Tag Archives: firing for cause

Unethical Protest, Unethical Protesters, Just Desserts

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

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The Flynn Fiasco: Flynn Doesn’t Understand That Ethics Thingee, And That’s Reason to Fire Him All By Itself

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From The Daily Caller:

In the final hours before his resignation, now-former White House National Security Adviser Michael T. Flynn said he “crossed no lines” in his discussion with Russia’s ambassador, but ultimately he was most concerned about the steady stream of leaks to reporters based on classified information.

“In some of these cases, you’re talking about stuff that’s taken off of a classified system and given to a reporter. That’s a crime,” Flynn told The Daily Caller News Foundation Investigative Group during a telephone interview from his White House office on Monday.

“You call them leaks. It’s a criminal act. This is a crime. It’s not just a wink and a nod,” Flynn said.

Signature significance: any time an official under fire claims that he”crossed no lines,” he or she is asserting The Compliance Dodge, Rationalization #6 on the list:

5. The Compliance Dodge.

Simply put, compliance with rules, including laws, isn’t the same as ethics. Compliance depends on an individual’s desire to avoid punishment. Ethical conduct arises from an individual’s genuine desire to do the right thing. The most unethical person in the world will comply if the punishment is stiff enough. But if he can do something unethical without breaking the rules, watch out!

No set of rules will apply in all situations, and one who is determined to look for loopholes in a set of laws, or rules, or in an ethics code, so that he or she can do something self-serving, dishonest, or dastardly, is likely to find a way…

In an earlier version of #6, this was called the Al Gore Dodge, in honor of then Vice-President Gore, who had been caught engaging in some of the slimy Clinton administration fundraising machinations, and  justified his conduct by arguing that “no controlling legal authority” prohibited what he did, which was to raise campaign funds  from his office in the White House. Flynn lied to the  current Vice-President and attempted to cover-up his conversation with the Russian ambassador. The FBI was spying on him at the time, which raises other issues. But even if the FBI’s surveillance was a part of a rogue operation by Sally Yates to take over the government and make Barack Obama King, it doesn’t change what Flynn did, or make his conduct any more acceptable. Continue reading

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Ethics Observations On The Michael Flynn Resignation

flynn

We woke up this morning to this…

Michael T. Flynn, the national security adviser, resigned on Monday night after it was revealed that he had misled Vice President Mike Pence and other top White House officials about his conversations with the Russian ambassador to the United States.

Mr. Flynn, who served in the job for less than a month, said he had given “incomplete information” regarding a telephone call he had with the ambassador in late December about American sanctions against Russia, weeks before President Trump’s inauguration. Mr. Flynn previously had denied that he had any substantive conversations with Ambassador Sergey I. Kislyak, and Mr. Pence repeated that claim in television interviews as recently as this month.

But on Monday, a former administration official said the Justice Department warned the White House last month that Mr. Flynn had not been fully forthright about his conversations with the ambassador. As a result, the Justice Department feared that Mr. Flynn could be vulnerable to blackmail by Moscow.

Ethics Observations:

1. Good. Good because it was evident from the beginning that this was a questionable appointment by Trump. Flynn is a hoax news addict and a well-established loose cannon.  Good also because  his removal was fast.

2. Naturally, the news media spin, since the idea is always to make the President look as bad as possible,  is that this is a record for short tenure. The previous administration stuck with demonstrably incompetent, corrupt or untrustworthy officials for months, years and in the case of Eric Holder, more than a full term after they had shown that they were liabilities. There is no honor in giving power to someone who is unqualified and unworthy like Flynn, but it vastly compounds the breach of duty to hesitate to fire them as soon as their disqualifications are known. In this respect, at least, the President’s CEO habits, and his fondness for saying, “You’re fired,” served him, and the American people, well.

3. Next up: learn to deal with such unpleasant situations without making them worse with lies, obfuscation and transparent deception. Kellyanne Conway yesterday said that Flynn had the President’s “full confidence,” an obvious lie from the second the words left her mouth. (Conway would be a good candidate for the next hook. Or Reince Priebus. Or Sean Spicer. Or Steve Miller. Or Rudy Giuliani….) Then Trump denied that he was aware of Flynn’s deceptions, even as contrary news reports were flashing. This is just incompetent, and there is no excuse for it. Admittedly, this President has no reputation for truth to shatter, but these Jumbos (“Elephant? What elephant? “) make a leader look stupid or contemptuous of the intelligence of the public. Continue reading

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The Naked Teacher Principle, Ex-Porn Star Variation

That's porn star Robyn (the blonde) on the left, in one of her online photos I can publish; and Resa, empowering teacher of young girls, on the left.

That’s former porn star Robyn (the blonde) on the left, in one of her online photos that I can publish; and Resa, empowering teacher of young girls, on the right.

It has been a while since the last Naked Teacher Principle episode. This one is pretty much standard, with the usual attendant lessons.

For the uninitiated, The Naked Teacher Principle (NTP), to which there are many sub-categories (my personal favorite is the “Naked Teacher Who Paints With His Butt While Wearing A Bag Over His Head Principle”), is this:

“A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result.”

The first formulation of the NTP can be found here. The annals of this endlessly diverse issue are here.

Now the saga of Resa Woodward, aka Robyn Foster. Continue reading

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Sally Yates Is Not A Hero. Sally Yates Is An Unethical Lawyer, And “Betrayal” Is Not Too Strong A Word For Her Conduct

yates

When you read pundits, journalists, your Angry Left Facebook  friends and even a few misguided lawyer proclaiming Sally Yates a hero, trust me, they either don’t know what they are talking about, or they are have allowed bias to make them stupid.  The Justice Department’s acting Attorney General who was fired minutes ago for refusing to defend President Trump’s Executive Order regarding Middle East immigration was not acting heroically. She was acting as a partisan, political operative, and by doing so, breached her duties an attorney as well as the District of Columbia Rules of Professional Conduct.

And I do know what I am talking about.

Yates was a holdover from the Obama administration, but to an ethical lawyer, that wouldn’t have mattered. Her client hadn’t changed; it is the United States of America. Neither had her professional obligations. Her client was still the government of the United States, and she was still duty bound to defend its laws, as determined by the legislature and the executive, the President of the United States. Under the Rules of Professional Conduct of the jurisdiction in which she practices, the District of Columbia (the Rule is 1.13) Yates had but one ethical option if she determined that her client wanted to engage in conduct she deemed illegal, repugnant, or unwise. Having made her concerns known, she could resign (Rule 1.16) , and quietly. She is duty bound not to harm her client during the representation (Rule 1.3, of which the District has an especially tough version), nor make public statements, or statements she has reason to believe will be made public, that breach her duty of loyalty. In defiance of all of that, tonight Yates stated, in a letter to her department’s lawyers,

“At present, I am not convinced that the defense of the executive order is consistent with these responsibilities, nor am I convinced that the executive order is lawful.”

The only ethical conclusion of that statement is “therefore I am withdrawing.” Yates said that her decision not to defend the order included questions not only about the order’s lawfulness, but also whether it was a “wise or just” policy. That’s not her job. Lawyers are not permitted to substitute their judgement for their clients.

She was fired, and should have been. She should also be the subject of am ethics inquiry. This has nothing to do with the merits of Trump’s order. Former Harvard professor (and legal ethics prof) Alan Dershowitz, hardly a GOP flack, said tonight that Yates’ decision wasn’t legal, but political. Exactly. As a lawyer, she should have made her position clear from a legal perspective to the President, and then either followed his directive or quit. Her rogue announcement contradicted a finding by the Justice Department’s Office of Legal Counsel, which  approved the executive order “with respect to form and legality.” Nor did her outrageous grandstanding require courage. She was not going to keep her job anyway, so she decided to abuse the trust of the President to encourage partisan Trump-haters to hoot and applaud for an act of legal ethics defiance. (Ethics rules don’t apply when Donald Trump is involved, haven’t you heard?)

Yates is also a hypocrite. The Holder Justice Department, of which she was a part, defended multiple Executive Orders by President Obama that were legally dubious, and other actions as well. That Justice Department was one of the most disgracefully partisan within memory, a neat trick, since we have had a couple of decades of unethically partisan Justice Departments. Yates showed her pedigree tonight. She used her position as an attorney–the highest one there is—for her client, the United States, to undermine her client’s objectives, publicly and to her client’s detriment. The Trump administration has called this a betrayal.

That’s exactly what it is.

(More here..)

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From The “How Often Can Something Like This Happen In An Ethical Profession?” Files: The Art Teacher’s Meltdown

I know a lot of teachers get angry with me for my increasing certitude that they are in an unethical profession with some ethical members (like them), rather than an ethical profession with isolated unethical exceptions. This incident supports my critical views. Unless mental illness is involved, an adult doesn’t belong to a profession with well-defined standards and ethics rules and act like this.

At W.H. Adamson High School in Dallas, Texas, art students were treated to an epic meltdown by their teacher, Payal Modi, who screamed “Die!” and shot President Trump’s image on the screen with a water gun as students watched his inauguration on TV.  A student caught this on video, and Modi, who was proud of the planned display, posted it to her Instagram account.

This is more political indoctrination the classroom, which educators not today only tolerate but nurture. A teacher modelling violence toward any individual, but especially the President of The United States, in front of students, is such a stunning breach of professional ethics that no teacher should  have the idea even flicker across her mind. Payal Modi planned it.  A teacher who behaves like this cannot be trusted with students. A teacher like Modi calls into question everyone and every institution connected with her.

Adamson High School assistant principal Bobby Nevels confirmed that Modi shot the squirt gun at the TV, during class and in front of students. It is six days later. Why does she have a job? Why has the school not made a public apology? Why hasn’t the teachers’ union condemned her actions?

In eight years, no teacher did anything displaying close to this level of hostility and disrespect to President Obama. What do you think the reaction would have been by a school district if one had? Would the official position be, as Nevels’ was, “The district will not comment on personnel issues.” How about reassuring parents and the public that the district recognizes that this isn’t just a personnel issue, but an incident that calls into question the integrity of the education system and the  teaching profession? Modi is the product of an unethical culture that is rotting public education from within.

Is there a specific Teachers Code of Conduct provision, enforced and universal, that would guide a teacher not to do something this outrageous? The NEA has a Code, but there is no enforcement mechanism. There is also no prohibition against demonstrating hostility and disrespect toward public figures, or engaging in violent displays in class. Here are the provisions relevant to Modi’s meltdown: Continue reading

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The 8th Annual Ethics Alarms Awards: The Worst of Ethics 2016, Part 2

pope-trump

Part II of the Worst continues with education horrors, legal outrages, the Lie of the Year, and more.

Above? That’s obviously the…

Fake News of the Year.

Now the rest..it doesn’t get any better.

Biggest KABOOM! 

exploding-head

The YMCA Slavery Recreation.  You know, even looking through this category was dangerous. I had forgotten about all these stories, which, by definition, were all horrible. This one, from February, however, had to be the winner. The YMCA Storer Camps in Jackson, Michigan included an “educational” activity called “Underground Railroad” in which black children were asked to play runaway slaves, as some teachers and camp instructors acted as slave masters, chasing them down using real horses. Once captured, the children were “auctioned off.” The principal of the school that subjected its pre-teen students to the slavery simulations rather than the other better known YMCA camp activities like nature hikes, kayaking, canoeing, horseback riding and sitting around campfires responded that he didn’t expect the uproar, since no student had ever complained before.

Most Unethical High School Discipline

Red Mountain High School  in Mesa, Arizona. On a dare from a friend, high school football player Hunter Osborn briefly flashed his naughty bits in the team photo. Nobody noticed, including the yearbook’s faculty advisor, so the photo was published in the school yearbook.  Months later, the gag was discovered. Even though the photo was so small that offending nudity was virtually invisible to the naked eye, the school had Osborn was arrested and charged with 69 counts of indecent exposure. The charges were dropped because none of the 69 “victims” pressed charges.

Most Unethical No-Tolerance Action

hazel-tweet

John Glenn High School in Suburban Detroit.  The offense: “Inappropriate use of electronics in the restroom.” The conduct: Hazel Juco, a 17-year-old student, went to the school’s bathroom to wash her hands. When she turned on the faucet, ugly brown water came out. She then used her cell-phone to take photos of the discolored water and posted it to Facebook and Twitter.

She was suspended, but eventually social media and the local news vindicated her. The water was polluted, and the school district admitted that Hazel was punished for doing the right thing.

Most Unethical School Teacher

(Excluding Rapists)

A Tie! 

1. Malik Leigh, a teacher in Palm Beach Lakes High School’s pre-law academy a kindergarten teacher at Captain Johnston Blakely Elementary on Bainbridge Island, Washington

Leigh’s specialty is indoctrination. Aming his exam questions last year…

“If Donald Trump becomes president of the United states, we are:

A.) Screwed

B.) Screwed

C.) Screwed

D.) Screwed behind a really YUGE wall that Mexico pays for.”

and…

“When performing an opening statement, it is best to:

A. Wink at the Judge

B. find the hottest person on the Jury and focus your words on them

C. Speak to them as if they are cordial friends.

D. Treat them like the MORONS they are.”

He was suspended.

Good.

2. “Jill Watson.” You can’t be a more unethical teacher than when you’re not a teacher at all. Or human.

Naked Teacher of the Year

Leigh Anne Arthur, In a completely warped and unfair application of the Naked Teacher Principle, school district officials in Union County demanded and received the resignation of the engineering teacher  after a student stole her phone, examined its contents and found a semi-nude selfie  intended for her husband’s enjoyment only.The student, who  warned her that “something bad was coming,” sent the images to other students through text messages and social media Arthur sued the school board for wrongful termination, but recently dropped the suit.  The student was charged with a computer crime and voyeurism. The Naked Teacher Principle holds that

A secondary school teacher or administrator (or other role model for children) who allows pictures of himself or herself to be widely publicized, as on the web, showing the teacher naked or engaging in sexually provocative poses, cannot complain when he or she is dismissed by the school as a result. The first formulation of the NTP can be found here.

This obviously does not apply to Arthur. Ironically it would apply to the incoming First Lady if she were a teacher, and arguably applies still, since the First Lady is a role model.

Double Standard Of The Year

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Progressives and Democrats, who performed an immediate U-turn as soon Donald Trump won the election, and after having expressing outrage and indignation when Trump had suggested, about a month earlier, that he might not “accept the results of the election,” which he had claimed was “rigged,” immediately challenged the results of the election, and claimed it was rigged.

And they are still doing it today.

 Lie of the Year

and

Jumbo of the Year

Jumbo film Continue reading

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