to embed it, thus showing the software’s admirable good taste.]

In May of 2015, Judith Barrigas of Sandwich, Massachusetts called the IRS service center  with a question about her tax refund. She reached IRS agent Jimmy Forsythe, who was goofing off on the job, on hold after a call to Howard Stern’s radio show on satellite radio. Forsythe, still on hold (or so he thought) took the taxpayer’s call, and when the Stern show took reconnected, Stern’s listeners somehow heard Forsythe’s conversation with Barrigas.  Stern and paid sycophant Robin Quivers then joked about the call, which concerned Barrigas’s payment plan: the IRS had applied Barrigas’s tax refund to pay her outstanding debts from 2011 and 2012, even though she complained she already had a repayment plan set up with the  IRS. Her call, which she assumed was private, should have assumed was private and was guranteed by federal law to BE private, was on the airwaves for nearly an hour.

“I’m learning so much,” said Stern at the time, before he finally cut off the surreptitious eavesdropping. “I feel like I’m in math class and I’m flunking because I don’t know one thing he’s saying. I think I’m going to bail on this guy. By the way, this is the most boring job ever. I’d rather live in my parent’s basement if I had to do that. I’d give out all the wrong information. All right, dude, later!”

Barrigas  has just sued  the IRS, the Howard Stern Production Company, and Stern individually for violations of the Federal Tort Claims Act,  unlawful disclosure of tax returns and personal information, and just the for the Stern side,  negligence, invasion of privacy, and the intentional infliction of emotional distress.

Ethics Observations: Continue reading →

The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016: The Last Of The Worst

/ Jack Marshall / 23 Comments

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Ethics Alarms wraps up the Worst in 2016 Ethics with the usual education and journalism breaches, Ethics Dunce of the Year, and more delights for the sadistic…

Unethical Government Fiasco Of The Year

The Flint, Michigan water crisis.  A failure of competence, diligence, responsibility and honesty, compounded by bureaucrats, elected officials, the city of Detroit, Michigan Governor Rick Snyder and the EPA made people sick and cost billions.

Good job, everybody!

Scam of the Year

Sen.Ted Cruz’s fake “official” mailer before the Iowa Caucus. Cruz’s campaign  sent out mailers labeled in all capital letters, “ELECTION ALERT,” “VOTER VIOLATION,” “PUBLIC RECORD,” and “FURTHER ACTION NEEDED.” On the other side, the mailer said, in red letters at the top, “VOTING VIOLATION.” The text read:

You are receiving this election notice because of low expected voter turnout in your area. Your individual voting history as well as your neighbors’ are public record. Their scores are published below, and many of them will see your score as well. CAUCUS ON MONDAY TO IMPROVE YOUR SCORE and please encourage your neighbors to caucus as well. A follow-up notice may be issued following Monday’s caucuses.

This is why Trump’s nickname for Cruz, “Lyin’ Ted,” was crude but accurate.

Ethics Dunces Of The Year

All the social media users and others who ended Facebook friendships, genuine friendships and relationship over the 2016 election. Haven’t they ever seen “It’s A Wonderful Life”? Morons. Shame on all of them.

Weenies of the Year

The college students who demanded that exams be cancelled, therapists be available, safe spaces be found, puppies be summoned and cry-ins be organized because the awful candidate they supported in the Presidential election lost, as candidates often do.

How embarrassing.

Unethical University Of The Year 

Liberty University.  This is the most competitive of categories, with all the schools that railroaded male students based on questionable sexual assault claims while quailing in fear of the Dept. of Education’s “Dear Colleague Letter,” and all the schools that signaled that the results of a simple election justified PTSD treatment for their shattered charges, as well as making it clear to any students who dared to tilt Republican that they were persona non grata. Nonetheless, Liberty University takes the prize with its unique combination of greed, hypocrisy, and warped values. From the Ethics Alarms post:

Last week, with great fanfare, Liberty hired Ian McCaw as its new athletic director. “My vision for Liberty is to position it as a pre-eminent Christian athletic program in America,” McCaw said during a news conference.

This is his first paying assignment since May, when he left his job as the athletic director at Baylor, also a Christian university. His departure was made essential after a thorough investigation that found that those overseeing Baylor’s  football team as well as the management of  the athletic department—that is, McCaw— had been informed of multiple gang rapes and sexual assault by team members and had ignored it, as any good football-loving Christian would….especially when a star was involved.

Continue reading →

The Most Unethical 2017 Super Bowl Ad Is Yet To Be Revealed, But The Prize For The Most Shameless Is A Lock

/ Jack Marshall / 12 Comments

Of course, all Super Bowl TV ads by definition are horribly unethical, exploiting for commerce a professional blood sport that renders healthy young men brain-damaged for a drooling public’s coarse amusement. To Hell with all the ads I say. Still, some are worse than others.

History suggests that the obnoxious Audi commercial above won’t be the worst, but it nicks a wider range of ethical breaches than the typical Super Bowl ad. For that it deserves, at very least, a hardy Ethics Alarm Bronx cheer, or “raspberry”…

to wit…

Continue reading →

“Singin’ In The Rain” Ethics: The Strange Saga of “Make Em’ Laugh”

/ Jack Marshall / 16 Comments

Last month Turner Movie Classics arranged for MGM’s classic musical “Singin’ in the Rain” to be shown on big screens in selected theaters around the country.  At the theater where I saw the film again with my wife and some friends, the place was packed with a multi-generational crowd including many children seeing Gene Kelly-Donald O’Connor-Debbie Reynolds (and Jean Hagan…mustn’t leave out “Lina Lamont”!) romp for the first time. Of course, they loved it; I’m worried about anyone who can see the film and not love it.

The timing of TCM’s limited revival was felicitous in two ways. One was that  it occurred just after the death of Debbie Reynolds, and provided a lovely way to salute her memory. Another was that “La La Land” was surging in buzz and box office around the country, culminating in last week’s 14 Oscar nominations. There are several visual references to “Singin’ in the Rain” in the film; ironically, enjoying “LaLa Land” may rely on unfamiliarity with its 65-year-old predecessor, because calling what the stars in “La La Land” do “dancing” seems unduly generous compared to the performances of Gene, Donald and Debbie.

Seeing the film reminded me, however, of the strange ethics breach behind one of the movie’s most famous numbers. Donald O’Connor’s solo “Make ‘Em Laugh” is the high point of the movie for me, and I am not alone. It finished at #49 in AFI’s 100 Years…100 Songs survey of top tunes in American cinema, but that doesn’t do it justice: this is not just a great musical number, it is one of the greatest four minutes of physical comedy ever put on screen, featuring dozens of jumps, pratfalls, and as its grand finale, O’Connor running up two walls and flipping backwards to the ground. (He checked into a hospital for several days as soon as filming  the routine was over). The problem is that “Make ‘Em Laugh” was plagiarized, and everyone knew it. Continue reading →

From The “When Ethics Fail, The Law Takes Over” Files: The Dumb Teacher, The Fragile Student, And The Bucket

/ Jack Marshall / 19 Comments
A toilet at Patrick Henry High....

A toilet at Patrick Henry High….

Yyyyyyup! The American public school system continues to impress. As they used to say, “Get a load of this!“

In 2012 Gonja Wolf was an art teacher at Patrick Henry High School in the San Diego Unified School District. She was monitoring a 25-minute study hall. Administrators at the school had told teachers that frequent bathroom breaks for students would undermine the study hall’s purpose, which was uninterrupted study. They also told teachers to use their common sense. Unfortunately, Ms. Wolf had no common sense.

When a young woman in the class, a freshman, asked to go to the restroom, Wolf ordered her to urinate in a bucket in an adjacent supply room rather than use the bathroom during class.  The bucket was there because Wolf, a think-ahead type of person, purchased the bucket, she said, to serve as a toilet in case of a security lockdown, and had even used the bucket for emergency peeing herself. (I should have put this story in the “I Can’t Believe I’m Writing This” file.) She said she misunderstood the school’s instructions about bathroom breaks, but thought it was a good idea. To have students pee in a bucket. She actually said this under oath.

Yes, sadly, Gonja Wolf is an idiot. Continue reading →

My Breakfast Confrontation At McDonald’s

/ Jack Marshall / 76 Comments

mcd-checkout

I’ve been mulling this experience for a while, and since it still ticks me off, and since today seems like an especially provocative time to raise it, here it comes.

I was accompanying my wife as she went to a clinic for some early morning outpatient surgery, and as she waited in the one-chair-short reception room, I went next door to a McDonald’s to order breakfast. As usual, my wallet had moths flying out of it, so I knew it was going to be a debit card purchase. My apparently mute clerk took my order —remember when Ray Kroc insisted that every employee say “Hello!” and “Thank-you”? Now you are lucky to get eye contact and a grunt—the modest amount appeared,  and I swiped my card. The machine told me that the card was rejected. I swiped again. Rejected again.

“OK, now what am I supposed to do?” I asked. : This is a good card, and there is plenty on money in the bank.”

My clerk  said only, “Pay!”

“I can’t pay, because of your stupid machines. I want to buy my breakfast. This is my only means of payment. The card readers is  malfunctioning!”

She said again, louder and with irritation, “PAY! PAY!”

“Don’t tell me pay pay, because I just told you, I tried to pay pay, and  your equipment won’t let me pay pay! Find a way for me to pay!” I replied, with the delightful intensity for which I am well-known.

Now she started angrily shaking the receipt at me, shouting PAY three times and nothing else, apparently having reached the zenith of her language skills.

“LOOK!” I said. “This is your store. All I want to do is pay a lousy 7 bucks for a sausage biscuit and a coffee, and this machine is stopping me. I can’t pay if your lousy equipment isn’t maintained. FIND A WAY FOR ME TO PAY! That’s your job!”

You’ll never guess her response.

No, go ahead, guess. Continue reading →

Fake Legal Résumé Ethics

/ Jack Marshall / 14 Comments

fake-resume-usaWhat the legal profession will regard as conduct that calls into question a lawyer’s honesty sufficiently to disbar him is a mysterious and unpredictable area. Remember, John Edwards never received as much as a rap on the wrists for his exorbitant lying to hide the fact that he had a mistress and a love child while he was running for President in 2008. Now the Michigan Attorney Discipline Board has been affirmed in its decision to disbar lawyer Ali Zaidi for having false credentials and representations on his professional resumé.

I would expect that to send chills down many a lawyer’s spine, since professional resumés of lawyers and non-lawyers alike are so frequently loaded with puffery that it is almost an “everybody does it” ethical breach. (This is my favorite, the long-time lie of Clinton crony Bill Richardson.) Fortunately for most of them, the Rules of Professional Conduct involving honesty are narrowly interpreted to exclude all but violations of law, breaking official pledges, defaulting on loans and lying under oath, unless they involve the actual practice of law. (Lying to a judge, to a client or in a brief is career suicide.) Does a resumé fudge qualify as the unethical practice of law? Not usually: Ziadi’s must have been something special.

It was. Continue reading →