Submitted by Gene Howington, Guest Blogger
Webster’s defines compassion as:
In yet another instance of corporate callousness, Claudia Rendon, a 41-year old mother from Philadelphia, was fired from her job at Aviation Institute of Maintenance after taking leave to donate a kidney to her son, Alex. Kidney transplant surgery normally takes six to eight weeks recovery time. Rendon had discussed taking unpaid leave from July 19 to undergo the kidney transplant surgery on July 21 at the Hospital of the University of Pennsylvania and to return to her job on September 1. She told ABC News that on her last day of work, her manager presented her with a letter to sign acknowledging that her job was not secure one hour after telling her that she would have her job upon her return. On August 24, Rendon informed Aviation Institute of Maintenance that she might not be able to return to work September 1 due to severe lower back pain; a common complication of such surgery. Aviation Institute of Maintenance said they wanted a letter from the doctor. The University of Pennsylvania hospital and her short-term disability provider each wrote letters to Rendon’s employer stating she would return to work Sept. 12. Upon making a social visit to Aviation Institute of Maintenance on September 8, she found out her position had been filled by someone else on September 6. Alex, who was a student at AIM, has also suffered repercussions of undergoing this lifesaving transplant. The school is trying to collect $2,000 related to time he took off in addition to trying to charge him $150 to re-enroll. Did Aviation Institute of Maintenance break the law? Or are they just another example of a callous employer lacking in compassion?
The Federal Family and Medical Leave Act, which would require the employer to provide up to 12 weeks of unpaid leave, does not apply because Aviation Institute of Maintenance has less than 50 employees. Perhaps the Federal Americans With Disabilities Act or the Pennsylvania Human Relations Act applies and may yet provide remedy. The ADA would require her employer to provide “reasonable accommodation” to the temporary disability caused by the surgery. In this instance, it is quite reasonable to assert that the employers action should have been to hire a temp through a service to cover the 12 day gap. The PHRA applies to all public and private employers in Pennsylvania with four or more employees and, although the language is not as clear as the ADA, does provides similar anti-discrimination protection in employment practices. This is a matter for the courts to decide as their actions relate to both the ADA and the PHRA. The answer the question of whether the Aviation Institute of Maintenance break the law is “maybe”. Any remedy may be mitigated by the fact that since receiving so much bad publicity over this matter, AIM has put Rendon back on salary pending a new opening. This does not mean she has her job back or will remain on payroll.
However, as to the question of whether or not AIM has acted in a callous manner lacking of any modicum of compassion, I think that is without question. They first agreed to hold her position then at the last minute and in an abundance of unfair bargaining position forced her to sign a letter releasing them from liability if they didn’t hold her position. They failed to make a reasonable accommodation for her (and her son’s) recovery. They attempted to compound the damage done by replacing Rendon by trying to collect money and fees from Alex during his recovery.
Aside from any remedy the courts can apply, do you think it is enough? Should we as a society encourage consumers to not do business with companies that treat their employees badly? Even if their bad actions as in the case of Cecelia Ingraham are not per se illegal? What do you think?
Sources: ABC News, Huffington Post, Daily Mail
~Submitted by Gene Howington, Guest Blogger
“Does a tree make a sound when it falls if no one is around to hear?”
If a tree falls in the forest, and no woman is there to hear it,
is her husband still always wrong?
If a tree falls in the forest and lands on a mime,
does anybody care?
“If left alone, the market is self correcting. But it never gets that chance because of government intervention.”
Like what?
(We could sure sell these green beans more efficiently if it weren’t for that regulation about keeping rat shit out of the beans.)
Mike Spindell:
1. I support the right to bear arms, most progressives don’t.
so do I and I am pretty sure Rand doesnt like guns.
2. I support the existence of Israel and believe the rhetoric of their committing genocide is way over blown. Most progressives would disagree.
I agree.
3. I am against illegal immigration and believe reasonable efforts should be made to end it. Most progressives disagree.
I am for amnesty for illegal aliens, the more the better. I would want to come here if I hadnt been born here.
4. I am against The World Court and the United Nations. Most progressives would disagree.
I agree.
5. I think the “Peace Movement” of the 60′s was a horrendous failure and actually produced the opposite result. Most progressives would disagree.
I agree with you.
6. I believe that LBJ was a better President than JFK, but was badly mousetrapped by the VN War. Most progressives would disagree.
I think they both sucked.
7. I think Harry Truman was a lousy President. Most progressives would disagree.
I think Truman did OK.
8. I think Castro and Chavez are sociopathic egotists and thus bad for their countries. Most progressives would disagree.
I agree with you.
9. I would never contribute a cent to Public TV, on principle, but watch it when a show interests me. Most progressives would be horrified.
I agree with you.
But so what? Most of that is just fluff. Except 2nd amendment, illegal immigration, UN and Israel. The only thing we disagree on of substance is illegal immigration. But we probably dont agree for the same reasons.
Does that make you a randy Sociopath, Mike?
“I would note, however, that the phrase “Rand-y Utopian” was mine”
Slarti,
It did strike me as being too ironically creative for Roco. Let me point out, while on the topic, that one of the most unself-aware aspects of Roco is that he often sees himself as the victim, not realizing that when he lumps other posters together as “collectivists, etc.”, he is being insulting and so elicits insulting replies.
Mike S,
Well said! I think that you very nicely captured the difference between you and Roco – you follow the party line only when it is consistent with your beliefs, while Roco is well known to avoid anything that might make baby Jesus… um… I mean Ayn Rand cry. Which makes it unsurprising that he projects his own pig-headed dogmatism on others…
I would note, however, that the phrase “Rand-y Utopian” was mine, so Roco isn’t responsible for it unfortunate or no…
“Please tell me what reality is Mike since you are so smart.”
Roco,
I am smart but damned if I know what reality is. It keeps shifting and the totality is such that one can only try to shift with it.
“Is reality what we perceive or is perception reality?”
Neither and both.
“Does a tree make a sound when it falls if no one is around to hear.”
Some scientists have theorized that reality is changed by our perception and they have done experiments that indicate their belief is real.
“Does life begin at conception, the quickening or birth? You guys accuse me of being a “Randy Utopian” and a sociopath. How do you know your version of reality is the correct one? You worked helping the poor your entire career, how do I know you truly understood what was going on? How do you know you truly understood? People dont always tell the whole story especially when their monthly check may be on the line.”
Life begins at at birth according to my perception of reality. however, you raise an interesting question. Here’s why I say you filter things through your own pre-judgments, where I admit that at times I do but to a much lesser degree. With you on any given issue one can pretty much know exactly where you stand, based on your predilection for Rand.
On me, who you call a “collectivist” and a progressive in your need to pigeonhole others as you do to yourself, this is not true. Some instances:
1. I support the right to bear arms, most progressives don’t.
2. I support the existence of Israel and believe the rhetoric of their committing genocide is way over blown. Most progressives would disagree.
3. I am against illegal immigration and believe reasonable efforts should be made to end it. Most progressives disagree.
4. I am against The World Court and the United Nations. Most progressives would disagree.
5. I think the “Peace Movement” of the 60’s was a horrendous failure and actually produced the opposite result. Most progressives would disagree.
6. I believe that LBJ was a better President than JFK, but was badly mousetrapped by the VN War. Most progressives would disagree.
7. I think Harry Truman was a lousy President. Most progressives would disagree.
8. I think Castro and Chavez are sociopathic egotists and thus bad for their countries. Most progressives would disagree.
9. I would never contribute a cent to Public TV, on principle, but watch it when a show interests me. Most progressives would be horrified.
That’s just a few areas where I deviate from any “party line” and thus my thinking is not as predictable and stultifying as is yours. In truth I’ve changed my positions on many of them as new facts presented themselves. Yet I do admit that as a human being I am influenced by the society, culture and the world around me. However, the difference twixt you and me is that my mind is far more open to ideas that challenge my basic assumptions and that is why you are a “Randy Utopian” to use your rather unfortunate turn of phrase.
Mike Spindell:
What do you filter your views through? What does anyone filter their views through? Their life philosophy. You have to have some anchor with which to judge events and actions against.
What is reality Mike? Do you know? Is it between your ears or does it actually exist? Does a tree make a sound when it falls if no one is around to hear. Is green really green or is it some other color? Is reality what we perceive or is perception reality?
Does life begin at conception, the quickening or birth? You guys accuse me of being a “Randy Utopian” and a sociopath. How do you know your version of reality is the correct one? You worked helping the poor your entire career, how do I know you truly understood what was going on? How do you know you truly understood? People dont always tell the whole story especially when their monthly check may be on the line.
Whenever I put an add in the paper, I get calls from people who only want me to say they were putting in an effort to look for work so they can continue to get unemployment, they dont even want the job. I have offered work to the homeless and they reject my offer but take my charity.
I see those people who are camping out on Wall St. as nothing but a retread of the protesters of the 60’s, nihilism is their philosophy. The only thing I agree with them on is that Wall St. shouldnt have gotten a bailout. But they and their parents were probably the same numb nuts who believed it had to be done to save Main St.
Please tell me what reality is Mike since you are so smart.
Mike Spindell:
The 70’s was a bad time for the American car industry and America in general. Nixon’s wage and price controls bear a large portion of the blame. I have also realized that Jimmy Carter got screwed by these same wage and price controls. But he did nothing to turn the economy around so some of the blame lies with him.
The oil shortage was probably due in part to these same wage and price controls and of course the oil embargo. Detroit made a terrible product in the 70’s and early 80’s trying to adapt to rising oil prices and the economy Nixon created. Think K car, what a POS and the Mustang II. Who’s idea was that? Take a perfectly good body style and turn it into who knows what.
So I am not so sure you can blame Detroit for bad design in that era, they got blindsided by the economy and oil prices.
Ford hired Dr. Deming in the early 80’s to address those deficiencies. It seems to have worked. But the design of cars is now pretty much controlled by DC and the laws of thermodynamics but probably more so by DC.
In any event the American car industry isnt doing too badly, at least the one American company left (Ford) who hasnt received govmint money.
Most of the cars today look the same with minor variations in style. Personally I dont understand why Detroit doesnt go retro and bring back some of the cars from the 60’s with the exact same body style but new technology. Ford did a pretty good job with the Thunderbird and Dodge with the Charger. The Camero isnt bad either.
If left alone, the market is self correcting. But it never gets that chance because of government intervention.
“Bullshit, you have no idea what you are saying. The American auto industry used to have hundreds of brands. Now they have to meet government sanctioned mileage requirements and pollution regulations. Along with their ridiculous pension liability.”
Roco,
As usual you let your Rand shaded eyes filter out the reality. The American Auto industry got the crap beat out of it by Japan and Germany because they insisted on producing the more profitable larger cars and trucks, while at the same time stinting on quality control. Then too they screwed up their branding at GM for instance by using the same body styles across their brand lines. When they produced a small Cadillac for instance, that was pretty much identical to the same model Chevy, they devalued the cachet of their product. Also their styling became stultified and along with that they eschewed innovation (front wheel drive, overhead cams, etc.) and refused to raise gas mileage until forced to do it. Even with weak government mileage regulations, that they only paid lip service to, they simply couldn’t comprehended what building a popular car required.
these are not thugs…these are intelligent young people who are demanding a place …and they are right!
If the god damn economy were free, we would have a vibrant auto industry and people might be making aero cars or some other innovative idea that would keep American cars at the forefront.
——————————————
the ‘Economy’ is not and never has been free….in fact it is built on the backs of the working and middle-class….you know, the ones who bailed every one else out and now are being ignored by the the brokers bankers and indian chiefs…..
http://www.huffingtonpost.com/2011/09/24/occupy-wall-street-protes_n_979367.html?ref=fb&src=sp&comm_ref=false#sb=937721,b=facebook
Roco said, “The middle class is in the straight it is in from taxes and regulation, not from too much economic freedom.”
I think the middle class is in a pinch from property taxes, that keep rising when states and the federal government don’t return to cities a portion of the taxes paid to those two government levels by the city residents. Cities, counties, school districts raise property taxes to make up for lost state aid.
Can you name some specific regulations that put the middle class in the straight it is in?
Roco,
You don’t learn about continental drift by living on a continent. Being a part of something large often means that you are prone to missing the forest for the trees.
As an example of why what I say is reasonable and what you say comes out of your nether regions, you said that the American auto industry couldn’t compete because had to contend with CAFE standards and it’s pension liability. The first point would only be relevant if the Japanese didn’t have to meet CAFE standards and the second is WHAT I POINTED TO AS THE DIFFERENCE BETWEEN A MATURE COMPANY AND A YOUNG ONE. In other words, your response to my argument was completely moronic and just a step above word salad.
I have been a member of the middle class for my entire life as well as having a compulsion to try to understand all of the dynamical systems I see around me that borders on obsessive. Given my substantial training in mathematics and my talent for abstract reasoning, I think I have a pretty good perspective regarding the dynamics which are currently endangering the middle class. What’s more, as a scientist, I can cite an enormous amount of empirical evidence which is consistent with my hypothesis and which falsifies yours.
Slarti:
“The mature American industry, saddled with retiree benefits and health care costs struggled to compete with the young Japanese industry which had neither. You obviously have no desire to try and understand what I’m saying…”
Bullshit, you have no idea what you are saying. The American auto industry used to have hundreds of brands. Now they have to meet government sanctioned mileage requirements and pollution regulations. Along with their ridiculous pension liability.
If the god damn economy were free, we would have a vibrant auto industry and people might be making aero cars or some other innovative idea that would keep American cars at the forefront.
Look at the intertoob, it has been relatively free and look at the great wealth and innovation which has occurred. If it had been taxed and regulated it would still be a 50kb system over the phone line.
Your ideas dont work, look around you. It is failing all over the world. The middle class is in the straight it is in from taxes and regulation, not from too much economic freedom.
Your ideas dont have any merit but you are too arrogant to look around and see the true nature of what you propose.
I have been in the private sector for 30 years as an employee and as a small business owner. You have been in a university setting for most of your career, I think I have a pretty good perspective on the middle class and some aspects of the economy.