fairness

Happy 2012! Your New Year’s Ethics Quiz: “Firing Super-Clerk”

/ Jack Marshall / 14 Comments

Last week, convenience store clerk Eric Henderson was confronted by two female robbers in Pensacola, Florida who demanded that he hand over the cash in his Circle K register.  Henderson  grabbed the gun pointed at him by one of the women, slammed her to the ground, and then chased the two into the street where they fled in a getaway car.

Henderson was promptly fired by Circle K  for violating a company policy that forbids heroics by employees in the middle of attempted robberies. Now Henderson has gone to the media, which is pointing out that he had been unemployed for two years (Occupy Circle K! But how long he had been out of work should have no bearing on the decision whether to to fire him) and that according to Henderson, the unarmed robber was urging her armed companion to shoot him. (Aside: Some of the news accounts also included this hilarious line: “The 30-year-old grabbed the gun pointed at him by one of the alleged robbers…“ Alleged robbers? Can we all agree that when there is an actual  gun to be grabbed, the term “alleged” is idiotic? What else is someone who points a gun at a convenience store clerk? A practical joker? Some one who wants to trade a Glock for Twinkies?)

Your New Year’s Day Ethics Quiz: Was Circle K right to fire Eric? Continue reading →

Comment of the Day: “Ethics Quiz: The Case of the Fake But Accurate Social Security Card”

/ Jack Marshall / Leave a comment

My ethics conundrum regarding the fake but accurate Social Security card solution—the Dan Rather approach, if you will— continued to garner a wide range of responses. Rick, as usual, has delivered one of the most thoughtful and provocative, and it is a worthy Comment of the Day.

Here is his comment on “Ethics Quiz: The Case of the Fake But Accurate Social Security Card”:

It strikes me that sometimes—not always, but sometimes—ethics is on a continuum. There’s the truly ethical, the not unethical, and the unethical, with many finer distinctions to be made.

I don’t running screaming into the night at the idea of faking a card, under the circumstances. Still, the truly ethical thing to do in this situation is to tell the prospective employer the truth. And the availability of all those other possible means of identification is indeed relevant. Provide one of the non-Social Security card alternatives and whatever other documentation is available. Importantly, if the employer, for whatever reason, is unwilling to accept this legally sufficient documentation, you don’t want to work for this person, no matter how much you need a job. Continue reading →

The Drunk, the Bar and the Missing ID

/ Jack Marshall / 3 Comments

I’ve been considering starting a continuing category for unethical law suits, but what interests me about this story is that it coincides with a sudden flurry of new comments on the Shannon Stone post. That concerned the man who fell to his death at a Texas Rangers game last summer after lunging to catch a foul ball for his son. My post argued that when someone does something unequivocally reckless and foolish that leads to his injury and death,  it may be legally advantageous to sue third parties for not anticipating the situation and providing prophylactic safety measures, but is unethical to do so.

It was not one of my more popular posts.

This story, from South Carolina, raises a similar issue. Paraplegic Chelsea Hess is suing Jock’s Sports Grill  because the bartender failed to check her ID and didn’t determine whether she was already intoxicated when, at the age of 20 (in 2009), she drank, drove, and crashed her car, causing her current condition. Hess is also suing the state Department of Transportation, saying the agency failed to properly maintain the shoulder of the road where her car crashed. Continue reading →

Ethics Quiz: The Case of the Fake But Accurate Social Security Card

/ Jack Marshall / 27 Comments

A conundrum I have been asked to solve:

A mother is working to get her foreign adopted child a new copy of his Social Security card, which was lost. The child is a citizen since infancy, and a SS number has been assigned to him, but the process for a naturalized alien to get another is long and fraught with red tape, delays and frustration. So far, replacing the card has taken ten months, though it was supposed to take three. Now the son is waiting for the card to be issued. Social Security says it is waiting for final approval from Immigration, and Immigration says that there is a bottle neck, but not to worry.

Meanwhile, the boy has a standing job offer for a job that he is excited about and that would help family finances considerably. He cannot be processed without a Social Security card, however. And the job will not be held open forever.

For $250, a friend of the mother’s can get a counterfeit Social Security card with the son’s real number on it. He can have it in a week,

Your Question, in the last Ethics Quiz of 2011:

Granted that getting such a fake card is illegal, is it unethical?

None of the agencies involved dispute his citizenship, that he is enrolled in Social Security or that his number is valid. He has a document from Social Security that lists his number. The fake card would not assert anything that wasn’t true, except that he actually had the official card. He would be offering fake proof, but fake proof of something that is undisputed and true.

Is this one of the rare cases when conduct would be both illegal and ethical?

I’ll take your responses and update this with commentary later.

The Romney and Paul Smears: Time For U.S. News Media To Admit Its Bias And Address It

/ Jack Marshall / 11 Comments

"Mitt Romney is the one in the middle. Or so we're told. Seems plausible to us."

Although the left-leaning bias of the majority of the news media is frighteningly/absurdly/amusingly/frustratingly obvious (depending on your point of view) every single day, the standard response to complaints remains, 1) “What about Fox?” and 2) “Bias? What bias?”  The latter response, if not proof of dishonesty or pathological denial, is one of the symptoms of the problem: the mainstream media is so used to being biased that bias is now the status quo.

There has been plenty of evidence in 2011, however, that the problem is getting worse, and both the public and self-government are being badly served as a result. Recently there was another flutter of statements from pundits and others, like Bill Clinton, that the media obviously favored Obama over Hillary Clinton in the 2008 Democratic presidential nomination battle. Of course it did. That the media then went on to outrageously tilt its coverage in Obama’s favor durin the campaign for the general election is hardly capable of contradiction: Obama was on more magazine covers, got more video time, received more consistently hagiographic stories, his questionably-qualified running mate was barely criticized while the press couldn’t attack McCain’s enough…in short, it was a disgraceful abdication of professional duty. How can journalists decry the influence of Super-PACs and big money in elections when the news media, the most powerful communications factor of all ( because it has—still—the remains of a reputation for being objective, fair and accurate) is consistently biased? Not only is that a bigger problem, it is one journalists themselves have the power to fix…if they wanted to, if they cared. Continue reading →

Dear Ethics Alarms: We Are Stealing Your Content. Love and Happy Hollidays, The Making Relationships Site

/ Jack Marshall / 2 Comments

I think this is strange.

Yes, it's true: Nelson may be running a relationship website.

Ethics Alarms got a trackback, which means that a website notified me that it had used a post here. I get these all the time, and sometimes it leads me to a new source of ideas, or new professional relationship. A site has quoted or re-posted some or all of an essay, and that is fine with me.

This trackback led me to a website called “The Making Relationships Site,” and there was my recent post about Zenas Zelotes, the Connecticut lawyer who argues that it’s good for a lawyer to have a romantic relationship with his client. What wasn’t there was a link to the blog, a reference to Ethics Alarms, or any credit to me as the author. My post was presented as the original content of  The Making Relationships Site. The re=post permitted no comments, so I couldn’t write a “What the hell are you doing?” comment, and the site includes no information about who operates it or how to contact webmaster.

But whoever it is was kind enough to let me know, via the trackback, that it had stolen my post. This is the fickish behavior of being candid about being unethical, which also carries an implication of shamelessness, and a dash of Nelson Muntz, the bully on The Simpsons whose reaction to everybody’s misfortune is to point and laugh.

I’m not especially worked up about the theft itself. I don’t like it, but I assume my work will be lifted without attribution from time to time; it goes with the job, though stealing articles about ethics has an especially oxymoronic tinge.

But for a site to make sure that I know about it is strange. Now I’m send it a trackback, so the operators know that  The Making Relationships Site is the first official online fick.

Fairness for Ron Paul

/ Jack Marshall / 15 Comments

So as not to leave you in suspense longer than necessary, let me be direct: fairness to Ron Paul means firmly declaring him unqualified to run for President on the Republican ticket in 2012.

The reason is old, which means that we should have been having this discussion months ago, before Paul first set foot on a debate stage. In the late Eighties and Nineties, while Paul was out of Congress, he published a group of newsletters to true believers called “The Ron Paul Political Report,” “Ron Paul’s Freedom Report,” “The Ron Paul Survival Report,” “The Ron Paul Investment Letter,” and “The Ron Paul Greyhound Racing Tip-Sheet.”  Okay, okay, I’m sorry: that last one is made up—I couldn’t resist. But the others are real.

Also real were periodic statements in the newsletters that could charitably be called “racially-insensitive” or not-so-charitably be called “racist.” Paul has been questioned about these before, and in the run-up to the Iowa Caucuses where he is a genuine contender is being grilled on them again. Yesterday, he walked out of a CNN interview when Gloria Borger refused to let the subject go. Continue reading →

Sarah Palin, Obama and The Dumbest Christmas Controversy of the Year

/ Jack Marshall / 2 Comments

Not Christmasy?

The President of the United States, especially this one, is blamed for enough without having to endure trumped up charges on trivial issues. Nevertheless, some Republicans and conservative pundits are criticizing President Obama because his Christmas card and the National Christmas Tree aren’t Christmasy enough.

Yes, I really wrote that. I can’t believe it myself. Sarah Palin, echoed by a chorus of talk radio hosts, finds the Obama card “odd” because, she says, it doesn’t feature traditional American values like “family, faith and freedom.” No, it features traditional Christmas imagery like a crackling fire, gifts, Christmas greenery and a Poinsettia plant. At least it isn’t a Gary Larson “Far Side” Christmas card, or the legendary Charles Addams card with the empty manger and a tiny foot sticking out of the cow’s mouth. Who appointed Sarah Palin the Christmas card critic? The card reads,

“From our family to yours, may your holidays shine with the light of the season.”

Completely appropriate. Then there is the tree, which, breathlessly reports the CNS News Service:

“… includes a prominently displayed ornament paying homage to President Barack Obama, but includes no ornament readily visible to a person standing near the tree’s base that uses the word “Christmas,” or includes an image of the Nativity, or bears the name or image of Jesus Christ.”

Wait, I’m checking...oops! Neither does mine! Well, mine has a bunch of angels, now that I check it. And so what? If the government isn’t in the designating official religion business, and it’s not, a religiously neutral tree is completely sensible. Oh, I’m not saying hanging a wise man ornament or two would be a constitutional crisis, but isn’t it enough that Obama has a Christmas tree, instead of Rhode Island Governor Lincoln Chaffee’s politically correct, pusillanimous “holiday tree”?

Christmas is a cultural holiday celebrated by Americans of all creeds. There is nothing wrong with the tree omitting Christian symbols completely, much less having “no ornament readily visible to a person standing near the tree’s base that uses the word “Christmas,” or includes an image of the Nativity, or bears the name or image of Jesus Christ.”

Give me a break. Give Obama a break. Give us all a break. Be fair.

After all, it’s Christmas

So Who Do We Trust To Fight Crony Capitalism?

/ Jack Marshall / 5 Comments

Shut out of the last Iowa debate because of low poll numbers, earnest, honest, ethical, reasonable, intelligent and boring candidate Jon Huntsman gave his assessment of the event to ABC’s Christiane Amanpour, saying that the main issue facing the country was a trust deficit:

“The most important issue of all was not even touched upon and that is the deficit of trust we have in the United States, in fact it may have played right into the trust deficit. That is, nobody trusts Congress anymore. We need term limits in Congress, we need to close the revolving door that allows members of Congress to move right on into the lobbying profession. No one has trust anymore towards the executive branch, no one trusts Wall Street with the banks that are too big to fail. So I would argue that the issues that are most salient in our political dialogue today were not even touched upon last night…”

Huntsman is right. It was especially astounding that this issue wasn’t addressed in the debate (and that those crack moderators Diane Sawyer and George Stephanopoulos  didn’t mention it) after more than a month of Occupy Everywhere protests that sorta-kinda dealt with the trust issue (oh,  what a little focus could have wrought!)  and the recent “60 Minutes”  expose on insider trading by members of Congress. Also preceding the debate was this trust-buster: in July of 2008, Bush Treasury Secretary Hank Paulson held a meeting with select Wall Street fund managers and gave them advance notice of government action that they could use to make significant profits: Continue reading →

Occupy Manny

/ Jack Marshall / 11 Comments

Sing it, Manny! "You load 16 tons, and what do you get? Another day older and a pro-rated 20 million dollars a year.."

I admit it: Manny Ramirez’s existence is a constant irritant to me. I regard him as epitomizing the worst tendencies of professional sports stars, and the attitudes of the most conscience-free who walk among us who make/ society and the culture a little bit worse every day. I was thrilled when his baseball career came to an appropriately sordid end, with his being caught using performance enhancing drugs and retiring o avoid having to serve his suspension, and nauseated when he announced the end of his retirement a few weeks ago, hoping to lure some addled team owner into paying him a million dollars or so to hit home runs and loaf.

Now, thanks to the research skills of baseball blogger Craig Calcaterra, my morning began by learning that Manny is also akin to the recording stars, Hollywood actors, rich politicians and toadying business executives who have tried to pass themselves off as Occupy Wall Street’s virtuous and harshly exploited 99% despite all reason and evidence to the contrary. In an interview in Spanish, Manny was explaining that he might have to travel to Japan to play ball again, and said,“Somos un obrero y donde quiera que haya trabajo hay que ir a trabajar;” in English: “We are the working class and must go where there is work.”

“Working class!” Continue reading →