firing for cause

Afternoon Ethics Refresher, 1/15/2020: Firing, Tweeting, Protesting, Talking Friends Into Suicide…

/ Jack Marshall / 35 Comments

Hello?

Traffic here inexplicably dead yesterday and today. Is there a secret ethics convention nobody told me about? There is, isn’t there? I’m hurt…

1. It’s too bad so many readers don’t pay attention to the baseball posts, because a lot of fascinating ethics issues with general applications arise…like right now. Yesterday, as already mentioned in an update to yesterday’s post and a couple of comments, the Boston Red Sox “parted ways with Manager Alex Cora by mutual agreement.” (He was fired.) In a press conference I just watched, the Red Sox brass said that Cora, who was both successful and popular in Boston, was let go solely because of the MLB investigation report regarding his involvement in cheating while serving as a coach for the Houston Astros in 2017, and the allegations of cheating  while managing the Sox in 2018, still under investigation, played no part in the decision. What they meant is that the Astros cheating was going to result in a long suspension for Cora anyway, so the team didn’t need to wait for the bad news regarding his cheating in Boston.

The weirdest thing about the press conference is that none of the four Sox officials would do anything but praise Cora, his character, his judgment, his dedication to the team, his devotion to baseball. Gee, why did they fire this saint, then? Alex Cora’s character is obviously flawed, or he wouldn’t have masterminded major cheating schemes that cost the Astros 5 million dollars and four key draft choices while losing the jobs of two men who advanced his career. Cora’s judgement also stinks, because his actions have now cast a shadow over two teams, their championships, and the records of the players his schemes benefited.

If he was so dedicated to the team, why is  it now facing a public relations and competitive disaster because of his actions? If he was devoted to baseball, how did he end up at the center of a scandal that undermines the perceived integrity of the game? Continue reading →

Apologies And Other Fallout From The Baseball Cheating Scandal (Updated, And Updated Again)

/ Jack Marshall / 13 Comments

Ex-Astros manager Hinch and “dead man walking” Alex Cora, the cheating mastermind.

Since I posted the initial commentary on Major League Baseball’s tough punishment of the Houston Astros for their illegal sign-stealing (there are legal ways to steal signs too), there have been some interesting developments with ethical implications.

The full MLB report  can be read or downloaded here.

  • One promising development is the widespread discussions of organizational culture that have been taking place in the media. When Astros owner Jim Crane announced that he was firing GM Jeff Luhnow and manager A.J. Hinch, both suspended for a year by the Commissioner of Baseball, he made it clear that the team needed to reform its culture, which had metastasized from  “play to win”  into a “win by any means necessary.”  There were signs of this in Houston long before the sign-stealing was known, when in 2018 the team traded for relief pitcher Robero Osuna while he was suspended for domestic abuse and facing trial—even though the Astros had previously announced a “no-tolerance” policy regarding players and domestic abuse. The team really needed a closer, you see.

The Astros culture, we now can see, was thoroughly compromised by ethics rot, and eliminating one or two managers won’t fix the problem immediately.

  • A prime enabler of that rot was Jeff Luhnow, who traded for Osuna. After he was fired yesterday, he issued this apology:

Continue reading →

Breaking: Major League Baseball Clobbers The Houston Astros For Their Sign-Stealing Scheme, And Red Sox Manager Alex Cora Is In The Cross-Hairs

/ Jack Marshall / 18 Comments

In November, I proposed that the Houston Astros should be punished severely for their sign-stealing during the 2017 and 2018 seasons, the first of which resulted in a World Series Championship. Major League Baseball’s investigation is complete, and today the wrath of the Baseball Gods rained down on the team. MLB didn’t take my advice (stripping the team of its titles), but the actions it dis take were surprisingly and appropriately tough.

The Astros, you will recall,  used illegal cameras and video monitors to steal the signs of opposing catchers at Houston’s Minute Maid Park, then signal those signs to their hitters before pitches by banging on trash cans. This occurred throughout the 2017 regular season and postseason, and during the 2018 season as well. Baseball’s Commissioner Rob Manfred suspended Astros Manager A.J. Hinch and General Manager Jeff Luhnow, fined the team $5 million (the most allowed under the MLB rules)  and took away the team’s top two draft picks in both 2020 and 2021. Hours after the announcement, the Astros fired both Hinch and Luhlow, with owner Jim Crane  saying, “We need to move forward with a clean slate. [We] will not have this happen again on my watch.”

All of this is as it should be. The MLB investigation indicated that Hinch had not been involved in the sign-stealing, but was aware of it and allowed it to continue.

Now the saga moves on to, <sigh>, the Boston Red Sox. Continue reading →

Morning Ethics Warm-Up, 1/2/2020: A Rich Assortment Of Jerks And Assholes To Begin The Year.

/ Jack Marshall / 24 Comments

 It’s finally Getting Back To Normal Day!

I don’t know about you, but I feel like everything’s been one big, holiday/stress/disruption blur since I enlivened Thanksgiving dinner by keeling over. There should be  law preventing Christmas and New Years from falling on Wednesdays, which effectively kills two full weeks. I’m behind on everything, and I don’t know what I could have done to avoid it…

1. Sigh. This is what we have to look forward to in 2020…Ezra Klein, the Left-biased Washington Post journalist who founded Vox, which he then staffed with all Left-biased journalists, tweeted out the link a nine-month-old Post article stating as fact that counties hosting Trump rallies saw massive spikes in hate crimes compared to counties that didn’t host Trump rallies. By Wednesday afternoon, Klein’s tweet had been re-tweeted  more than 7,000 times and had more than 14,000 likes. It also polluted many Facebook feeds.

Klein didn’t tell his 2.5 million followers  that the article relied on a study that had been debunked months ago by  Harvard University researchers Matthew Lilley and Brian Wheaton.  “The study is wrong, and yet journalists ran with it anyway,” they revealed in in Reason magazine four months ago. That’s four. 4. IV. F-O-U-R.

Lilley and Wheaton tried to replicate the original study—if a study is valid, you can do that.  They discovered that “adding a simple statistical control for county population to the original analysis causes the estimated effect of Trump rallies on reported hate crimes to vanish. “Given how little scrutiny was required to reveal the flaws in the thesis that Trump rallies cause hate incidents, one cannot help but wonder whether its viral status was aided by journalists predisposed to believe its message,” the researchers noted.

Ya think?

Klein’s tweet is still up. It’s false and inflammatory, but it advances one of the key Big Lies (that would be #4), so he is running with it anyway. Do you wonder why those on opposite sides of the partisan divide have different views of reality? This kind of thing is a primary reason.

Enemy of the people.

2. The first “I don’t understand this story at ALL” of 2020:

 In July 2018, Michael J. Reynolds. a New York City police officer, was in Nashville for a three-night bachelor-party trip with six other officers. At one point in the festivities,  Reynolds, who is white, kicked in a black woman’s door in a drunken rage, threatening her (“I’ll break every bone in your neck…”) and her sons while calling them “niggers” and showering them with obscenities. He was arrested, tried, and sentenced to 15 days in jail with three years’ probation after pleading no contest to four misdemeanors, court records show. Nevertheless, he remains an employee of the N.Y.P.D. More than 10,000 people signed an online petition demanding his dismissal and supporting the woman whose home he invaded.

Theories? Never mind unions, due process and mandatory investigations: the incident took place a full year and a half ago. There is no excuse for this. Reynolds apologized and said that he was so drunk he doesn’t remember the episode. Oh! Then that’s OK, Officer! Let’s all forget the whole thing!

As it habitually does, the New York Times reached a false analogy, writing,

The case of Officer Reynolds is again focusing scrutiny on the pace of the Police Department’s disciplinary process. In a prominent example of how it can drag on, five years passed before Officer Daniel Pantaleo, whose use of a prohibited chokehold contributed to the 2014 death in police custody of Eric Garner, was fired and stripped of his pension benefits in August.

Ridiculous. There were legitimate issues involved in Pantaleo’s case that made the proper discipline in his case complicated and controversial. There are no reasons for controversy here. Continue reading →

Cancel Culture Ethics: Two Gaffes, Two Polls

/ Jack Marshall / 31 Comments

Chuck Bonniwell and Julie Hayden, a husband and wife team, co-hosted the “Chuck and Julie “show  on KNUS AM TalkRadio in Denver. Riffing about the impeachment this week, Bonniwell said,  “All right, here, a little after 1:30, talking about the never-ending impeachment of Donald Trump. Then he added, chuckling, ” You know, you wish for a nice school shooting to interrupt the impeachment news….”  Julie quickly jumped in, saying, “No! No! Don’t even — don’t even say tha!. No, don’t even say that! Don’t call us. Chuck didn’t say that!”Still laughing,  Bonniwell tried a save, finishing his handing sentence with “in which no one would be hurt.”

Jason Salzman of the Colorado Times Recorder, who said that after hearing Hayden’s plea for listeners not to call their complaints about her husband’s joke, he “called anyway.” Sandy Phillips, who lost her daughter in the Aurora theater shooting, posted on Twitter: “This guy should be fired. Total ignorance. Shootings hurt us all … just ask witnesses and first responders. You don’t have to be shot to be wounded.”

Bonniwell isued an apology the next evening after 24 hours of criticism on the “Chuck & Julie” Twitter feed, saying,  “I made an inappropriate comment meant as a joke. I’m sorry it was not received that way.”  Too late. KNUS fired Chuck and Julie later that evening:

Was this a fair decision?

I’m not sure it was. As I have held here on other occasions, those who take extemporaneously for a living, especially when they are expected to be amusing, are constantly walking a high wire. Occasional gaffes, including moments when certain metaphorical landmines are tread-upon or lines are crossed, are inevitable, and the more creative and bold the talent, the more likely such events are. A no-tolerance policy is unreasonable, and it is virtually always the ethical approach to treat the first such error with a warning or punishment short of dismissal. Virtually, because there may always be single gaffes that are so terrible and potentially destructive to the talent’s employer that firing is the only response.

Thus the question here is whether Chuck Bonniwell’s comment falls in the latter category. My view si that it does not: Continue reading →

Comment Of The Day: “Ethics Quiz: Santa In A MAGA Cap”

/ Jack Marshall / 6 Comments

The issue of whether a mall should have fired a long-time Santa who posed for gag photo in a MAGA cap inevitably invited comparisons with the Naked Teacher Principle, which 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.” There are many variations of the NTP, including the recently visited Naked Congresswoman Principle, which cost Rep. Katie Hill her seat.

The question: Is there, or should there be a “President Trump-supporting Santa Claus Principle?

Here is Alizia’s Comment of the Day on the post, “Ethics Quiz: Santa In A MAGA Cap”…

“I think this one might fall into The Naked Teacher Principle.”

I think I can understand why you would say that, but I think there are a few problems with that assessment. I will try to explain:

First, a school teacher who engages in sexual misconduct, is transgressing in a limited area. Our social norms — though this is changing of course — does not allow teachers of children to appear to be loose sexually. Long ago, and more especially for women who were teachers — and mostly women were teachers — it was part of cultural norms that a teacher have a ‘chaste appearance’.

But in a sense there is no issue of ‘speech’ involved when and if a teacher posts a naked photo. That is, there is no ‘speech content’ or political opinion expressed. If there is a ‘speech’ issue it is only of a vary limited sort.

The Santa who had his photo taken with a Trump hat should never have had to apologize to anyone. He was completely free to take such a photo of himself. There is no possible argument that could be brought out in a so-called free society that could successfully take the man’s right away. Continue reading →

Sunday Ethics Reflections, 12/15/2019: Bad Film Criticism, Bad Journalism, Bad Honors…And Some Really Stupid Stuff Too

/ Jack Marshall / 49 Comments

The late, great, Jerry Vale..

(Also known as “the mob’s favorite tenor”…)

1. And speaking of Martin Scorcese movies, since Jerry Vale is alluded to in several of them…”The Irishman” has been viewed on Netflix by many of my showbiz friends, and most, while complaining about the film’s length, have declared the performances “brilliant.” This reaction, is, I think, bias at work, the so-called “halo effect.” It’s the same phenomenon I witnessed in the D.C. theater community, where certain actors, directors and big theater companies were routinely called “brilliant” in their efforts, when in truth, the exact same product presented by artists with lesser reputations would be shrugged off or ignored.

The three veteran stars of “The Irishman” are being praised by critics across the board, but in truth, with the exception of Al Pacino, they seem weary and channeling earlier, better performances. This is especially true of Joe Pesci, who shows none of the energy we associate with his best performances, and the script requires him to run the gamut of emotions, as the old joke goes, from A to C. He’s as old as Joe Biden, and looks and acts every inch of it, though his character is supposed to be younger. Scorcese has used tech wizardry to give De Niro a younger face when necessary, but it still sits on top of his  80-year-old body. and there is nothing in De Niro’s act that we haven’t seen over and over again (though not so much lately, as Bob has been collecting checks for bad movies in which he appeared to be “phoning it in”).

Pacino, as Jimmy Hoffa, is lots of fun as usual, but he doesn’t appear to be trying to be convincing as the mysteriously disappeared labor boss, who was 62 with he vanished. Pacino is 79. How could anyone call Pacino “brilliant” as Hoffa? Jack Nicholson was far more convincing in the film “Hoffa,” and Pacino isn’t significantly different than he was playing a Hollywood agent in “Once Upon A Time In America.”

It must be nice to reach that stage as an actor when you get paid big checks just to show up, like Marlon Brando in “Superman.” Especially if everyone is going to say you were brilliant.

2.  And now for something completely stupid. This is remarkable in the dual category of incompetence in one’s chosen pursuit (theft) and unforgivable ignorance regarding social media.  Arlando Henderson, 29, who worked for a bank  in Charlotte, North Carolina, stole money from his employer’s vault at least 18 times, for a grand total of $88,000.  He was apprehended and arrested after posting about his robbery hobby on Facebook, including posts showing his new Mercedes-Benz, and this one…

You know, if someone is this stupid, ethics alarms hardly matter…

3. Surely we are missing some crucial information here...The New York Giants, in the midst of a horrible season, fired veteran cornerback Janoris Jenkins last week. Why? He was engaged in an argument with a fan on social media who objected to Jenkins posting  his personal stats after a game that his team lost, and wrote,

“I only can do my job.. retard. Continue reading →

Ethics Quiz: Santa In A MAGA Cap

/ Jack Marshall / 32 Comments

Frank Skinner, who has played Santa Claus at a mall in Waycross, Georgia for 50 years, says he was nearing the end of a long shift with kids on on and off his knee and the mall  was finally empty. For fun, he put on a MAGA cap as he sat in his Santa chair and took his own photo. Then he shared it for friends on his Facebook page.Predictably, some jerk sent it  to the mall’s management with a complaint.To be clear, the picture didn’t show Santa reading Hustler, or feeling up a busty co-ed, or snorting coke. It showed him wearing the campaign cap of the President of the United States.

The mall responded, “We apologize for this occurrence and will be addressing this right away. The Mall at Waycross does not support any specific political party. Thank you for bringing this to our attention. Kindly, Mall Management.” Then  the mall’s manager told reporters that the posing of the photo was “done completely without our knowledge” and added that “it’s safe to say he will not be wearing this hat around here. This particular Santa has been replaced.” Frank was fired.

Your Ethics Alarms Christmas season Ethics Quiz of the Day is…

Was the mall’s action fair and responsible?

Continue reading →

Another Cancel Culture Episode In Canada

/ Jack Marshall / 15 Comments

A retired pro hockey player accused the NHL’s Calgary Flames coach Bill Peters of calling him a “nigger” a decade ago when Peters was coaching him on a minor league team, the Rockford Ice Hogs, an affiliate of the Chicago Blackhawks. Peters apologized in a letter to the Flames management after the allegations, and two days later was  forced to resign.

The Nigeria-born  player, Akim Aliu, wrote on Twitter  that when he was playing for a minor league team a decade ago, Peters, who is white, “dropped the N bomb several times toward me in the dressing room in my rookie year because he didn’t like my choice of music.” Aliu further said that he “rebelled” against the coach as a result of the episode,, and that Peters retaliated by advising executives to demote Aliu to a lower-level league. The National Hockey League reacted with a statement saying that Peters’s alleged behavior was “repugnant and unacceptable.” The Flames immediately opened an investigation into Aliu’s allegations.

In a letter of apology, Peters wrote in part, “I was rightfully challenged about my use of language, and I immediately returned to the dressing room to apologize to the team. I have regretted the incident since it happened, and I now also apologize to anyone negatively affected by my words.”

Aliu, who played briefly with  the Flames, in  2012 and 2013, refused to accept the letter as sincere. There are, by my count, about 28 black or bi-racial players in the NHL, or a bit fewer than one a team on average.

There is so much I don’t understand about this story, it’s hard to know where to begin.

  • Yesterday Aliu met with NHL brass yesterday. Afterward, he told the press, “They couldn’t have been kinder and receptive to the message that we’re trying to bring. I think there’s just some big change coming and it’s long overdue, and I’m excited to see it come to fruition.” Wait, who is “they”? The NHL released a statement too:

  • Akim Aliu is being called a whistleblower.  If so, that was one slow whistle.

How does reporting an incident that took place ten years ago, in a different league, qualify as whistle-blowing in the NHL?

  • Were there other allegation against the Flames coach in his current job? Did he have a long record of bigotry and mistreating players? If this one late hit by Aliu about what happened with the <cough> Ice Hogs is really the whole thing, why did Aliu act now?

His Wikipedia entry describes him as something of a trouble-maker. Was this just vengeance for a his mistreatment for a decade ago?

  • Does it really make sense to fire someone for what he said, with a different employer, that long ago, no matter what it was? Does this mean that Peters can never work again, and will have to wander the world, starving, begging, without friends or shelter? If a statement—not a crime, mind you, but just words, ugly as they may have been— made ten years ago is sufficient to make a man unemployable and a permanent pariah, then why not 20 years ago? Is our enlightened society now concluding that no one can change, or improve, or learn, and a single moment of anger or bad judgment justifying shunning him or her for life?

If I write that this seems cruel and excessive and indeed unethical to me, does that make me racist too?

My usual question as I enter ethical conundrums is “What’s going on here?” In this case, I have no idea, but I doubt that it’s good.

Afternoon Ethics Warm-Up, 11/26/2019: The Pooping Engineer, Fake Newspapers, And Other Things Not To Be Thankful For

/ Jack Marshall / 19 Comments

As the Happy Holidays countdown continues…

1. More trivial ethics: Watching Season #2 (2015) of the excellent Stephen Bochco procedural “Murder One,” my wife and I were stunned to hear an expert witness in the trial of one of the teenage shooters in a school bus mass murder point out, while noting that most sociopaths don’t kill people, the Jack Kennedy and Bill Clinton were examples of very successful sociopaths. It’s very unusual to see favored progressive narratives challenged in television dramas. Of course, this would have been an opportunity for Trump-bashing had the show been filmed a couple of years later.

2.  Ew. Matthew Lebsack, an 18-year employee of the Union Pacific Railroad Co., defecated on a train-car knuckle three years ago, threw feces-covered toilet paper out of the locomotive window, and informed his manager that he had left a “present” for him. Lebsack’s co-workers cleaned up his droppings using bottled water and paper towels.

At the investigation hearing, Lebsack admitted the specifics of the incident and apologized for his behavior. He claimed he  was suffering from irritable bowel syndrome, and his wife had just left him at the time of the incident.

I wonder why?

Yeah, that justifies throwing one’s poop around the workplace. Lebsack was fired, shockingly. His union, the International Association of Sheet Metal Air, Rail, and Transportation Workers-Transportation Division, or  SMART appealed and the matter was sent to an arbitration board.

The arbitration board found that firing “was too harsh.” That’s good to know, just in case a clueless ethics class frustrates me so much I decide to take a dump on the podium.   Lebsack’s medical and psychological issues were deemed to be sufficient mitigation that board ordered Lebsack to be reinstated once he successfully completes a physical and a psychological evaluation. Union Pacific appealed to vacate the decision and SMART sought to enforce it.

U.S. District Judge Brian Buescher ruled that, under the Railway Labor Act, he was without authority to review the merits of the board’s interpretation of the collective bargaining agreement. Buescher said the arbitration board’s decision fell within its discretion, although he admitted that he didn’t understand its reasoning. Continue reading →