McDonald’s

Saturday Ethics Booster, 8/7/2021: Looking For A Hero…

/ Jack Marshall / 4 Comments

I hate to inflict that song on you (the singer/composer was the late Jess Cain, once the most popular disc jockey in Boston) but I have limited options. The 2021 Red Sox, who were sailing all season to what looked like a certain play-off slot , are suddenly in freefall,  with the hitters not hitting and the pitchers not pitching. They face a double-header today, and a double loss would be disastrous. After the 1967 Red Sox “Impossible Dream” season, the best summer of my life, when a team of virtual kids won the closest pennant race in baseball history by a single game after finishing in a tie for last place the year before, WHDH, which then carried Boston’s games, put out the cheesy but wonderful commemorative album above, containing clips from broadcasts of the most memorable games and Cain’s song, tied together by Sox play-by-play announcer Ken Coleman reciting one of the worst pieces of doggerel ever heard by human ears. At one point, Ken recounted a desperate point in the team’s underdog quest, and, having set up the rhyme with “zero,’ intoned, “We have to have a hero.” Cue the Yaz song!

I’ve been thinking about the need for a hero, indeed more than one, quite a bit lately, in matters more consequential than the Red Sox season (well, for normal people anyway.) The Sox sure need one today. If he shows up, maybe it will be an omen…

Incidentally, Yaz deserved the song. Modern metrics show that his Triple Crown, Gold Glove, MVP 1967 season was the second best of all time. (Babe Ruth had #1, naturally.) Anyone who followed that 1967 season knew it before the numbers were crunched.

1. More free speech threats in the Biden Era, but Donald Trump was a threat to democracy…The Baltimore Symphony fired Emily Skala, 59, the orchestra’s principal flutist for more than three decades, because she shared social media posts expressing doubt on the efficacy of vaccines and facemasks. Fellow musicians, audience members and donors complained, so it was bye-bye Emily. Skala, no weenie she, will challenge her dismissal, and accuses the orchestra of creating a hostile environment where she was being attacked for expressing unpopular views. I’d say that is likely. Musicians as a group are about as progressive and open to conservative views as college professors.

Skala angered many of her colleagues for sharing posts questioning the results of the 2020 presidential election—Oooh, can’t have that! She was also criticized for saying that black families needed to do more to support their children’s classical music studies. Wow, this woman is a veritable Nazi! Amusingly, the New York Times cites as among the examples of social media “disinformation” that got her fired were “false theories suggesting that the coronavirus was created in a laboratory in North Carolina” and posts “raising concerns about the safety of vaccines.”

That’s funny: it wasn’t too long ago that suggesting that the virus originated in a Wuhan lab was considered disinformation. And didn’t Joe Biden and other prominent Democrats raise “concerns” about any vaccine produced under the Trump Administration?

I’m just spitballing here, but if only we had some heroic organization that defended free speech, regardless of what side of the political spectrum it came from. It could call itself…let’s see…the National Civil Liberty Protection Alliance, or something like that…

2. Believe it or not, this Russian lawsuit isn’t frivolous, just mind-meltingly stupid. Thanks to Curmie for passing along the saga of Ksenia Ovchinnikova, an Orthodox Christian in Omsk, Russia, who is suing McDonald’s on the theory that its ads made burgers seem so yummy and irresistible that they made her break her fast for Lent in 2019 after years of successfully avoiding meat. She wants 1,000 rubles ($14) as damages for “sustained moral damage.”

The reason this isn’t frivolous (at least not in the US) is because a lawsuit clears the bar if it seeks a new interpretation of existing law, no matter how wacky. Of course, a heroic lawyer would tell the woman, no matter what she offered to pay, “You’re out of your mind, and I’d rather eat my foot than disgrace my profession by taking such a ridiculous case. By the way, would you like this  corndog?” Continue reading →

Comment Of The Day: “Morning Ethics Warm-Up, 3/23/2021: Shots” [Item #1: McDonald’s]

/ Jack Marshall / 7 Comments

mcdonalds drive-thru

I have been at war periodically with our two local McDonald’s, one of which I have permanently boycotted since a manager there insisted that when my son’s friend ordered a “cheeseburger with nothing on it,” it was reasonable to omit the cheese. The other one is notorious for non-English speaking drive-up order-takers, long delays, and, as in this instance, botched orders. I wish I had prompted Michael R’s Comment of the Day on Item #1 of today’s warm-up years ago.

Here it is, a cautionary tale to be sure…

Why is McDonald’s messed up? I can tell you why, because I lived through it.. McDonald’s used to be pretty fast and efficient. McDonald’s stores were a mix of franchisees and Corporate-owned stores. The McDonald’s Corporation provided training and support for franchisees and their key staff, but franchisees ran their own stores and had some latitude in how that was done.

In the early 1990’s, the Corporation found that their most profitable stores were ALL owned by franchisees. They couldn’t understand it. The Corporation was staffed by highly-trained experts and professionals. The franchisees were just Joe-blow off the street hiring their relatives for managers. How could average people out-perform the EXPERTS? They decided that the franchisees must have lucked into ALL the good locations. So, they proceeded to buy up all the best-performing McDonald’s in the country. These were ‘fast stores’, averaging over $20,000 in sales/day at the time. After a year of corporate ownership, however, these stores had all become ‘slow’ stores, with well under $10,000/day in sales. The McDonald’s Corporation even sued several of the former franchisees, claiming that their sales figures must have been faked, because the ‘experts’ couldn’t replicate the success.

Continue reading →

Morning Ethics Warm-Up, 3/23/2021: Shots

/ Jack Marshall / 12 Comments

This morning served as a perfect example of how the news is now automatically politicized and prioritized for partisan ends. On CNN, a panel was discussing the mass shooting in Boulder. Colorado, and instantly transforming the segment into gun-control mass rant. On Fox, the crisis of the day was the chaos at the border, where the virtual open-borders policies everyone—including those planning to be illegal immigrants—knew would come in along with the Biden administration is having the predictable effects. That segment was a diatribe against the wink-wink, nudge-nudge Democratic enabling of uncontrolled immigration.

CNN wins in the closely contested dubious ethics category by having “contributor” Andrew McCabe on the panel. McCabe epitomized the FBI’s corrupt and partisan efforts to injure the Trump Administration from within; he leaked information to the media and lied about it; he was fired, and deserved to be. McCabe’s high-profile anti-Trump conduct was sufficient to get him a gig on CNN, where being part of “the resistance” is all one needs to endear oneself to the Trump Deranged.

McCabe should have lost his law license, as any attorney who leaks confidential information should, and personally, I wouldn’t trust him to walk my dog.

1. You want to be paid $15 an hour for doing a job this poorly? This morning, having been forced to get up and move my car at 7 am, I decided to drive to the local McDoanld’s for my favorite guilty morning pleasure, a sausage biscuit and some hash browns. For once I could understand the heavily accented woman on the intercom, and I made a clear and distinct order. But given false security by this unusual development, for the first time in a long while I didn’t check the bag—this McDonald’s bats about .500 in getting orders right—and sure enough, when I arrived home, I found an Egg McMuffin instead of a sausage biscuit. I hate Egg McMuffins.

This isn’t brain surgery. I know it’s a crummy job, but it is what they are being paid for. Don’t tell me someone who is that inattentive deserves “a living wage.” Pay them for not working, if you foolishly want to treat them as charity cases; at least then they aren’t getting rewarded for doing a job badly.

2. Why can’t McDonald’s work this efficiently? My experience getting my first Wuhan virus vaccination (in Alexandria, Virginia) was excellent. The elaborate process, staged at a middle school about five minutes from my home, was well-planned, cheerful, and quick, even on a Saturday with long lines. I must have personally thanked ten volunteers.

Continue reading →

After School Ethics Special, 1/6/2020: Stupidity On Parade

/ Jack Marshall / 24 Comments

 

“Help?”

A grateful pointer to Althouse for finding this photo, which raises automatic ethics questions. I am viscerally opposed to putting sweater, clothes and costumes on dogs, in part because all of our dogs have hated it, and one, our feisty Jack Russell Dickens, would twist himself like a contortionist to get out of any garb, whereupon he would rip it to shreds. Several of her commenters make a great point, however: it is unethical to force dogs bred for warm and dry climates to live in wet, cold ones. I have dog-lover friends who insist that dogs are humiliated by being dressed up, like Ralphie in his bunny pajamas. That, I think, is a stretch.

1. Don’t blame Disney. Emerson Elementary School in Berkeley, California decided to raise money for the PTA by selling tickets to a screening of  The Lion King. CNN explains,

“One of the dads bought the movie at Best Buy,” PTA president David Rose told CNN. “He owned it. We literally had no idea we were breaking any rules.” While the school doesn’t know how exactly the company discovered the movie was played, Rose said the school’s PTA will “somewhat begrudgingly” cover the cost of the screening. An email sent to the school by Movie Licensing USA informed Emerson faculty that the company had “received an alert” that “The Lion King” was screened during an event on November 15. Movie Licensing USA manages licensing for Disney and other major studios. And since the school does not have a license with the company, it’s been asked to pay $250 for the screening — and $250 per showing of the movie at any future events at the school.”

What? “Somewhat grudgingly”? They had “no idea” charging for tickets to see copyrighted material broke any rules? Those rules are well-displayed on any DVD, and any duty of reasonable intelligence should be able to figure out what’s illegal about doing what they did. There weren’t any lawyers among the organizers and attendees?

In its story about this episode, Boing Boing, an entertaining site with an annoyingly “woke” staff, implies that Disney is being an greedy old meanie, and that the PTA was an innocent victim of another evil corporation.  Wrong, and stupid. If companies don’t protect their copyrights and trademarks, they can lose them. Disney has been overzealous in this area, but not on this occasion.

2. KABOOM! Chris Matthews suggested yesterday that the Democrats should consider nominating Adam Schiff for President. Continue reading →

Not Surprisingly, The French Are Just Plain Wrong About Vertical Dating

/ Jack Marshall / 8 Comments

..and so is blogger Amy Alkon, who launched her objections to vertical dating prohibitions with this report  by Ibtissem Guenfoud at ABC about the French reaction to McDonald’s CEO being sacked for having a sexual relationship with a subordinate, in violation of the company’s policy:

Some are calling it the latest case of American puritanism, “far from French ways,” and reminding the French public that, at least in France, employees and bosses are free to date and protected by their right to privacy… in France, the company’s rule not to date “employees who have a direct or indirect reporting relationship to each other” is seen as anti-freedom, including sexual freedom.Therefore, to exclude sex from the workplace as a means of protecting women is perceived as an exclusion from the sexual realm that they fought so hard to have access to, thereby reducing them again to the status of objects who need protection from men. “We are putting walls in places where it is not necessary,” Rudisuhli said. “The sexuality of people does not concern the company. Women are big enough to know what they want. All women do not dream of marrying their boss. There is contempt for women as if we were venal and we need to protect them. It’s contemptuous.” Rudisuhli voiced the concern that women in France risk being victimized in the wake of the #MeToo movement and reduced to an inferior position of needing protection, in the sexual realm as well as in the workplace. It is through this lens that many consider McDonald’s rules to be patriarchal….

Sure. In reality, it is through this lens that bosses who want to abuse their workplace power to get laid and employees who think they can use sex to get an edge on advancement see a threat to their unethical and destructive agendas.

I get it: the French culture embraces sexual harassment. That’s their choice, but don’t insult everyone else’s intelligence by trying to justify it by using a wave of rationalizations so high it would drown Marseilles. Continue reading →

Ethics Hero: McDonald’s

/ Jack Marshall / 7 Comments

 

Neat, clean, unambiguous: Katie Hill take notice.

McDonald’s has either fired CEO Steve Easterbrook or forced him to resign (it’s unclear which)  after it was determined that he had a sexual relationship with an employee, and thus a subordinate.  The relationship was determined to be “consensual,” to the extent a non-workplace, intimate relationship with a superior who controls your livelihood and professional advancement can ever be regarded as truly consensual. The position of Ethics Alarms is that it can not be; this was once the official position of the National Organization for Women until the principle threatened the tenure of Bill Clinton in the White House, whereupon Gloria Steinem suddenly declared that such relationships were swell.

“Mickey D’s” Board of Directors found Easterbrook had “demonstrated poor judgement,” the company announced today, and had violated written company policy. Easterbrook, 52 years old, had seen the company’s shares nearly double  in value since he became chief executive in March 2015.  The board therefore definitively rejected the King’s Pass, sending an unequivocal message to other managers that treating the workplace as their personal dating bar wouldn’t be tolerated no matter how important they were or how effective they were at their jobs.

Good. Continue reading →

From The Ethics Alarms “FUNNY!..But Unethical” Files: The McDonald’s Japan Promotional Cups

/ Jack Marshall / 9 Comments

Last year, Land O Lakes finally changed its famous Indian Girl logo so you could no longer do the “boobs trick”  by folding the package just right and making a little flap of the butter package that young Elizabeth Warren or whatever her name was holding that when raised would show her oddly shaded knees as something less pedestrian. Why they would bother papering paper over one of the longest-running and most famous  commercial artist gags ever after decades, I don’t know.  In its day, the gag was considered obscene, but by 2018 it was Americana. I had an uncle who kept one of the risque  package cut-outs in his wallet.

There are others, of course. I once got an office supply catalogue in the mail that had a back page with a color image of a man using an office product on one side and an image of a woman using a different product on the other that when held up to the light so both illustrations were visible at once,  produced a composition showing him looking up her skirt. I have been told that commercial artists are prone to such gags, being frequently frozen at the emotional age of 12.

Now some similarly juvenile artists have made a McDonald’s promotion in Japan into another obscene practical joke, this time by modern standards. On each side of two plastic cups, which the stores are handing out in a summer promotion, innocent appearing cartoon drawings of cute young children, a boy and a girl, are visible in  various chaste poses. However, when the drink is gone, one one can see both images at once, and the resulting spectacle is this..

or  this…

I’m sure its just a coincidence.

I wonder how my uncle would have managed to fit those in his wallet? He would have found a way, knowing him.

_______________________________________

Source: Mashable

No, This Isn’t A Frivolous Lawsuit, Just A Really Dumb One That Makes People Hate Lawyers Even More Than They Already Do

/ Jack Marshall / 21 Comments

In fact, it makes me hate lawyers, and just about everyone I know is a lawyer, including me. I am drowning in self-loathing.

Now pay attention. A class-action lawsuit filed in Fort Lauderdale federal court this month is based on the claims of Cynthia Kissne, and Leonard Werner that they shouldn’t have to pay for the cheese on their McDonald Quarter Pounders if the cheese is removed at their request. The lawsuit, filed by Andrew Lavin of the Miami-based Lavin Law Group, asks for 5 million dollars in damages for this injustice. The logic of the suit is that McDonald’s used to distinguish between the Quarter Pounder and the Quarter Pounder with Cheese, and charged a bit more for the latter. Now, however, the only version sold in the stores is the cheese version, but it is just called a Quarter Pounder. If you don’t want cheese, you say, “no cheese,” but you still pay the same price. The Horror. This is not an unusual practice in the industry, for obvious reasons. Burger King advertised that you could customize your Whopper, but removing stuff didn’t mean you paid less. Oddly, nobody sued. Continue reading →

Here’s Something The News Media Hasn’t Explained Regarding The Weinstein Scandal: Those Victim Confidentiality Agreements Are Unethical, And Maybe Illegal

/ Jack Marshall / 5 Comments

Rose McGowan, the new Sexual Harassment Fury on social media, says she was raped by Weinstein and had to accept a $100,000 settlement with a confidentiality agreement as a condition of the deal. That means that if she subsequently told her story and accused Weinstein, she would be liable for damages, and would have to return the money. Right?

Not exactly. Most of the accounts in this sordid series of events make it seem like confidentiality agreements are iron clad and enforceable. Often they are neither. McGowan’s almost certainly wasn’t.

Debra Katz, an attorney specializing in sexual harassment law suits, recently explained that if employees or former employees came forward with information about Weinstein participating in criminal misconduct, their non-disclosure agreements or confidentiality agreements would probably be unenforceable, saying,

“These kind of very broad NDAs or confidentiality agreements typically violate public policy. Employees have to have the legal ability to discuss any concerns about unlawful behavior in the workplace … These broad provisions that would effectively silo people, make them feel like they can’t speak about this, are simply an instrument to put fear in people.”

My position has always been that lawyers who construct such agreements, knowing that they are unenforceable, are committing sanctionable ethical misconduct. The lawyer for the employee being silenced, moreover, has an obligation to let the client know that the requirement is unconscionable. Of course, it’s the client’s decision whether she wants to take the money.  It is also unethical to make an agreement you have no intention of honoring. 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 →