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
“You are no more or less valuable than me or anyone else……..I don’t think you understand that.”
Of course not. No follower of Rand does. Theory X (as you and Mike both noted) caters to that ego worshiping mindset.
“I don’t compare my experience to that of Ms Rendon I wanted to show how a small person with power over subordinates is often the crux of the problem of compassion-less corporations”.
Jo,
This is true of all bureaucracies that are rigidly hierarchical. Those who rise up through management often are the toadies who kiss the behinds of those above, while stoking their egos by mistreating those below. Back, long ago, when I was a business major in College supervision via fear and intimidation was called Theory X and was justified as a valid tool of management. The truth is it is a terrible way to manage, only justified by a pompous ass getting their fragile egos stroked.
Roco, Yes you win the booby prize I worked for BB&T for several years. As for them being a cut above that sort of thing it must be very cozy behind those rose colored glasses. I have worked for two other banks during my career and BB&T was the worst. This article was about the lack of compassion of a corporate entity toward an employee and tho I don’t compare my experience to that of Ms Rendon I wanted to show how a small person with power over subordinates is often the crux of the problem of compassion-less corporations. The then CEO (I don’t know if he is still CEO) isn’t aware that the supervisor was mean to lil ole Jo. And would disavow everything she said to me and others during her reign of terror. However the attitude is taught . With Ayn Rand worship. A wink and a nod toward tough treatment etc. This attitude was not only exhibited by my supervisor but also by every officer in my branch and also by the executives I met from other branches and corporate. (except for one woman who left a year before me, She said to me she was afraid of losing her soul) Corporations don’t have to print up a guideline but Middle Management gets the idea.
Now come on No sickday unless a temp of 106 or 72 for a lousy $200k. I think even Warren Buffet or Bill Gates should be able to stay home with a fever of 105 or 80. As either of those temps could and probably would end in death or severe brain damage I don’t think I know anyone earning $200K who values their lives or brains so little. You see compassion neither rises or falls on the $ value of a job or the $ value some people place on a person You are no more or less valuable than me or anyone else……..I don’t think you understand that.
AY,
It’s not just you.
Roco,
So you would want an extremely valuable employee (assuming you’re paying him $200K for a reason) with 103° fever to come into the office, do their very important job while clearly incapable of performing at their best, aggravate their illness, and infect their coworkers. If I had a valuable employee that was sick, I would send them some chicken noodle soup and tell them to stay home and take care of themselves until they got better – no matter how much they were making. Is it just me, or is the cognitive dissonance exemplified in your comments growing?
I was looking at the side of the page that shows where someone has posted and I noticed this:
Roco on A Startling Lack of Compassion….. Is it just me or is it irony…..
Jo Atkins:
“Bosses often are like gnats. annoying and always in your face.”
Have you heard “bosses are like diapers, always on your ass and full of shit”?
Your version is much more refined.
This blog is good for that.
In any event, I am rather disheartened you were treated that way as I thought BBT [or is that just my assumption] would be a cut above that type of thing. You cannot let employees abuse the system but at the same time people have health and personal problems that require the bending of rules from time to time.
A modicum of compassion from a boss can go a long way. it is also unreasonable to ask a person making say $60,000 per year with no stock options or other incentives to act in the same manner as someone making $200,000 per year with other incentives. If I was paying someone $200,000 per year their ass better be in that office at 7 am and be there until at least 6:30 pm and the only excuse for missing a day for sickness should be a temperature of 106 or 72.
Roco, you said “you are, in most cases, not going to change them” Amen to that. One person never changes another. A person must change his own views. the best anyone can ever hope for is to put out their ideas and the other person may hear an interesting point and think from a different angle than they are used to. That is what I like the most about this blog. people with different ideologies discussing issues from their different angles. Yes the people here arguing with different points of view are sometimes snarky, sarcastic and sometimes a little mean but I have rarely seen people of either bent Liberal or Conservative be vicious. I like what interesting people have to say even when I disagree with them. And Roco that includes you.
I agree with “Just choose not be around people who behave badly.”
But its not possible in the case we were discussing. Bosses often are like gnats. annoying and always in your face.
Jo Atkins:
That is an interesting take on it. I gave 2 possibilities, just a jackass or making up for a small john thomas. I also said sometimes women in power can be nutcrackers, I did not say all women in positions of authority behave that way. I also explained it as a lack of confidence.
It has nothing to do with “just”. But the fact is that people behave in certain ways based on their personalities which are created over a lifetime of experience. The nature of a dog is to chase a cat.
If you do not like the behaviour stay away from the person, you are, in most cases, not going to change them. In my opinion people have bad behaviour because they are just jackasses or because they just lack confidence. Certainly there could be health reasons as well, but there again we could say he is irritable because he just has a lack of oxygen.
Just choose not be around people who behave badly.
Roco, The Americans with Disabilities Act is still is a good idea but as with most crimes it can be hard to prove. And the anyone contemplating bringing an action against an employer is aware that the bosses may take retaliatory action. Yes that is against the law also but again hard to prove.
In the previous post you said, “Sometimes women in positions of power can be real nut crackers trying to make up for the lack thereof.” You said in the above post “Men in positions of power who act like that are just plain jack asses or trying to make up for undersized hands. I guess either way, it is a lack of confidence that causes the behavior.”
The “nutcrackers” metaphor was more pithy. And yes it was funny. Roco made a funny. Very sexist but funny. Women are “nutcrackers” but men are “just plain jackasses” with with feelings of inadequacy.
“Women are nutcrackers” and “men are just plain jackasses.”
” Women are” and “Men are just”
The usage of the word “just” in this way always goes to mitigate a persons bad behavior. A sentence I often hear is: “Well that’s just the way she is” or “he is just a little kid” In both of my examples it is saying we will allow it because the person is “just” whatever.
Roco I’m not saying you are a bad person because you think this way. Society thinks this way. But next time you hear yourself or someone else say “he is just whatever” wonder if you are allowing their bad behavior that you would not condone in a person who wasn’t “just”
Jo Atkins:
Men in positions of power who act like that are just plain jack asses or trying to make up for undersized hands. I guess either way, it is a lack of confidence that causes the behavior.
Credit unions are the way to go.
The American with disabilities act was a laudatory law but I think it has hurt more than helped people with disabilities. I think employers are worried about getting into legal trouble so they dont hire handicapped people.
Roco, You said, ” I dont think he would have agreed with what your supervisor said. 6 days off in an entire year and you left early twice? I dont think you are telling the whole story, because that amount of absence doesnt seem unreasonable to me.”
I am sure he would not have agreed out loud but the management learn their roles from the top down. Certain attitudes are smiled upon and others are frowned upon. Which attitudes are followed by ambitious middle management types?
As for telling the whole story .. no I didn’t tell the whole story because the horrors of my years at that bank in the way I was treated as well as others would be a long book not a post on a blog. What the supervisor said as to my absences was that the national average was three sick days in a year. I don’t know if those figures are correct or not because she was not above stretching a point or outright lying.
You said, “And if she said she would not have hired you because the bank had a policy of only hiring healthy people, that is a class action suit waiting to happen to say nothing of a serious lack of vision.” LOL that’s funny. Why do you think people with migraines or other chronic illnesses don’t tell their prospective employers. The prospective employer will just say I didn’t hire her because she _______(fill in the blank with any legal reason not to hire) As for having said that she wouldn’t have hired me and the banks policy was “only have the best, brightest and healthiest working there” In a closed door meeting its She said, She said”
Hostile workplace, Americans W/Disabilities Act It goes on all the time. LMAO Go up against them in a legal battle. THEY ARE A BANK. They own your credit score.
From the car accident I mentioned in my previous post, my neck injury was serious. I had surgery and my recovery was slow (still in recovery 7 years later) I took my short term disability and then left their employment and good riddance.
As a customer you may have a good relationship with them. And I hope you do. There are better banks than them but there are worse. From a behind the scenes outlook I recommend a credit union for most banking purposes.
Oh and you also said, “Sometimes women in positions of power can be real nut crackers trying to make up for the lack thereof.” This is true. Sometimes. However it can also be said, “Sometimes MEN in positions of power can be real NUTCRACKERS trying to make up for the LACK THEREOF”.
There are laws protecting people from job termination due to jury duty, but I know of no legislation requiring an employer to grant leave for an organ donation. There are many situations in which one must rely on good faith and human compassion. Ms. Rendon has been returned to the payroll solely as a result of adverse publicity, something which many employers deem more damaging than cruel personnel policies.
Jo Atkins:
I am a customer of that bank. I have talked to some of the people who have gone through their program when the former CEO was there. And I have seen the CEO speak at various events.
I dont think he would have agreed with what your supervisor said. 6 days off in an entire year and you left early twice? I dont think you are telling the whole story, because that amount of absence doesnt seem unreasonable to me. And if she said she would not have hired you because the bank had a policy of only hiring healthy people, that is a class action suit waiting to happen to say nothing of a serious lack of vision. I guess hiring a guy with Stephen Hawking’s mind is out of the question if it comes with his body.
Sometimes women in positions of power can be real nut crackers trying to make up for the lack thereof.
Mike Spindell:
I dont disagree with you. But I would add that you should treat your employees well because that is how you would want to be treated as an employee. Although it is good for business to have happy employees who feel secure in their jobs.
I would have hired a temp for the woman, and helped her financially if she had been a good employee.
All of those companies you boycott employee thousands of people, did you ever stop and think that if you and thousands of others boycott those companies they either dont hire as many people or have to let some people go because of reduced sales? You really arent hurting the company but you may have cost someone their job.
If I am really upset with a company I write a letter to the head or call and ask to speak to the CEO’s admin. assistant. I have always gotten through to that person and I have gotten results if the company thought my complaint had merit. I have called 3 times and have gotten satisfaction twice.
This way the CEO knows why I was upset, the CEO probably doesnt even see a down turn in sales if you dont buy his companies product. If he does he doesnt know why. You would do far better to have a letter writing campaign or call the admin. asst. and voice your concerns. You might actually change the way they do business if you present it the right way and your complaint has merit. This way you wont be responsible for someone losing their job. But then that is just my opinion.
The first paragraph in my post above should be in quotes.
As far as boycotts go I’m all for them. In my home we’ve never used Welsh’s products, Schick products, Northern Paper, Coors Beer, or ever see Mel Gibson movies. It may not put them out of business, but it gives us satisfaction.
I still wouldn’t walk across the street to see a Jane Fonda movie – I know, a different kind of boycott.
http://www.commondreams.org/view/2011/09/19-11 Here as an article discussing the GOP’s view of women, “Does the GOP Hate Women”?
Profits over people. Capitalism sucks!
Roco,
As usual, Mike S said much of what I was thinking more eloquently than I ever could. But to add – no business has a right to my money. In fact, I usually find that anywhere I am forced to patronize a single company, the role is better served by government (utilities, health care, infrastructure, etc.). I’m just advocating giving consumers as complete information as possible so that they may make the most informed decision about how to spend their money as possible – in other words, I’m suggesting that this a place where the free market should decide. If people know what happened and still choose to patronize the business, that’s fine, all I want is for more people to make an INFORMED choice one way or the other. In other words, you are currently arguing AGAINST the free market. That’s the problem when your arguments are not logically consistent – you eventually end up caught in a contradiction. In the words of my friend Sara, “Sucks to be you.”
Jay S,
The management of the company is responsible for the corporate culture – if they had done a better job of setting up and running the company then the staff would have dealt with the situation in a more appropriate manner.
This is why we need unions.