firing for cause

Lowe’s, The Rights Of Racist Customers, And Why Lawyers and Doctors Aren’t Like Deliverymen

/ Jack Marshall / 19 Comments
Now, if Lowe's drivers had law degree's, this would be a different story....

Now, if Lowe’s drivers had law degree’s, this would be a different story….

A fascinating story unearthed by master ethics sleuth Fred:

In Danville, Va., a customer specifically asked that a Lowe’s delivery be administered by delivery personnel who was not an African American. Marcus Bradley, the black driver assigned to the delivery, was called back to the store, and replaced. When the woman who made the request was interviewed, she said, “I got a right to have whatever I want and that’s it…No, I don’t feel bad about nothing.”

For hiss part, Bradley said that he was surprised that the store didn’t stand up for him, but that he would stay in his job. “I mean I gotta work. I’m going to keep going to work like I’ve always done. But I would think Lowe’s would take it into consideration to think about what they’re doing next time,” he said.

Lowe’s corporate office, when informed about the incident, released a statement that said in part… last week, and they said they’d look into it. Wednesday, we received this statement: Continue reading →

This Prosecutor Was Fired For A Non-Apology Apology, But He Should Have Been Fired Long, Long Before That

/ Jack Marshall / 6 Comments
Bias bone or no bias bone? Wait---WHAT THE HELL IS A BIAS BONE???

Does Karl Price have a bias bone or no bias bone? Wait—WHAT THE HELL IS A BIAS BONE???

Karl Price, up until recently an assistant Jefferson County (Kentucky) district attorney,  was suspended last month for making derogatory remarks in court about gays, immigrants and the disabled.  First he was reprimanded for disparaging a Korean American family, but The Courier-Journal published a story showing that Price had denigrated defendants  in court many times and had even been admonished for it by judges. This prompted a review by the county attorney’s office that turned up more such incidents. One example: At an arraignment of a black defendant who was caught after running away from police, Price, an African-American, said, “I thought you black guys could run, but you never get away from police!”

Query: What kind of supervisor only finds out about long-term misconduct by an employee in public proceedings after reading about it in the local newspaper?

County Attorney Mike O’Connell offered Price, who had worked as an assistant prosecutor in the office for 25 years (“without complaint,” we are told, which may only mean the newspapers didn’t report the complaints)  a chance to keep his job if he submitted a sufficient apology for his conduct. Price submitted a letter that qualifies as a Level 9 or 10 on the Ethics Alarms Apology Scale. It was  a “deceitful apology, in which the wording of the apology is crafted to appear apologetic when it is not (#9) as well as “an insincere and dishonest apology designed to allow the wrongdoer to escape accountability cheaply.” (#10).

Price guaranteed the #9 rating when he began his apology by including the magic phrase, “if I have offended anyone…” He cemented a #10 rating by loading his letter with rationalizations. He wrote that he had been treated unfairly, arguing that other prosecutors have been given “several second chances” [Rationalization 39. The Pioneer’s Lament, or “Why should I be the first?”] and that his predecessor in arraignment court said “far more outrageous” things than he did [Rationalization Number 1: Everybody Does It].

Then this: Continue reading →

The Trooper,The Law Clerk, And The Deer

/ Jack Marshall / 12 Comments
This was all YOUR fault...

This was all YOUR fault…

Prof. Jonathan Turley would make this an ethics quiz, but not me.

He is troubled that a law clerk ended up an ex-law clerk after publishing a gratuitously nasty post on Facebook expressing her unseemly lack of sympathy for a New Jersey state trooper who died when his car collided with a deer. (Another trooper traveling with him was injured.) Turley shares my concern regarding the trend of employers punishing employees for their comments on social media, but in this case, I don’t have any sympathy for the clerk at all.

Responding to other Facebook commenters who expressed sorrow for the dead trooper and called him a hero, Leslie Anderson, who clerked for a News Jersey judge, Middlesex County Superior Court Judge Travis L. Francis, expressed strenuous dissent, writing,

“Not that sad, and certainly not ‘tragic,’ Troopers were probably traveling at a dangerously high speed as per usual. Totally preventable. At least they didn’t take any of the citizens they were sworn to serve and protect with them…The ‘victim’s’ employment as a state trooper is irrelevant to the circumstances, other than the fact that he injured a fellow trooper and destroyed state property as a result of his recklessness. He wasn’t running into a burning building or otherwise acting within the course of his employment at the time of the accident. The outcry and ‘thank yous’ are absurd, nonsensical, and completely unwarranted. There are people in this country and around the world dying for much less. There is nothing ‘tragic’ about this. Get over yourselves and your sense of entitlement, people . . .

Nonetheless, I agree that it is sad and heart wrenching for the family members left to suffer the consequences of the Trooper’s recklessness — especially for the deer family who lost a mommy or daddy or baby deer.”

Jerk. Continue reading →

Confounding Update To The United/Tahera Ahmad/Diet Coke Episode

/ Jack Marshall / 10 Comments

Question_markWhen I posted with disgust on the Tahera Ahmad story (a Muslim-American woman who reported on Facebook that she was discriminated against by a stewardess and subjected to verbal abuse by a passenger on a United Airlines flight, and that no passengers came to her aid of defense), I noted that the facts seemed hard to believe, and that my commentary was based on a presumption that the account was true without knowing whether they were.

Now there have been two developments that provide additional perspective on the incident, and no enlightenment whatsoever.

First, United announced that it has investigated the incident, and fired the flight attendant. This would suggest that Ahmed’s account had at least some validity…or that the flight attendant got a fat settlement as United fired her to avoid a public relations battle with Muslim groups.

Second, this was posted on FlyerTalk Forums: Continue reading →

Atrocious People, Part III: The “Fuck Her Right in Her Pussy” Saga

/ Jack Marshall / 13 Comments
He started it.

He started it.

How did I miss this offensive, disgusting story presaging the end of civilization? I mean, I’m rather glad I did, and am now sorry to have to confront ugly reality (Gee, thanks, Mediaite!) But it has been a phenomenon for nearly a year, and one reason it escaped my notice is the news media’s infantile and cowardly refusal to publish key information directly when they think it might offend someone, or sometimes when they fear Islamic maniacs might kill them for it.

Journalists do realize that their job is to inform, not talk in code, right? This story was commonly refereed to as FHRIHP. Catchy. Also completely useless, unless you already knew what the letters stood for.

But I digress.

Or perhaps I’m stalling.

About a year ago, some boor trying to create a meme and sell crude t-shirts created fake video featuring a crazy old guy in a hood grabbing a female TV reporter’s microphone in a live shoot and yelling, “Fuck her right in her pussy!” This “hilarious” prank went viral even after it was revealed as a hoax. But because there are a lot of males whose mental and emotional age is about 12 and whose manners would be inappropriate in a barn, the practice of bystanders “videobombing” live broadcasts by screaming “FHRIHP!” started becoming a professional hazard for on-the-scene reporters, causing re-takes, expense, and embarrassment. This has been going on all this time.

Let me pause to say that screaming “FHRIHP!” isn’t humor. It isn’t witty, it isn’t clever, it isn’t even original. It’s vulgar, gratuitous disrespect and misogyny. Waving at the camera and mouthing “Hi Mom!” is stupid; this isn’t even that. It’s anti-social behavior. It’s life pollution. It makes mooning out the windows of cars look sophisticated. It makes pooping out the windows of cars look sophisticated. Do I make myself clear? Continue reading →

Emoji Ethics…Oh, All Right, I Won’t Be Coy: The Unethical Firing Of Chad Franks

/ Jack Marshall / 22 Comments

Screen-Shot-2015-04-28-at-10.50.42-PM

Would you fire someone based on that tweet? Is it so horrible to you, so seering to your senses, that it warrants harming a human being’s career and welfare? Can you even detect what it was that got its author fired? Could the person doing the firing believe that he or she would deserve firing for such a tweet, as in, say, The Golden Rule?

Has the world gone mad?

First the basics: What the hell is an emoji? From Wikipedia:

“Emoji (絵文字（えもじ）are the ideograms or smileys used in Japanese electronic messages and Web pages, the use of which is spreading outside Japan. Originally meaning pictograph, the word emoji literally means “picture” (e) + “character” (moji). The characters are used much like ASCII emoticons or kaomoji, but a wider range is provided, and the icons are standardized and built into the handsets. Some emoji are very specific to Japanese culture, such as a bowing businessman, a face wearing a face mask, a white flower used to denote “brilliant homework,” or a group of emoji representing popular foods: ramen noodles, dango, onigiri, Japanese curry, and sushi. The three main Japanese mobile operators, NTT DoCoMo, au, and SoftBank Mobile (formerly Vodafone), have each defined their own variants of emoji. Although originally only available in Japan, some emoji character sets have been incorporated into Unicode, allowing them to be used elsewhere as well. As a result, emoji have become increasingly popular after their international inclusion in Apple’s iOS in 2011 as the Apple Color Emoji typeface,which was followed by similar adoption by Android and other mobile operating systems. Apple’s OS X operating system supports emoji as of version 10.7 (Lion).Microsoft added monochrome Unicode emoji coverage to the Segoe UI Symbol system font in Windows 8 and added color emoji in Windows 8.1 via the Segoe UI Emoji font.”

In short, they are tiny pictures increasingly used by Twitter freaks to jazz up their tweets. If you don’t look for them, you may miss them. They are, essentially, cartoons.

Chad Shanks, who ran the NBA Houston Rockets’  Twitter account as the team’s digital communications manager, posted the above tweet to celebrate the impending end of the first-round NBA play-off series with the Dallas Mavericks. The emoji of a pistol pointed at a an emoji of a horse’s head—the Mavericks’ mascot is some kind of a horse-human hybrid monster—in the upper left-hand corner was deemed by management so vile that Shanks’ head had to metaphorically roll. The shocking, PTSD triggering tweet with its reference to cartoon violence was deleted and sent to cyber Hell, and Shanks grovelled an apology, writing, via Twitter, of course, that he was no longer with the organization:

“I did my best to make the account the best in the NBA by pushing the envelope, but pushed too far for some and for that I apologize….Sometimes you can go too far. I will no longer run @HoustonRockets  but am grateful to the organization that let me develop an online voice.” Continue reading →

Typo Ethics: Early Accountability Check For Candidate Clinton

/ Jack Marshall / 16 Comments

“From her mother’s own childhood – in which she was abandoned by her parents – to her work going door-to-door for the Children’s Defense Fund to her battling to create the Children’s Health Insurance Program, she’s fought children and families all her career.”

 

That doesn't mean they don't matter, however...

That doesn’t mean they don’t matter, however…

That was the startling news in Hillary Clinton’s long-awaited presidential candidacy announcement: that Hillary has fought families and children all her career. As an ethicist, I find the candor laudable, but I am surprised that Mrs. Clinton is making such a strong bid for the anti-family and child-hating voting bloc.

OK, it’s a typo. The Clinton campaign website fixed it, and her spokespeople reassured the news media “that the former secretary of state has not been secretly fighting children all these years.”

I almost passed on this story, being seldom able to post a typo-free 800 words myself despite reading the damn things repeatedly, but that would have been cowardly. This is not necessarily trivial. This bears some watching. I know that the large Hillary Zombie Squad, which appears to care only about the former First Lady’s chromosomes and nothing else, won’t give a second’s thought to this if her destruction of e-mail evidence and willful skirting of her own agency’s transparency and security policies don’t trouble them, but it is not insignificant. Continue reading →

The Case Of The Too Candid Catholic Teacher

/ Jack Marshall / 33 Comments
"You can unzip it, Patricia, when you work somewhere else...."

“You can unzip it, Patricia, when you work somewhere else….”

Apparently I missed another “media firestorm,” so allow me to catch up, particularly since the analysis of this story has been muddled beyond comprehension.

Patricia Jannuzzi, a religion teacher at Somerville’s Immaculata High School, posted this on her personal Facebook page:

jannuzzi-fb-post

This being the internet, after all, someone sent it far and wide, with resulting embarrassment to the school. Jannuzzi, a theology teacher with Immaculata for 33 years, was ordered to de-activate her Facebook page after an online petition   demanded that she be punished. Jannuzzi was placed on administrative leave,  and the school administration notified alumni, parents and students, in a letter that said in part,

“This episode has reflected not only on this teacher but, by extension, on Immaculata High SchoolWe regret deeply any hurt this has caused to any individuals and the negative light in which it has cast our school….Although these were posts to a personal social media page, Immaculata High School recognizes the need to ensure that our faculty, staff and students full understand the behaviors expected of them as members of our community and recognize our intolerance of discriminatory behaviors of any kind.”

Points: Continue reading →

Shortest Investigation Ever: Determining Whether It Was Inappropriate For The Middle School Vice Principal To Say In A Video, “I Don’t Like Black Kids”

/ Jack Marshall / 20 Comments
"Wait, let's not leap to conclusions...maybe he's not dead."

“Wait, let’s not leap to conclusions…maybe he’s not dead.”

In Fresno, California, Scandinavian Middle School vice principal Joe DiFilippo was recorded on video by a student saying, “I don’t like black kids” in the cafeteria. The video was then posted on YouTube. Fresno Unified School District officials said DiFilippo has been placed on paid administrative leave pending an investigation.

Maybe I’m suffering from a momentary lack of imagination, but what else do they need to know? I understand union rules and the need for due process, but what findings could possibly, ever, under any circumstances, allow DiFilippo to keep his job? 11% of the school’s students are black. Why would they ever feel secure going to a school where an administrator said such a thing in the school? (I’m assuming the man didn’t really say, “I don’t like black kids any more or less than I like any other kids, as everyone in the school knows.” Watching the video would presumably make that possibility moot.)

District officials say they are investigating “the context in which the comment was made.”  What possible context could mitigate that statement? Let’s see…maybe he was talking about not liking them for special purposes, like snacks or as piñatas? “I don’t like black kids..when they’re on fire? When they are holding Uzis on my family? When they sing the Sponge Bob theme song”?

It doesn’t matter! If there is anything the man doesn’t like about black kids that he accepts about white kids, he’s not qualified to be a vice-principle.

Every second Mr.Fillippi doesn’t resign, he’s wasting time and money, and proving that he is just as big a fool as the video shows him to be. If no investigation can save  him, then he shouldn’t wait for an investigation to do the right thing.

 

Remember The Title, “When An Apology Isn’t Enough: Carol Costello’s Ugly Partisan Bias”? An Apology Still Isn’t Enough.

/ Jack Marshall / 5 Comments
"Dear Carol..."

“Dear Carol…”

As Joe Concha reports on Mediaite, the media drumbeats are growing louder in the news media jungle, calling for Carol Costello to deliver an on-air apology when she returns to the CNN morning broadcast Monday. Various media critics, including the Washington Post’s Erik Wemple (whose judgement is inherently suspect after pronouncing the smug and biased CNN anchorwoman “outstanding”), Fox’s inconsistent Howard Kurtz, and even CNN’s own Brian Stelter, have declared unacceptable Costello’s vicious, personal, plainly partisan glee while introducing a tape of Bristol Palin giving her account of what she claimed as was a physical attack on her by a larger man.  (Then there’s me.) Concha concludes,

“Throw in the growing-in-popularity hashtag (#firecarolcostello) on Twitter, a CNN Should Fire Carol Costello Facebook page, and a boatload of hypocrisy after she called for an ESPN analyst (Stephen A. Smith) to be suspended for insensitive comments he made about women’s abuse during the Ray Rice controversy, and you have an embattled anchor whose only option at this point is to ask for forgiveness on CNN (a mandatory two-week vacation afterward might not be a bad idea, either).”

As I explained at the time, Costello was wrong, and stupidly wrong, about Smith, as indeed she is wrong with remarkable frequency, and annoying even when she isn’t. Hypocrisy is only a small sliver of her problem, and no apology will cure what her gratuitous attack on Palin’s daughter reveals beyond question. She can express contrition to Bristol, but again, it doesn’t matter: her words, and the fact that she was unable to restrain herself sufficiently to avoid saying them on the air prove that she is unacceptably biased for a journalist. So great is her partisan hate that she takes glee in bodily harm being inflicted on the children of a popular conservative figure. So alien to Costello are the values of professionalism, fairness and respect for her viewers that she actually said, on the air, that her favorite part of the tape was the part where Palin said she had been called a cunt.  Continue reading →